Criminal Defense

My practice is focused on defending persons who have been charged with committing a crime, and I have extensive experience in DUI defense. I have handled just about every type of criminal case there is and I know the law, and I know the system and how to protect your legal rights. I've successfully defended the rights of my clients in cases that involved:

 

  • DUI/Drunk Driving
  • Hit and Run
  • Record Clearance/Expungements
  • Domestic Violence
  • Drug Crimes
  • White Collar Crimes
  • Sex Crimes
  • Theft and Fraud

DRUNK DRIVING / DUI / DEFENSE

The largest part of our law Practice is handling Drunk Driving or DUI cases. There is a wealth of information on this page about DUI cases.  If you have any questions please call our office and we will be happy to answer any questions you may have.

 

Whether the charge is a first time DUI or involves a more serious DUI case, The Thomatos Law Offices, is well versed in protecting and defending your rights.

 

After an arrest, it is vitally important that you get in contact with a DUI attorney as soon as you can. Anyone stopped with a blood alcohol content level BAC of .08% or more runs the risk of serious consequences should a conviction occur. DUI penalties can be quite severe, resulting in possible jail time, harsh fines, and license suspension.

 

Being arrested does not mean that you will be convicted and The Thomatos Law Offices can help fight against this possibility. We know the best ways to defend your legal rights and will diligently review your case to protect your future. We will look to challenge the evidence presented, by looking at the results of these tests, looking for any and all faults in the devices used, and analizing the legality of the stop itself, so that we can better build a defense for you. We recognize that while these tests can be difficult to combat, they are not impossible. We know the common faults with; breath, urine, and blood testing and are able to challenge the results.

 

While many will simply accept a guilty verdict and are convicted, this can lead to long term negative effects in your life, such as higher insurance rates, difficulty finding certain types of employment, and even in obtaining loans. Our experience, resources, and complete understanding of this often complex field, we are confident that we can offer you the level of legal assistance, support and guidance you need.

 

A major source of evidence in drunk driving cases comes from the field sobriety tests that are performed at the scene of the arrest. These are a preliminary form of testing to determine the level of intoxication. There are three forms that have been standardized by the NHTSA (National Highway Traffic Safety Administration) that, when used properly together, have a high accuracy rate. These include the OLS or One-Leg Stand, HGN or Horizontal Gaze Nystagmus, and the WAT or Walk-and-Turn. While commonly used, these tests are not flawless. The Thomatos Law Offices is fully aware of the flaws that may have led to your arrest and is prepared to challenge these results. For example, medical complications and even exhaustion can cause a sober person to appear intoxicated - even if they didn't have a sip of alcohol.

 

DMV hearings are different than court hearings. You have 10 days to request a DMV hearing. A competent DUI attorney can play a key role in your DMV hearing and help you avoid the loss of your driving privileges. At the hearing, the arresting officer will provide evidence and testimony to prove the validity of the charge. DMV hearings take place at your local DMV office and we will present your argument before an administrative judge and prove to him or her that you were unlawfully stopped or arrested; that you were never asked to submit to a blood test; that your arresting officer did not inform you of the consequences of refusing a blood test; or that your test results were less than 0.08%.

 

Whether you are facing a first offense or have been charged with multiple DUI offenses, The Thomatos Law Offices will fight for the best possible results for your case. We understand the serious DUI penalties that are involved if you are convicted, so we work extremely hard to defend you. In more complicated cases such as, DUI with injury, or of a third or subsequent offense within 10 years, you could face a felony DUI charge and possibly be sentenced to time in prison.

 

When building any DUI defense, we will take a comprehensive approach and look at every angle. We know the correct questions to ask and will be able to look for things such as whether you experienced a search and seizure violation or if you were pulled over without probable cause. We know your rights and will go above and beyond to ensure that these are protected to the full extent of the law. Contact our office to learn more about the solutions available to you.  

 

Have you been arrested for driving under the influence?

If you have been criminally charged with driving under the influence of drugs or alcohol, it is extremely important that you do not hesitate in acquiring an experienced lawyer who you can trust to protect your legal rights. At The Thomatos Law Offices, we have experienced defense attorneys who are prepared to go the extra mile and get you the comprehensive defense that you deserve.

