• The DMV WILL WORK to suspend your license.
• The District Attorney will begin a case to prosecute you for criminal charges in county criminal court.

The good news is that our office successfully defends clients in both proceedings. Even though both the DMV and Court proceedings arise from the same DUI arrest, each proceeding is independent from the other and each is handled differently. We understand what it takes to defend against the DMV and the Court. The best advantage you can provide to your defense team is TIME. Contact us immediately for an overview of your rights and responsibilities.

• The peace officer who arrested you was obligated to take your license and notify the DMV of your arrest. The DMV is in the process of suspending your license as you read this sentence.You hold a pink 30 day temporary license which will expire and then your driving privilege will be suspended if you do nothing.

The good news is that our office can contact the DMV on your behalf and request a hearing and a temporary license while we defend you at the DMV and in Court. The window of time to contact the DMV to request a hearing is SMALL

You only have 10 days from the date of arrest. Call us now so we can contact the DMV immediately and begin your defense.

• Once the DMV is made aware of your arrest, they start paperwork to suspend your license and do not automatically provide a hearing for you to defend your driving privilege.

The good news is that our team can contact the DMV on your behalf and schedule an administrative hearing for you to defend your driving privilege. You will receive another temporary license in the mail from the DMV before the Pink temporary license expires.   You will be able to continue to drive normally until the DMV hearing process has been completed and the DMV issues their ruling—the Findings and Decision.

• The DMV can impose different consequences for all different types of cases. Some drivers are eligible for temporary licenses after varying levels of time while others not at all.

The good news is we can provide a detailed explanation of what to expect at the DMV hearing based on your specific situation. We have also successfully defended against all types of cases. Contact our team now and we can explain how we can defend you.

• If caught driving with a blood alcohol concentration of 0.01% or more while under the age of 21, penalties can be more severe.

The good news is our team can successfully defend drivers that are

under age 21 in Court and at the DMV. To learn more about how we can assist drivers in this situation contact us immediately, time is crucial as you only have 10 days from the arrest to preserve your DMV hearing rights.

• If you refused a chemical test after you were arrested, both the Court and the DMV will work to impose more severe consequences on you.

The good news is that we can defend you in a chemical test refusal case both in Court and at the DMV.   Our expertise and understanding of these unique type of cases allows for us to provide you with a high level defense.

• Typically, after being arrested you were released on your own recognizance (OR) after spending a few hours in jail. In addition, you were given a Notice to Appear that you signed promising to appear in Court on the date indicated. This is referred to as a “cite and release,” which is how most DUI cases are handled. The Court date is your Arraignment hearing which is your first Court Appearance.

The good news is you still have time for a professional DUI Defense team to prepare a successful defense and appear in court for you.   In most cases you will not have to appear. Contact us immediately and we can let you know what to expect in your upcoming court case.

• If you plead GUILTY at the Arraignment hearing you will be convicted of the crime of DUI and punished at that time. This is usually not a smart thing to do as you have not seen any of the evidence at this point.

The good news is we can appear in Court for you, enter a NOT GUILTY plea on your behalf (YOU MAY NOT HAVE TO BE PRESENT AT THE ARRAIGNMENT), and then investigate the facts of your case and analyze all of the evidence that the District Attorney has against you. We will analyze the arrest report,  chemical test results, and any audio/video recordings that exist, as well as        other evidence. What most people don’t realize is that it is NOT illegal to drink alcohol and drive a car!   It is only illegal if you are driving while under the influence of alcohol and/or drugs, or it is illegal to drive with a BAC of 0.08% or more.   The District Attorney must prove the case against you with reliable evidence beyond a reasonable doubt. We are experts in DUI defense and can start working on your defense now.

• Occasionally the District Attorney’s office does not file a complaint listing the charges against you by the date indicated on the Notice to Appear that was given to you at the time of your arrest. This is not uncommon and usually happens because the District Attorney’s office is behind in its work.  In a misdemeanor case, they have one year from the date of arrest to file the complaint listing the charges against you. In a felony case, three years.

The good news is our office will track the progress of our client’s case by monitoring the Court’s records to see when the complaint is filed by the District Attorney. In addition, if the District Attorney has not filed a complaint by the scheduled arraignment date, we will have the Court Clerk date stamp the ‘Notice to Appear’ as evidence that we appeared on or client’s behalf thus satisfying the promise to appear.

My office will advise our clients if no complaint has been filed when we appeared at the Arraignment. We will also calendar any new Court dates and advise our client once a complaint has been filed.

