DUI Defense

If you are arrested for DUI there are two separate issues you must tend to: 1) A DMV hearing and a 2) criminal court case. The DMV and Court processes are independent of each another. The DMV controls whether your driving privilege will be revoked. The criminal court proceedings deals with DUI punishment and may include jail, fines, DUI classes, license suspension, probation, installation of an ignition interlock or a combination of these things.

Criminal Court Aspect: As in all other criminal cases, the first appearance is called an “arraignment.” This is where you are told about the charges and punishment you face.

After the arraignment, there will be multiple settlement conferences where your DUI defense attorney, and the District Attorney will talk about case settlement. During this time we will be negotiating for a dismissal or reduced charges. We will thoroughly investigate your case by researching and filing all applicable pre-trial motions. We will explore all possible defenses: you did not “drive” a vehicle as required in CA, or you drank after your drove. Other defenses include a rising blood alcohol level which means at the time you were pulled over your body had not fully absorbed the alcohol, and it was not actually absorbed until hours later when you took the chemical test. We will be prepared to attack all of the procedures followed by law enforcement and the lab technicians who draw your blood. DUI defense Attorney Ibraham Dbouk will gather mitigation from you, including character letters, rehab treatment, proof of employment or schooling, or volunteer work.

If we can’t get the resolution you want, you have the right to a trial by jury. DUI defense Attorney Ibraham Dbouk has successfully represented many clients at trial who were charged with DUI related offenses.

DMV Aspect: To get a DMV hearing you must call DMV to request a hearing, it is not automatically set for you. If you do not request a hearing within 10 days your license will automatically be suspended 30 days after your arrest. The number to call to set your DMV hearing is on your Temporary License/Notice of Suspension that the arresting officer gives to you. At the hearing, the driver is informed of the legal grounds for the action, can review and challenge the evidence, and can present evidence including witnesses and testimony to persuade the DMV to not suspend their license. If you lose or fail to request the DMV hearing, a four month to one year suspension can occur. DUI Attorney Ibraham Dbouk has plenty of experience with DMV hearings and knows what issues to look out for. We will handle this DMV hearing for you for no additional cost.

Award Winning Legal Representation with a Proven Record of Success

Whenever you are arrested or charged with a crime, it is important to have an attorney sit down with you as soon as possible. Ibraham Dbouk has extensive experience helping defendants from serving an unnecessary length of jail time, immense fines, and an unjust verdict. Contact the Dbouk Law Office today for a free case evaluation!

Attorney-Client Privilege

It is always best to be honest with your attorney from the very beginning. There is a privilege between an attorney and their client which prohibits the attorney from revealing a clients’ communication to anybody else. This privilege is there to encourage trust and openness between the attorney and the client. This will help the attorney better represent the client. It is important that your attorney knows the good, bad and ugly about what happened so they can adequately defend you. Remember, your attorney is there to defend you to the best of their ability regardless of what happened.

What happens on your first DUI court date in California?

The first court appearance is the arraignment. The arraignment is where you may enter a plea to the court in response to your criminal DUI charge. In most counties, it is customary to plead “not guilty” at arraignment. In Sacramento County, a plea is usually not entered at arraignment in most cases. The court will also read the full charges against you, of which your lawyer will typically ask to waive this in order to save time. You will also be read your rights, and in some cases the arraignment will also determine bail amount, or if the court will require you to complete alcohol related classes or wear a SCRAM device while out on bail.

How can I prevent my license from getting suspended after a DUI?

A drunk driving arrest results in a criminal case to determine whether the driver has committed a crime, and a mandatory California DMV administrative hearing to determine whether your driving privilege should be revoked. Suspension of a license is the only penalty a DMV hearing officer can decide. Avoiding a license suspension in a DUI is only possible if you win both the DMV hearing, and also avoid a court conviction. With the DMV, that means that you must contact the DMV and request a hearing within 10 days of your DUI arrest.

How do I get my first DUI dismissed in California?

There are certain circumstances in which you might have legal grounds to argue that you should not be facing a DUI charge at all. California law allows you to file a “motion to set aside” or “motion to dismiss” with the court. While dismissals are not common, they do occur in cases where there is a lack of well-documented evidence. Some of the reasons for DUI dismissal include: Providing evidence to suggest that the stop of the person or vehicle was unreasonable; proving that the field sobriety test was inaccurate or invalid (including breath test procedure was false, suppressed, or violated); when the suspect was not given the opportunity to contact a lawyer during the DUI investigation; or in cases where there was no evidence that the suspect was driving or in actual physical control of the vehicle.

How long does it take for DUI to clear off record in California?

DUIs remain on your driving record with the Department of Motor Vehicles (DMV) for ten years, which is viewable by the DMV, law enforcement, and in background checks during that time.

What are the punishments for a first time DUI?

Criminal penalties for a first-time DUI vary by California county. For a first-offense DUI, a conviction will generally include three years of informal probation; a first offender alcohol program that consists of a 30-hour class; a 6-month driver’s license suspension (but it may be possible to get a restricted license or an ignition interlock device restricted license); plus penalty assessments and fees that can cost up to $3,600.

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During the free consultation Ibraham Dbouk will review the facts of your case, he’ll discuss strategies,
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