 

When should I call?

You should call as soon as possible. Normally, in order to protect your rights, we need to make arrangements for hearings, sometimes as soon as ten days after your arrest in order to avoid license suspension. It is extremely important that we have enough time to do everything possible so that you get the best results.

 

Why hire a DUI attorney?

A DUI conviction can very seriously impact your life, especially if you have prior drunk driving related convictions on your record. As every case is different we highly recommend discussing your particular case with a licensed attorney who can offer you valuable insight into the matter. Discussing the matter with an attorney can also bring you much needed peace of mind by helping you make the right decisions about your case.

At The Thomatos Law Offices, our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With many years of combined experience, you can be confident that we have the background and resources to get your DUI charge dropped/reduced.

 

1ST DUI OFFENSE

Upto 6 months in county jail

Upto 6 month license suspension

Informal Probation for a period of 36 months to 60 months

Alcohol classes (First Offender DUI School AB-541) for 3, 6, or 9 months

AA Classes, MADD Program and/or HAM Program

Installation of an Ignition Interlock Device on Your Vehicle

Fines & Penalty Assessment Upto $1,400

 

Enhanced Penalties may also be assessed if:

Auto accident

Hit and Run

Children in car

Chemical test refusal

Speeding more than 30 mph over the posted speed limit

Alcohol enhancement for alcohol levels above .15 (Longer school)

Alcohol enhancement for alcohol levels above .20 (Longer jail time)

Driving on a suspended license

 

2ND DUI OFFENSE WITHIN 10 YEARS

  • Upto 1 year in county jail
  • Upto 2 year license suspension
  • Informal Probation for a period of 36 months to 60 months
  • Alcohol classes (Second Offender DUI SChool) for 18 months or 30 months
  • AA Classes, community service and/or HAM Program
  • Installation of an Ignition Interlock Device on Your Vehicle
  • Fines & Penalty Assessment Upto $2,000

 

Enhanced Penalties may also be assessed if:

Defendant is still on probation for the prior convictions

Auto Accident

Hit & Run

Children in car

Chemical test refusal

Alcohol levels exceeding .15% (Longer school)

Alcohol levels exceeding .20% (Longer jail time)

Speeding more than 30 mph over the posted speed limit

Driving on a suspended license

 

3RD DUI OFFENSE WITHIN 10 YEARS:

Mandatory minimum of 120 days in county jail to maximum 1 year in county jail

Upto 3 year license suspension

Alcohol classes (3rd Offender DUI SChool) for 18 months or 30 months

AA Classes, community service, alcohol treatment program and/or HAM Program

Installation of an Ignition Interlock Device on Your Vehicle

Fines & Penalty Assessment Upto $2,500

 

Enhanced Penalties may also be assessed if:

Defendant still on probation for prior convictions

Auto Accident

Hit & Run

Children in car

Chemical test refusal

Alcohol levels exceeding .20% (Longer jail time).

Driving on a suspended license

Speeding more than 30 mph over the posted speed limit

 

4TH DUI OFFENSE WITHIN 10 YEARS

Defendant most likely will be charged as a 4th Offense FELONY DUI

16 months, 2 years or 4 years in state prison

Defendent will be named as a "Habitual Traffic Offender" and driving privledges revoked for minium of 3 years

Alcohol classes (4th Offender DUI SChool) for 30 months

AA Classes, community service, alcohol treatment program and/or HAM Program

Fines & Penalty Assessment Upto $5,000

 

Enhanced Penalties may also be assessed if:

Defendant still on probation for prior convictions

Auto Accident

Hit & Run

Children in car

Chemical test refusal

Alcohol levels exceeding .20% (Longer jail time).

Driving on a suspended license

 

Defending a DUI charge is not easy. However, if represented with a knowledgeable attorney, the chances of having an opportunity to avoid these serious convictions are increased dramatically.