• There are some circumstances that your appearance in court may be required such as: having prior DUI convictions, having an auto accident with injuries, or if the prosecutor is asking that bail be set due to the facts of your case. If your case has charges that are felonies, your appearance in court is required.

One of the benefits of having private counsel is that we can make the court appearances on your behalf. In many cases the Court Clerk handles the pre-trial appearances. So the judge never deals with the case. You will not be looked at by the court or prosecutor any differently if you do not appear. Nor will it affect the outcome of your case.

It depends on the case.  Occasionally, because of prior DUI convictions or a high blood alcohol concentration allegation, the judge, at the arraignment, will require you to attend a certain number of AA (Alcoholic Anonymous) or NA (Narcotics Anonymous) meetings each week as a condition of your release while your case is ongoing.  If the judge requires AA or NA attendance, you will be required to provide proof of attendance of those meetings to the court at each court appearance usually through your attorney.

Keep in mind that even if the Court does not require that you attend AA/NA meetings, you are free to attend them voluntarily.  The Prosecutor may take into consideration your voluntary AA/NA attendance when your attorney is negotiating a resolution to your case.

No. Failure to read someone their rights does not require dismissal of the case. Miranda warnings inform a person of their right to remain silent, their right to an attorney, and their right to have an attorney appointed if they cannot afford one. Miranda warnings are generally not required unless the police question a suspect while the suspect is in custody, meaning they are under arrest.   Even then, the only “penalty” for failing to read Miranda rights to a suspect is that the statement made by the suspect might not be allowed in a trial.

In a typical DUI investigation, the officer asks the driver questions before they are arrested so Miranda generally does not apply.  Once the driver has been arrested, then Miranda would apply and any statements made as a result of being questioned by the officer may be excluded from trial if the officer failed to give Miranda warnings.

Although word of mouth is usually a good indicator, it’s not perfect. Reputation in the community is earned. Unpaid reviews of an attorney’s results are invaluable.  Be sure to look for an attorney who defends DUI cases exclusively.  Google the attorneys name to see what you find.  Do they practice other areas of law as well?  Family law? Bankruptcy? Personal Injury? Some attorneys handle whatever case walks in the door; unfortunately they are not experts in any particular kind of case.

How many DUI trials has the attorney won?  How many DUI trials has the attorney even done? There are many “DUI defense lawyers” on AVVO that have never taken a DUI case to Trial.   They simply help their clients plead guilty.

The bottom line is make sure the attorney you hire is an expert in DUI defense.  DUI cases are very complex to defend and require specialized knowledge in DUI investigation, field sobriety testing, how the human body processes alcohol and drugs, as well as expertise on breath and blood testing for alcohol, and blood and urine testing for drugs.

Keep in mind that even if an attorney works in criminal defense, he or she is not necessarily qualified to handle a DUI defense case.  There is a difference between helping a client get convicted of DUI by helping them fill out court plea forms and actually defending a client against DUI charges.  Without an expert DUI defense attorney defending you, you will likely not be able to get the best possible result in your DUI case.

Without a doubt, YES, and the sooner the better.  And don’t just hire any attorney, be sure you hire a lawyer that is an expert in defending DUI cases. Some evidence, by its very nature, is most valuable and obtainable for a short time.  Delay may prevent the development of some evidence. DUI cases are very complex, involving a great amount of law and science. In addition, failure to quickly request a DMV hearing can also negatively affect your defense.  It is critical that you obtain expert legal counsel quickly.  Conviction for DUI can lead to severe and far-reaching consequences.

Your case will go to trial only if you decide that you want to exercise your right to a jury trial.  The goal is always to resolve any case without having to go to trial, but there are circumstances where you may want to go to trial and have a jury decide your case.   A good defense attorney will discuss all options and ramifications with you before you make this very important decision.

In most misdemeanor cases, you will be allowed to remain out of custody on your own recognizance pending the outcome of your case.  This means that you won’t have to post bail and your promise to appear in court will be all that the Court requires from you.

There are some instances where the judge will give you conditions to remain out of custody and on your own recognizance and not have to post bail.

Typically, a judge could require that you post bail if you have two or more prior DUI convictions or it is alleged that you had a very high blood alcohol concentration, or it is alleged that you violated probation on another case.  In lieu of posting bail a judge could require you to attend AA/NA meetings (as discussed above), or some sort of alcohol counseling.  You are wise to accept these terms in order to avoid posting bail.

