Just Because You Were Arrested Does Not Mean You Are Guilty! In order to convict a person of DUI-DWI, the prosecution must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of alcohol, drugs, or both; or, that the accused drove a vehicle with .08 percent or more, by weight, of alcohol in the blood.
The Law Offices of LYTEL & LYTEL, LLP is nationally recognized as a leader in DUI-DWI and criminal defense. Lawyers have been recognized with the highest reputation in the profession with the coveted A-V Rating (highest preeminent) from the Martindale-Hubbell®, Super Lawyers®, Highest Avvo 10 Superb rating, AvvoClients Choice Award and Nation's Top 1% Attorneys. Our highly experienced Central Coast DUI-DWI attorneys and staff are prepared to guide you through this ordeal.
We knows the System!Managing Law Partner Roger Lytel is a former Santa Barbara Police Officer and Investigator which enables him to spot the DUI-DWI arrest mistakes that could result in a reduction or dismissal of your case. In the brief time since your arrest, the Santa Barbara District Attorney's office has had sufficient opportunity to prepare a case against you. With their attorneys paid to work against you, your best defense is to have an expert on your side! LYTEL & LYTEL, LLP brings over 30 years of experience, 1000's of DUI defense successes, local legal system knowledge and creative legal tactics for the strongest, most compelling DUI defense against the DA's allegations.
As aggressive and experienced attorneys, we can provide expert witnesses to challenge a prosecutor's case, file Motions to Suppress, contest illegal searches and seizures, file Motions to Strike prior convictions, negotiate alternatives to jail and obtain reduced sentence modifications.
First, A high Blood Alcohol Content (BAC) can be challenged in court. Even if your BAC was greater than the legal limit at the time of the chemical test, our lawyers can consult with forensic alcohol experts to determine if it actually was over 0.08 (the legal limit) at the time you were driving a car. We can determine if the police lawfully detained and arrested you, if the field sobriety tests were administered correctly, if the officer administered the blood, breath or urine test in accordance with Title 17 of the California Code of Regulations, and if the law enforcement agency can prove that their testing device was functioning properly during your test. We can also identify and exploit mistakes made in procedures by the officers at the time of the DUI/DWI arrest. For example, we can leverage an invalid traffic stop (or why you were pulled over) or exploit an invalid search of your vehicle. Moreover, as seasoned DUI defense attorneys we know how to discredit the officer's 15-minute observation period before your breath test or, in certain circumstances, we can argue your BAC was on the rise (but you were sober at the time).
PROTECT YOU DRIVERS LICENSE: One of the worst parts of a DUI-DWI arrest is the potential to lose your driver's license. If you are convicted, your license will be suspended for at least six months — more if you have been convicted more than once within 10 years.
Remember, you have only ten calendar days from the date of your arrest to stay the suspension of your driver's license. You should make every effort to determine if these charges could be dismissed or if you could obtain a reduction of the original offense which can possibly save you a substantial amount of money and your driver's license. Take advantage of our free 30-miniute initial case consultations, 805-963-8100.
You will automatically lose your license if a DMV Hearing is not set within ten (10) days of your arrest date. Call LYTEL & LYTEL, LLP immediately to obtain a copy of your police report and to prepare a case to defend your rights.
Defending your license in California effectively requires aggressive representation from a proactive San Diego DUI attorney. You must notify the DMV within 10 days of your arrest that you will contest the license suspension at a DMV administrative hearing (APS hearing).
LYTEL & LYTEL LLP's criminal defense lawyers will make court appearances so you will not have to be present. We will handle DMV hearings, appeals, discuss potential strategies and answer your questions including:
Is it possible to have these charges reduced or dismissed?
Can I obtain a restricted driver's license in lieu of receiving a suspended license?
What are the alternatives to serving actual jail time?
Can I arrange a payment plan for the fines?
What will happen on my court date?
What happens at a DMV Hearing?
What is the legal fee to have everything handled for me?
Most people charged with Driving Under the Influence ["DUI" - VC 23152 - (a) is driving ability impaired, and (b) is driving over the legal alcohol limit] have a variety of concerns regarding the legal penalties, fines, possible jail time, how to arrange for SWAP in lieu of serving time in jail, what usually occurs at DMV Hearings and how to save their driver's license or arrange for a permit to continue to drive to work and/or school. You may consider several types of defense strategies which could possibly save your driver's license and keep you out of jail.
It is important for you to understand that you are now subject to two separate complex systems; the Superior Court and the Department of Motor Vehicles. Each has its own unique rules and penalties.
DUI LAW can be found in California Vehicle Code sections 23152 and 23153.
A DUI-DWI case may be charged as a misdemeanor or as a felony. It may be charged as a felony where someone is injured ((meaning the punishment can be a term in state prison for a minimum of 16 months, usually when an accident is involved), or where the accused has three or more prior DUI convictions (or convictions that count as a prior DUI, such as a "wet reckless"). These convictions must have happened within seven years of the new charge to count against the accused as a prior conviction.
When someone is arrested for D.U.I., there are really two separate cases being prosecuted against the accused:
1. The DMV is a civil case, where the driver's license can be taken away; and 2. The criminal case with the Superior Court that can result in jail, fines, an ignition interlock device being installed in the car, alcohol education classes, community service, impounding the defendant's vehicle, or a combination of these things, depending upon the facts of the case.
When you are pulled over and the police officer suspects you of a DUI, there are certain things that the law requires you to do, and certain things that are voluntary. The only thing that the law requires you to do is submit to a chemical testing of your blood or breath at the station. Everything else, such as answering their questions, performing field sobriety tests, or blowing into the Preliminary Alcohol Screening test (PAS test), is voluntary!
Remember, there are two ways to be convicted of D.U.I.:
1. Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being a sloppy driver as the result of drinking or taking drugs); or
2. Driving a vehicle while having .08 or more, by weight, of alcohol in the blood. So, how do prosecutors convict people of driving while intoxicated? The evidence typically falls into one of three broad categories: Driving, Field Sobriety Tests and Chemical Tests. Moreover, DUIs do not have to be alcohol related - Driving under the influence of drugs, including prescription medications as well as illegal drugs. can also result in DUI charges. Fortunately, we have handled every type of DUI charge and know how to work up the right defense strategy based on your unique circumstances.
Let us fight for your rights! We will do everything in our power to preserve your clean record, maintain your driving privileges and restore your freedom! The stakes are high and you deserve the top ranked DUI lawyers in Central California. Call for a free consultation 805.963.8100
Attorneys are frequently in court but are available 24/7 via confidential smartphone texting to 805.259.6205 or mobile email info@LytelLaw.com
| Phone: 805.963.8100 | Email: Info@LytelLaw.com | Law Offices: San Luis Obispo County & Santa Barbara County |
Regions served with top DUI lawyer defense services: Santa Barbara, Santa Ynez Valley, Solvang, Los Olivos, Buellton, Lompoc, Santa Maria, Nipomo, Atascadero, Arroyo Grande, Pismo Beach, Grover Beach, Oceano, Avila Beach, Cayucos, Morro Bay and San Luis Obispo