 

When faced with a DUI charge there are many different types of defenses an attorney may use, each based on the different circumstances of the arrest. If your Blood Alcohol Content (BAC) was tested, the equipment which measured your BAC could have been malfunctioning or defective. Also, if Field Sobriety Tests were employed then the attorney can argue that these tests, which are based solely on observation, are extremely subjective and thus not reliable. Attorneys well versed in DUIs may also use other arguments, such as lack of probable cause and unlawful arrests.

At The Thomatos Law Offices we provide comprehensive and aggressive defense against DUI charges. With many years of experience, you can be confident that we have the background and resources you need to get your DUI charge dropped/reduced.

 

Legal Obligations in a Hit and Run

Most motorists know that if they are involved in an accident, they have a legal obligation to stop and exchange driver's license, insurance and registration information with the other party. If someone was injured, you also have a duty to render reasonable assistance such as finding or arranging for transportation for the injured party to get medical treatment. Your failure to do so can result in a misdemeanor charge or even a felony.

 

If the property damage was at least $750 or someone was injured, you also have to submit an SR-22 form to the DMV, or have your insurance agent or attorney do it for you.

 

But what happens if you were driving while intoxicated or if someone was injured or killed? Under these circumstances, you face more than one serious charge, including:

Reckless driving

Assault with a dangerous weapon

Vehicular manslaughter

Gross vehicular manslaughter while intoxicated

Second degree murder

 

Driving home one night, you know you have had too much to drink but you are driving slowly and cautiously. Thinking about the events of the day, your attention wanders. Suddenly, a car is in front of you and you brake hard, but you rear-end it or hit it head-on. Panic overtakes you since you know you are too intoxicated to be driving, or perhaps you have a past DUI conviction and know what awaits you.

Without stopping to see if anyone is hurt and believing no one can identify your car, you take off and arrive home, relieved but hoping no one was hurt. Within the hour, though, police arrive at your home and you are arrested and charged with DUI and hit-and-run. Also, you are told the occupant of the other car suffered a serious injury.

A DUI and a hit-and-run just don't happen to criminals. Panic can impair your judgment as much as alcohol. If you have been arrested and face prison time, you need to find an experienced DUI attorney to get you through this turbulent time.

A hit-and-run is a "wobbler" offense in California, meaning it can be charged as either a misdemeanor or felony. This usually depends on whether someone was injured or killed and your criminal record.

 

Proof of Hit and Run

To prove you committed a hit and run offense, the prosecution must show the following:

  • You were involved in an accident
  • You knew or reasonably should have known about the accident and injury
  • You willfully failed to perform a legal obligation

You should know in most cases if you were in an accident but being "involved" can include an accident where the vehicles never made contact, such as weaving in a lane causing another car behind yours to swerve and crash into the median.

Further, if you exit your car and leave your injured passengers without attempting to find medical assistance, you can be charged with a hit-and-run.

Many motorists claim they did not know an accident had occurred. If your car sustained any damage or you were seen speeding away from the scene, it can be presumed that you were aware.

Leaving the scene without exchanging information or seeking medical assistance or transportation for an injured party while knowing that someone sustained an injury, no matter how minor, can also expose you to criminal liability.

 

Legal Defenses to Hit and Run

There are a number of available defenses to a hit-and-run charge:

You were not driving

If there were no eyewitnesses to identify you, then this defense may at least lead to a reduced charge. If you can show the car was stolen or someone else had access to your car, you might be able to have the charge dismissed.

Lack of Knowledge

There are instances where your driving conduct caused an accident of which you were unaware, especially if the accident occurred behind you or at night. Another case may be where the occupants of the other vehicle denied any injuries so you drove off without providing the required information. If this was the case, you may only be charged with a misdemeanor.

No Proof of Intoxication

If you fled the scene of an accident and were found hours later and charged with a DUI along with any other offenses, the prosecutor may have a difficult time proving you were under the influence at the time of the accident, even if you were intoxicated when arrested. So long as you did not admit that you had nothing to drink between the time of the accident and your arrest, it is just as likely that you became intoxicated while drinking at home or somewhere else.

