DUI/DWI charges have the potential to be a major burden on your life. Often, it’s your first offense, and you have no experience with the criminal justice system. Additionally, DUI and DWI cases are difficult to defend and can carry steep penalties, including thousands of dollars in fines, a loss of driving privileges, and in many cases a mandatory minimum jail sentence.

The Liu Law Firm has had great success in having charges reduced or dropped and in preserving your license, allowing you to continue to work and drive legally while your case is pending. Mr. Liu also has much experience with personal injuries resulting from DUI cases. In such cases, there are no fees unless you win.

We offer affordable rates, will work with you on price and payment, and have possible discounts available for students. Contact us today for a free consultation.

About Your Case

Your DUI case consists of two stages. First, there is an administrative hearing with the DMV to determine whether your license will be taken away. The second stage is the criminal proceedings, which can result in massive fines, jail time, alcohol education classes, ignition interlock devices being installed in your car (at your expense), impounding of your vehicle, and finally, community service. Although the penalty will reflect the facts of the case, a strong defense will weaken the case and often result in a lesser charge or sentence.

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Stage 1: The DMV

After you are arrested, you must request a DMV hearing within 10 days of the arrest. The hearing is not automatic. The notice that all hearings must be requested within ten days is hidden in small print. If you don’t request a hearing, your license will automatically be suspended and you will not be able to legally drive to work, school, or anywhere else.

The DMV hearing is stacked against the defendant. At the time of the hearing, the DMV will have all of the evidence against you. The hearing is presided over by a hearing officer, essentially just another employee of the DMV. In order to suspend your license, the DMV must show that it is more likely than not that you were driving under the influence. This is a much lesser standard than the criminal conviction standard of beyond a reasonable doubt.

The hearing is especially complicated and the DMV will not work with your needs. Do you have to drive to work to support your family? School? Children that have doctor’s appointments? If you don't present your case properly, the DMV can suspend your license for four months.

Because the DMV has a much lower burden of proof, and because much of life often depends on your having a driver’s license, it is especially important to have an attorney present. A skillful attorney can get the suspension reduced, obtain a work-restricted license, or even beat the suspension altogether.

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Stage 2: The Criminal Case

While you are fighting off a DMV suspension, you will also have to defend yourself in court. The basic penalties for a DUI include a fine of anywhere from $1500 to over $2000. In addition to the fine, there is a minimum jail sentence of 4 days up to a maximum of 6 months. Alcohol education classes will also be required. A suspension of your license may also be imposed. There is also a period of probation, usually lasting three years. These sentences can be enhanced for a variety of reasons, including prior DUIs, having a child under 14 in the car, speeding in excess of 20mph on surface streets (30 mph on highways), and refusing to submit to blood or breath tests. You may, however, skip the field sobriety tests. If you do, they will take you into custody but usually won’t get around to testing your blood or breath for at least a half hour. The speed enhancement increases the minimum jail sentence to sixty days. If you refused the blood or breath test, your license will be suspended for a year, with no possibility of a restricted license. Prior DUIs can increase the penalty or turn the misdemeanor DUI into a felony.

What can we do for you?

• Occasionally, we can get the case completely dismissed
• Often we can get the charges reduced to a Reckless Driving (alcohol related) which means no jail time, less fines, and less probation, or to a simple Reckless Driving charge
• We can guarantee that we will do everything we can to get you through this difficult time and will be available to answer any of your questions

Please, do not hesitate to contact us. If you have been arrested for a DUI, you must request a DMV hearing within 10 days of the arrest - do not delay! Call us now for a free consultation.

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