A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with driving under the influence (DUI) or driving while intoxicated (DWI) as criminals, even before they have been convicted of any crime.

Being arrested for driving under the influence (DUI) or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in California carries with it heavy penalties, including:

  • A permanent criminal record
  • Suspension or loss of license
  • Increased insurance rates
  • Community service
  • Possible jail or prison time
  • Alcohol assessment and treatment
  • Probation
  • Vehicle immobilization or forfeiture
  • Serious fines
  • Possible job loss

While serving as an Orange County Deputy District Attorney, Danielle Augustin was name OUTSTANDING PROSECUTOR OF THE YEAR by MADD in 2000. Ms. Augustin has provided training to numerous police departments in Orange Country in regards to Driving Under the Influence and Domestic Violence cases. Over the years, she has worked on nearly 1,000 DUI cases, handling everything from the initial arrest and arraignment, to suppression and dismissal motions, pretrials, and jury trials. DUI-DWI cases have many defenses that only an experienced criminal attorney understands. Merely being arrested is not conclusive proof you are in fact guilty. Your driving pattern, objective symptoms, field sobriety tests and chemical tests to determine your blood alcohol content are just a few areas that must be evaluated when determining if you were under the influence of alcohol or driving with a blood alcohol level .08% or higher. Don't simply plead guilty to a DUI without seeing what an experienced attorney like Danielle Augustin can do for you. Call 866-781-7723.

In almost every DUI-DWI case, a driver has two cases to contend with. The DUI-DWI arrest results in criminal charges, but what most drivers do not realize is that an arrest also initiates a civil proceeding against the arrested motorist's driving privileges, commonly referred to as a California Department of Motor Vehicles (DMV) license suspension. A DMV license suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose an ALR suspension against a driver lies in the California implied consent statute. This law states that each person who operates a motor vehicle on California roadways has impliedly consented to provide a specimen of breath or blood if arrested for DUI-DWI and provided with the applicable consequences of refusing to submit to testing. Issues involved in a DMV license suspension hearing include the following:

  • Whether the law enforcement officer had reasonable suspicion to stop the driver
  • Whether the officer had probable cause to arrest the motorist for drunk driving
  • Whether the officer complied with California implied consent law in terms of offering an opportunity to provide a specimen of blood or breath
  • Whether the driver refused to provide a specimen of blood or breath or failed a breath or blood test by registering al alcohol concentration of .08 or greater.

A DMV license suspension is automatic unless you request a hearing to challenge the suspension within ten (10) days after receiving notice of suspension from the arresting agency, which is generally received on the day of arrest. If a hearing is not timely requested, the suspension will automatically begin thirty (30) days) day after notice was received. If a hearing is requested, the suspension of your driving privileges is typically stayed, meaning that you can drive as no suspension will be imposed until after the hearing has taken place, even if the hearing takes place more than thirty days after the arrest. Ms. Augustin will fight to save your license at the DMV hearing. She can assure you that your driving privileges, your liberty and welfare are best placed with her when legal problems present themselves. If you have been charged with any type of driving violation-from the least serious to the most serious-you need expert representation.