 

Penalties for Hit and Run

If the hit and run is charged as a misdemeanor, you face the following possible penalties:

A fine of up to $1,000

Incarceration in a county jail for up to one year

For a felony hit and run, the following sentence is likely:

A fine between $1,000 and $10,000

Incarceration of 2, 3 or 4 years in state prison

Restitution to the victim

Should someone have been seriously injured, you may be charged with assault with a deadly weapon, vehicular manslaughter or second degree murder.

If you were under the influence of alcohol or a drug or had a blood alcohol content level of at least 0.08%, the prosecutor may charge you with either misdemeanor or felony DUI. A felony DUI under these circumstances could result in incarceration from 2 to 10 years, especially if there was a serious injury or fatality.

A hit and run is a serious charge and becomes more serious if you were found to be intoxicated at the time. Consult The Thomatos Law Offices if you face a hit and run or DUI charge.

 

In California if you have a blood alcohol content (BAC) of 0.08% or higher than it is against the law to operate a motor vehicle. Any person caught driving with a BAC above this percentage is considered legally impaired. The law becomes harsher with both underage motorists and commercial drivers. State law prohibits anyone under the age of 21 from driving with any amount of alcohol in their system (a BAC above 0.00%), while the law for commercial drivers prohibits anyone driving a commercial vehicle with a BAC of 0.04% or higher.

Our state also has an Implied Consent law, which is a legal provision that allows law enforcement officers to administer chemical tests such as blood, breath or urine tests to determine your BAC. If you are suspected of driving under the influence and you refuse to perform these tests, you can expect to be arrested for a DUI.

A conviction for DUI can have long lasting consequences, which include fines, license suspension and even jail sentencing. Assuming you are a first time DUI offender the court may impose a fine, a 4 month suspension and depending on the circumstances can also impose jail time, DUI school, community service and/or having a vehicle ignition interlock device installed in your vehicle.

At The Thomatos Law Offices DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your DUI charge dropped/reduced.

 

There are many urban myths regarding DUI related crimes which can lead to disastrous results and misunderstandings. Several of these common held beliefs about DUI include:

Myth: Eating will lower BAC content.

Fact: This is untrue. While eating can help with combating the effects of alcohol it does nothing to help with lowering your BAC level.

Myth: Sucking on pennies will lower a person's BAC reading. Fact: Sucking on pennies or other copper has absolutely no effect on alcohol breath tester BAC results. It is also standardized practice for law enforcement to remove everything from your mouth before administering the test.

Myth: Alcohol breath testers measure the concentration of alcohol (BAC) in a person's blood stream.

Fact: Alcohol breath testers don't actually measure BAC, which can only be done by analyzing a sample of blood. They attempt to measure alcohol in the breath in order to estimate the concentration of alcohol in the blood. This is the reason why not all states permit their use.

Myth: The use of breath fresheners can help lower BAC levels.

Fact: This is untrue. Most breath spray contains traces of alcohol and other active ingredients that may lead to a higher reading.

These are just a few of the myths surrounding DUI's. If you would like to know more about drunk driving then please contact The Thomatos Law Offices now. Do not wait to contact our offices for the sooner we are contacted, the sooner we can protect your legal rights.

 

The consequences for getting a DUI don't start at a courtroom but from the moment you are arrested. Once you have been charged with a DUI the Department of Motor Vehicles (DMV) will revoke your driving privileges by issuing a license suspension. For a first offense the license suspension may last for up to four months. If you do not challenge the suspension by requesting an ALR hearing within ten days after your arrest your suspension will remain in effect until your case is tried in criminal court.

Aside from the penalties imposed by the DMV, you will also face criminal punishment. A first time DUI conviction can cause up to $1,000 in fines, a six month jail sentence and/or community service, as well as probation time, and a minimum four month license suspension. You might also be required to complete an alcohol awareness program and maintain SR22 insurance which is an extremely expensive auto insurance policy designed for high risk drivers.

At The Thomatos Law Offices, our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your DUI charge dropped.