If your case is a felony, you likely would have to post bail before being released from jail after you were arrested.

If you were released from jail without posting bail, but the District Attorney files felony charges against you in Court, the judge may require you to post bail at the Arraignment or be taken back into custody.

A good defense attorney may be able to provide alternatives to bail so that the Court allows you to remain free pending the outcome of your case.  These alternatives may involve AA meetings, in-patient or out-patient rehabilitation, or other type of monitoring.  Each case is different, and a good defense attorney will explore all options for you.

In general, DUI is an acronym for “driving under the influence.”  A person is under the influence if, as a result of drinking alcoholic or taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

It is important to note that there is no specific blood alcohol or drug level related to a DUI charge because the crime of DUI focuses on the effect that the alcohol or drug has on the driver, i.e. being impaired to the point that the driver cannot drive safely.

The ‘’per se” charge makes it illegal for a person to drive when having blood alcohol concentration of .08% or more. Thus a driver can legally drive while having a level that is less than .08 % so long as they are not “under the influence” of the alcohol.

A DUI charge can affect a commercial driver in two ways.  First, while driving a non-commercial vehicle, if a commercial driver is convicted of DUI because they were “under the influence” of alcohol or a drug, or they drove a car while having a blood alcohol concentration of .08% or more , the DMV will suspend the commercial driver license for 1 year on a first offense.

Second, while driving a commercial vehicle, if the commercial driver is convicted of having a blood alcohol concentration of .04% or more, or “being under the influence” of alcohol or a drug, the DMV will suspend the commercial driver license for 1 year on a first offense.

It should be noted that on a second conviction, the suspension of the commercial license is for life.

No.  Although you have a right to attend all court hearings, most court appearances are informal so there is no need for you to be in court.  In many cases the Court Clerk handles the Pre-trial hearing appearances, so the judge never deals with the case.   The judge or prosecutor will not look at you differently if you do not appear.  Nor will it affect the outcome of your case.

There are some circumstances that your appearance in court may be required such as: having prior DUI convictions, having an auto accident with injuries, or if the prosecutor is asking that bail be set due to the facts of your case.  If your case has charges that are felonies, your appearance in court is required. 

Pre-Trial hearings are intervening hearings before an actual Trial.   There may be several Pre-Trial hearings usually 6 to 8 weeks apart.  The purpose of Pre-Trial hearings is to give the defense attorney the opportunity to gather all of the evidence related to your case so we can analyze the strengths and weaknesses of the criminal case against you.  In addition Pre-Trial hearings provide the defense attorney the opportunity to negotiate a resolution of your case with the District Attorney and avoid having to go to trial.

If the charges against you are misdemeanors, you can have an attorney appear for you without you being present.  In some cases the judge can require you to appear in court even though the charges are misdemeanors and you have an attorney.

If the charges against you are felonies, you MUST appear in court at all court hearings.

An Arraignment is your first Court appearance.  Your Arraignment date is normally written at the bottom Notice to Appear that you signed promising to appear in Court on the date indicated.   If you fail to appear on that date, the Court will issue a warrant for your arrest for violating your promise to appear.

At the Arraignment hearing you are formally informed by the Court of your constitutional rights and the charges filed against you by the District Attorney.  The court will also ask you how do you plea?  If you plead GUILTY or NO CONTEST at the Arraignment hearing you will be convicted of the charged crimes and sentenced at that time.  This is usually not a smart thing to do as you have not seen any of the evidence against you or had the opportunity to contest the evidence; at this point the only thing you know is what you are being accused of.

If you enter a NOT GUILTY plea, the court will accept your plea and set a Pre-Trial hearing date about 6-8 weeks into the future.  If you do not have an attorney, the court will also likely set a Trial date.

If the DMV rules against you, it will impose a four-month driver’s license suspension on a first offense DUI. A two year suspension will be imposed on a second DUI and a three year suspension for a third DUI offense within ten years.

On a first time DUI suspension, you are eligible for a restricted license after the first 30 days of the four month suspension has passed.  To get the restricted license, you must enroll in the first offender alcohol program (AB541), file an SR-22 (proof of insurance) with the DMV, and pay the license re-issue fee.  The license will then be restricted for 5 months thereafter.

In the alternative, you may sit out the entire four month suspension, and get your unrestricted license back when the four month suspension is completed. However, you still must file the SR-22 with the DMV, and pay the re-issue fee.

