Driving under the influence
California DUI laws are some of the most complex and difficult cases on the books. Arrests occur unexpectedly, and the driver is rarely prepared for the complex legal issues that follow. Drunk driving arrests require immediate attention. To properly defend these aggressive prosecutions, you need an experienced attorney on your case from the beginning.
Unfortunately, DUI arrests happen to people from all walks of life. After one or two drinks you can be arrested. For many people it is their first experience with the criminal justice system, and it can be terrifying. Most DUI cases are charged as misdemeanor offenses. If your case is charged as a misdemeanor, then Attorney Mark Anthony Raimondo can appear in court on your behalf without you having to go to court. This can save you the time and embarrassment of several court appearances.
Questions an experienced DUI defense should examine
Often people arrested for DUI mistakenly believe they will automatically be convicted. They may think it is pointless to defend their case. Nothing could be further from the truth. There are many challenges that a skilled attorney can employ that can exonerate you, or put you in a position for a favorable plea agreement.
- Did the police have a valid reason to stop you? If they did not have probable cause to pull you over, the case may be challenged.
- Did they have reasonable suspicion to conduct an inquiry into intoxication?
- Did they conduct proper field sobriety tests?
- Were the field sobriety tests fair and established tests?
- Did the police violate your right to be free from unlawful search and seizure?
- Did the police have probable cause to demand a blood, breath, or urine test?
- Was the testing equipment properly calibrated?
- Did the police follow established protocols in taking a blood, breath, or urine sample?
- Were you over the legal limit at the time of driving? For some people, alcohol levels increase over time, which may become an issue in the defense.
The DMV and criminal court
Most people are unaware that a DUI arrest triggers two separate, time-sensitive legal challenges. Not only do you have to appear in criminal court, you must also request a hearing at the DMV within the applicable deadline after your arrest. The most pressing issues are typically finding an experienced California DUI lawyer and requesting a DMV hearing to challenge an automatic suspension of your driver’s license.
DUI matters handled
The legal team at the Law Office of Mark Anthony Raimondo can assist clients facing many types of driving-under-the-influence offenses:
- First-time DUI
- Second and third DUI charges
- Underage DUI
- DUI with an underage passenger
- Drug-related DUI
- Felony DUI
- DUI with injury or an accident
- DUI manslaughter
- Vehicular homicide
- Commercial driver’s license DUI
- Watson DUI second-degree murder
Misdemeanor and felony DUI
DUI arrests are charged in one of two ways—as misdemeanors or felonies. How a DUI arrest is charged depends on the facts of the case, including whether there were prior convictions, an accident with injuries or death, or an allegation that the driver left the scene of an accident.
First-, second-, and third-time drunk-driving charges are often charged as misdemeanors. Aggravating circumstances, including a hit-and-run allegation or an accident with injury, may lead prosecutors to file felony charges. Regardless of the circumstances, a felony drunk-driving charge is a serious allegation that carries harsh penalties.
Manslaughter allegations
DUI incidents that result in death are among the most serious allegations and can result in felony charges. Depending on the circumstances, a driver accused of causing a death may face felony manslaughter, vehicular homicide, or second-degree murder charges.
The prosecution may argue that a person who drinks and drives knows the behavior is dangerous and could lead to death. Prior DUI convictions may become central to that argument.
Vehicular homicide
Vehicular homicide can be charged as a misdemeanor or a felony. In many cases it is charged as a felony. A vehicular-homicide charge may be pursued when the prosecutor alleges that the driver acted with negligence; intent to kill is not necessarily required.
Watson second-degree murder
California prosecutors may pursue what is commonly called a Watson murder charge when a person with a prior DUI conviction is accused of driving under the influence again and causing a death. The theory is that the driver had already been placed on notice that drinking and driving is dangerous to human life.
A second-degree murder conviction can carry a term of 15 years to life. These cases require immediate, experienced trial preparation.
Client experiences from the archived DUI page
“I felt like Mr. Raimondo really cared about getting the best outcome for my DUI. I had a lot of questions and Mark carefully listened to each of them and did not make me feel like I was wasting his time.”Anonymous DUI client
“Mark did a great job defending me in my case. Very knowledgeable, professional, and fair with pricing. He helped me tremendously.”Sam — DUI client
“Our experience with Mark Raimondo and his staff was very pleasant. Mark and Jennifer went out of their way to make sure we were comfortable with every decision.”David Richardson — DUI client
Review the firm’s searchable results database.
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Early intervention and vigorous preparation are crucial.
The Law Offices of Mark Anthony Raimondo are available 24/7 at 661-827-8000.