1ST DUI OFFENSE

Upto 6 months in county jail

Upto 6 month license suspension

Informal Probation for a period of 36 months to 60 months

Alcohol classes (First Offender DUI School AB-541) for 3, 6, or 9 months

AA Classes, MADD Program and/or HAM Program

Installation of an Ignition Interlock Device on Your Vehicle

Fines & Penalty Assessment Upto $1,400

 

Enhanced Penalties may also be assessed if:

Auto accident

Hit and Run

Children in car

Chemical test refusal

Speeding more than 30 mph over the posted speed limit

Alcohol enhancement for alcohol levels above .15 (Longer school)

Alcohol enhancement for alcohol levels above .20 (Longer jail time)

Driving on a suspended license

 

If you are found to be driving with a BAC of over 0.08% and you have a prior conviction of DUI the penalties you face are much harsher. The punishment for a second offense within 10 years will result in a 1-year license suspension, up to 1 year jail sentence, fines, probation and mandatory alcohol treatment. You will also be forced to obtain SR22 insurance for up to three years after your driving privileges are restored. Usually this type of insurance costs two to three times more than your current policy and can amount to a substantial sum.

It is also important to note that if you are a drunk driver and refused to take the chemical tests, you will face harsher punishments than if you took the test and failed. Individuals who refuse to take the chemical tests can face up to a 2-year license revocation for a second offense. You will also be ineligible for a restricted license (a license that permits you to drive to and from work or other court approved activity).

At The Thomatos Law Offices, our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your DUI charge dropped.

 

2ND DUI OFFENSE WITHIN 10 YEARS

Upto 1 year in county jail

Upto 2 year license suspension

Informal Probation for a period of 36 months to 60 months

Alcohol classes (Second Offender DUI SChool) for 18 months or 30 months

AA Classes, community service and/or HAM Program

Installation of an Ignition Interlock Device on Your Vehicle

Fines & Penalty Assessment Upto $2,000

 

Enhanced Penalties may also be assessed if:

Defendant is still on probation for the prior convictions

Auto Accident

Hit & Run

Children in car

Chemical test refusal

Alcohol levels exceeding .15% (Longer school)

Alcohol levels exceeding .20% (Longer jail time)

Speeding more than 30 mph over the posted speed limit

Driving on a suspended license

 

If you are arrested for a 3rd offense for a DUI, you will be classified as a habitual drunk driver, and penalties for a third conviction are far more devastating than previous convictions.

A third conviction can carry up to a two year license suspension, three months of minimum jail time, probation, fines, up to an 18 month court approved alcohol education program and forced to obtain SR22 insurance for three years after your driving privileges have been restored.

If you refuse to take the chemical tests you can face up to 3 year license revocation for a third offense, and be ineligible for any type of restricted license.

At The Thomatos Law Offices, our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your DUI charge dropped.

 

3RD DUI OFFENSE WITHIN 10 YEARS:

Mandatory minimum of 120 days in county jail to maximum 1 year in county jail

Upto 3 year license suspension

Alcohol classes (3rd Offender DUI SChool) for 18 months or 30 months

AA Classes, community service, alcohol treatment program and/or HAM Program

Installation of an Ignition Interlock Device on Your Vehicle

Fines & Penalty Assessment Upto $2,500

 

Enhanced Penalties may also be assessed if:

Defendant still on probation for prior convictions

Auto Accident

Hit & Run

Children in car

Chemical test refusal

Alcohol levels exceeding .20% (Longer jail time).

Driving on a suspended license

Speeding more than 30 mph over the posted speed limit

 

4TH DUI OFFENSE WITHIN 10 YEARS

Defendant most likely will be charged as a 4th Offense FELONY DUI

16 months, 2 years or 4 years in state prison

Defendent will be named as a "Habitual Traffic Offender" and driving privledges revoked for minium of 3 years

Alcohol classes (4th Offender DUI SChool) for 30 months

AA Classes, community service, alcohol treatment program and/or HAM Program

Fines & Penalty Assessment Upto $5,000

 

Enhanced Penalties may also be assessed if:

Defendant still on probation for prior convictions

Auto Accident

Hit & Run

Children in car

Chemical test refusal

Alcohol levels exceeding .20% (Longer jail time).