On a second and third DUI, you are eligible for a restricted license after 1 year of suspension and are enrolled in the multiple offender (SB38) alcohol class and file the SR22, however other DMV rules may apply that may allow you to get a license sooner if you agree to install an ignition interlock on your car.  The license will then be restricted for the remainder of the suspension period.

If there is a refusal allegation, meaning that you refused to take a chemical test AFTER you were arrested, the DMV will attempt to suspend your driving privilege for a minimum of one year on a first offense and two years on a second offense (or if you have had a prior DUI suspension).  There is no restricted license opportunity on a refusal.

As discussed above, you are entitled to a DMV APS hearing on the refusal allegation to determine if you willfully refused to take a chemical test after you were arrested.

If you were under 21, there is ZERO tolerance; if the underage driver is found to have a blood alcohol concentration of .01% or more, the DMV will try to suspend the driver license for one year or more.  The issues at this DMV Administrative Per Se hearing are as follows:

• Were you driving?
• Were you lawfully arrested?
• Was your Blood Alcohol Concentration .01% or higher at the time of driving?

These hearings follow the same procedures as discussed above. If the DMV finds against you, there will be a 1 year license suspension.  If you had a previous DMV alcohol related suspension, the suspension could be longer.  Remember the DMV APS hearing is separate and independent of the court case.

The purpose of the DMV Administrative Per Se (APS) hearing is to determine if a driver license suspension is justified as a result of the arrest.

In a typical alcohol DUI case, the DMV hearing officer must decide three issues:

• Were you driving?
• Were you lawfully arrested?
• Was your Blood Alcohol Concentration .08% or higher at the time of driving?

To suspend your driving privilege, the DMV must prove that all three of these issues are true with evidence that is admissible by a “preponderance” of the evidence, which means “more likely than not.”

In order to win this hearing your defense must show that one or more of the above issues are not true.  The Law Office of Manuel J. Barba does this by gathering all of the evidence related to the DUI investigation and chemical test results (this is the evidence that the DMV will use to try to suspend your license); analyze all of the evidence to determine its strengths and weaknesses; contest the DMV’s evidence at the hearing; and present affirmative evidence where applicable.

DMV APS hearings are somewhat informal; however they must follow legal evidentiary rules.  Remember the DMV APS hearing is separate and independent of the court case.

After receiving the “Pink” Administrative Per Se Suspension/Revocation Order and Temporary License, you have 10 days to request an Administrative Per Se (APS) hearing from the DMV to contest the driver license suspension.  If you fail to request the hearing within the 10 day period, you will waive your right to a hearing and the driver license suspension will go into effect automatically at the end of 30 days when the temporary license expires.  The length of the suspension depends on whether you have prior alcohol related suspensions.

Once the APS hearing has been requested, the DMV will stop all action against your driving privilege.  No action against your driving privilege will occur until the APS hearing is completed and the DMV rules on your case.

You will receive another temporary license in the mail from the DMV before the Pink temporary license expires.   You will be able to continue to drive normally until the DMV Administrative Per Se (APS) hearing process has been completed and the DMV issues their ruling, the DMV Findings and Decision.

When you were arrested for an alcohol DUI, you should have been given a pink DMV document called the Administrative Per Se Suspension/Revocation Order and Temporary License.  This is a 30 day temporary license that you must carry with you when you drive.  It is not a restricted license. It is a temporary license given to you because, if you possessed a California driver license, the officer took your driver license when you were arrested. With this temporary license, you may drive without any restrictions.  It is also a notice to you that your license will be suspended in 30 days and that you have 10 days to preserve your DMV hearing rights to contest the suspension.

Any criminal charge can be dismissed. Prosecutors have the powerful and critical role to decide what is dismissed and what goes to trial. How they decide which case is dismissed depends upon many factors, including the strength or weakness of the evidence, the availability of witnesses, the relative credibility of witnesses, the circumstances at the time of the arrest, the defendant’s criminal record or lack thereof, and the expertise of the defense attorney.

Winning a DUI charge begins by having the courage to contest it. The best DUI defense attorneys in Riverside and San Bernardino Counties begin with a confident attitude, even when a case seems bleak.

Successfully defending against a DUI charge requires specialized knowledge and multiple skills. Understanding how DUI investigations are supposed to be handled is critical.  Understanding field sobriety tests and how to contest them is essential.  Knowing the science and procedures involved with breath testing and blood sample analysis is imperative.  The ability to persuade jurors is a must.  So yes, you can win a DUI charge with the help of an expert DUI defense lawyer.