Driving on a suspended license

Speeding more than 30 mph over the posted speed limit

 

 

If you are found to be driving with a BAC of 0.08% or higher and were also involved in an auto accident the penalties are much more severe than if you were only pulled over for a regular DUI, especially if someone was seriously injured or killed. Most DUIs are charged as misdemeanors, however if you are a repeat offender or were involved in an auto accident you will most likely face felony charges.

Penalties for causing serious bodily harm or for fatalities in a DUI accident can range anywhere from 3 to 10 years in prison. Because of this it is extremely important that you have a DUI attorney overseeing your case. However, just because you are charged with the crime does not mean that you are actually the responsible individual.

At The Thomatos Law Offices our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your DUI charge dropped.

 

The DUI process begins with an arrest. Usually this happens when a police officer pulls the driver over for committing a traffic violation, such as running a red light or speeding.

An officer may also suspect criminal activity and pull someone over if he or she notices something that indicates said criminal activity, ordinarily called "probable cause". An example of probable cause could be when an officer notices a pile of empty beer bottles in the back of the driver's car and thus have cause to investigate further. A DUI arrest can also come about through an arrest warrant.

Ultimately there are many circumstances that can cause a police officer to make a DUI arrest. However, DUI arrests can also be challenged. Due to the fact that every arrest is different, there might have been a number of circumstances that may cause a DUI arrest to be challenged. If an individual's rights were violated, or the arrest was unlawful the court may decide to disregard certain pieces of evidence that would otherwise be used against you.

It is extremely important to have experienced attorneys available to you that know the court process. At The Thomatos Law Offices our DUI defense attorneys are dedicated to providing you with aggressive legal representation. Make sure to give us a call, in order to provide you with the best representation possible.

 

If you are charged with a DUI and you hold a commercial license, the consequences you face will be harsher than a regular driver license holder. Due to the larger size of the vehicles, commercial drivers are held to a higher level of accountability when it comes to driving and traffic offenses. Commercial License drivers are not able to apply for a restricted license and you will need an aggressive DUI attorney to defend you.

For noncommercial drivers, the legal limit for blood alcohol concentration is .08%. For commercial drivers, it is half of that, with a BAC of 0.4% or more.

Penalties for commercial drivers may include a one yr. suspension of your commercial driver's license, fines, a suspension of driving privileges for noncommercial vehicles, installation of an ignition interlock device, Victims Impact Panel attendance, probation and/or community service.

Commercial drivers who are charged with driving under the influence with a BAC of above 0.08% may also face a complete CDL license revocation in addition to a regular driver's license suspension.

At The Thomatos Law Offices our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your DUI charge dropped/reduced.

 

When facing DUI charges it is important to understand that the charges are very serious. The penalties may lead to license suspension and even jail time. You will spend several years paying for a DUI through probation, alcohol treatment classes and higher insurance rates and you might even have your license revoked completely.

The majority of DUIs are classified as misdemeanors and although it is less serious of a crime than a felony offense it is still a crime, and as such carries penalties. A first time offender can still face fines of up to $1,500, a six month license suspension and even prison time depending on the circumstances of the arrest.

If you have any other DUI convictions within a ten year period you will also be a repeat offender which leads to harsher penalties and you might even be convicted with a felony in certain circumstances. If you have been charged with a DUI do not give up hope and retain the services of The Thomatos Law Offices now.

 

There are several steps in the DUI court process. The DUI charge begins with your arrest. Once you are pulled over the officer will most likely administer certain tests, including any chemical or field sobriety tests and once he believes you are driving under the influence, he will then charge and arrest you with a DUI. You may then be put in jail and have to post bail to get out or released on your own recognizance.

A DMV hearing must be scheduled within 10 days of your arrest. This is an administrative hearing in which it will be decided if your driver's license will be suspended or revoked. This is not a part of the criminal process but instead part of the civil proceeding that is a part of the Department of Motor Vehicles. If you fail to schedule the DMV hearing, in 30 days your license will automatically be suspended.

The next step in the DUI court process is the arraignment. This is the first step to the criminal process. This is a formal hearing in which you are charged with the DUI and make your plea of guilty or not guilty.

Following the arraignment the defense attorney may file pretrial motions or may negotiate a plea bargain. A plea bargain may be offered by the prosecuting attorney in an attempt to have the defendant plead guilty for a lesser charge and penalties. Trial is then held in court and is presided over by a judge, with the verdict determined by a jury. If the verdict is guilty, the judge will determine sentencing.

During this process it is extremely important to have a DUI attorney with you. At The Thomatos Law Offices we will fight aggressively in every possible area to defend you. Please give us a call so that we can help you get the representation that you need.

 

 

After the initial arrest, you only have 10 days to schedule the Administrative License Revocation (ALR) hearing with the Department of Motor Vehicles. If you do not act quickly and defend your case at this hearing, your license will be automatically be suspended for thirty days.

The DMV hearing is not your DUI charge. The DUI charge is handled through criminal proceedings.

At the time of your DUI your license will be confiscated and you will be issued a Suspension Order and Temporary License document that will allow you to drive for 30 days until the DMV hearing is held. If you fail to make the ALR hearing you will forfeit your right to a hearing and your license will be automatically suspended after the 30 day temporary license expires.

At the DMV hearing an individual can contest and review any of the evidence brought against them. You can also testify on you own behalf. With the aid of a DUI attorney you might be able to have your license suspension lifted.

At The Thomatos Law Offices our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your DUI charge dropped/reduced.

 

While California has ways in which alcohol can be measured in your system through breath, blood and urine tests, this is not so for a DUI drug charge. Drugs can only be measured through blood and urine tests. A breathalyzer cannot be used. It is also much harder for a drug DUI to be established since there is no BAC that measures drugs in your system.

Defenses for DUI drug charges are numerous. Just because you were found to have drugs in your system does not mean that you were also impaired. Also symptoms like red eyes, slurred speech or walking unsteadily are not conclusive evidence to drug use.

A DUI of drugs can result in a DUI probation of 3 to 5 years, fines, and completion of DUI school, license suspension and in some cases, jail time.

At The Thomatos Law Offices our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your DUI drug charge dropped/reduced.

 

If you have previous DUI convictions on your criminal record, you can clear it from your history through a process called expungement. Normally this means that you can legally deny your criminal record in job applications and other situations where having a criminal record can be an issue.

Expungements can be used for both felonies and misdemeanors. Their purpose is to give an individual a clean slate, so they won’t be held liable for past offenses. If you don’t clear your records, it may become difficult to get a job, purchase a home or vehicle, and even affect your ability for a secondary education.

At The Thomatos Law Offices our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your convictions cleared.

 

 

Most DUI’s are classified as misdemeanors. However, certain DUI’s can become felonies in certain situations. If you are a repeat offender (meaning you have three or more prior drunk driving convictions), or were involved in a serious auto accident, then you will most likely face felony charges.

If you are not a repeat offender, in order for your case to be classified as a felony, then normally the driver is found to be in violation of a traffic violation; secondly he or she must have injured a third party; and thirdly that injury must have been caused by the violation.

A felony charge is harsher by far than a misdemeanor. If convicted of a felony DUI you might be ordered to a minimum of 180 day jail sentence, a $3,000 fine, and four year license suspension. You might also have to complete an 18 month alcohol education program.

At The Thomatos Law Offices our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your DUI charge dropped/reduced.

 

If a driver under the age of 21 is convicted of a DUI charge the rules are much harsher. In California we have a zero tolerance law in regards to underage drinking and driving. These means that underage motorists are deemed impaired if they have any trace at all of alcohol in their system (BAC of 0.01% or higher), even if there was no indicator of drunk driving, such as erratic driving.

Usually the driver’s license will we suspended for one year, and the car confiscated.

 

At The Thomatos Law Offices our DUI defense attorneys are dedicated to providing you with aggressive legal representation. With over many years of combined experience, you can be confident that we have the background and resources to get your DUI charge dropped or reduced.

 

 

Additional information:

If someone you know has been charged with a crime, call me right away. The sooner I am able to start representing him or her, the better the chances of preserving evidence, and his or her freedom. Call our office now for a free consultation at 408-627-9248.

Do you have questions or do you want to make an appointment in this area?

Call us at +1 408 627-9248 or use our contact form.