Articles

DUI 101: Contra Costa County Criminal Defense Attorney Explains The Basics A DUI arrest can carry serious consequences, and in California, these penalties only increase with each offense. Each step you take now can have a major impact on the rest of your case, so understanding what’s at stake is key to protecting your future. In this article, we’ll walk through what you can expect from a DUI conviction in California whether you are a first, second, or third-time offender—and how DUI defense attorney Derek Ewin can help you find a better outcome. Penalties For A First DUI Offense In California A first DUI offense in California is generally classified as a misdemeanor, but that doesn’t mean it’s without serious penalties. The exact consequences of a conviction vary based on factors like your blood alcohol concentration (BAC) and any aggravating circumstances, such as having a minor in the car, but they generally look something like this: License Suspension: A first-time DUI can lead to a... Read More

DUI 101: Contra Costa County Criminal Defense Attorney Explains The Basics It’s true, the moments during and after a DUI arrest in Contra Costa County can be intensely overwhelming, but taking the right actions now can make a crucial difference in the outcome of your case. Here’s what you need to know about what to do immediately after a DUI arrest—and how Contra Costa DUI defense attorney Derek Ewin can help you protect your rights and future. Step #1: Schedule Your DMV Hearing: You Only Have 10 Days In California, a DUI arrest triggers two separate cases: a criminal court case and an administrative case with the Department of Motor Vehicles (DMV). Importantly, the clock starts ticking on your chance to protect your driver’s license. Following your DUI arrest, you may continue driving until the DMV hearing decision, typically held 30 days later. However, if you don’t request an administrative hearing within 10 days of your arrest, your license will be automatically suspended. How Can... Read More

In this article, you will discover: Some of the most common types of weapon offenses. The difference between misdemeanor and felony charges in weapon offenses. Possible defense strategies if you have been charged with a weapon offense. What Are The Most Common Types Of Weapon Offenses Charged In California? While there are many types of weapon offenses in California, some of the most common are: Possession of a concealed firearm or a loaded firearm Illegal types of firearms, such as assault weapons, a short-barreled rifle, or a shotgun High-capacity magazines Dirk or a Dagger Possession of any of those mentioned above by prohibited persons (felons or previously convicted persons) And more… Another newer weapon offense we've seen more recently involves the possession and manufacturing of ghost guns. These are guns that individuals make themselves, so they are not registered and do not have serial numbers as a way to track them. In California, it is illegal to manufacture your own gun. Are Most Weapon Charges... Read More

In this article, you will discover: The different types of penalties for drug-related charges. Some possible defense strategies for drug-related charges. Why hiring a California defense attorney is your best option. Is The Sale Or Distribution Of Drugs In California Charged As A Misdemeanor Or A Felony? In the state of California, there are different classifications for different drugs. Marijuana sales are treated as a misdemeanor now in California. Most other drug sales are treated as a felony. In the Bay Area specifically, distribution is referred to as a possession for sale or sale of a controlled substance. It can be terrifying when facing any type of drug offense charge. While your best bet would be to get a drug defense attorney, it would serve you well to also do some research on your own. This way, you'll have better questions to ask your lawyer. How Does The Amount And Type Of Drug Impact The Charge? The amount and type of drug you have in... Read More

Any DUI conviction in California is going to involve probation, jail time, a fine, some sort of suspension of a driver’s license and some sort of DUI School. It’s possible to do a case without probation, but in my experience, doing so will result in a really high sentence to encourage probation. On a first-time DUI, there will be between three and five years (usually three) of informal court probation, and a minimum of two days and a maximum of six months in jail. We can usually arrange for some sort of jail alternative, like a sheriff’s work alternative program (picking up trash on the side of the road) or home detention. There will also be a driver’s license suspension of six months with the ability to obtain a restricted license. The length of the required DUI school may be three, six, or nine months, and will depend on the blood alcohol level. On a second-time DUI, probation is normally four years. There will be... Read More

The factors that might enhance or aggravate a DUI charge include high blood alcohol levels, having children present in the car, getting into an accident, injuring somebody, refusing to take a chemical test, multiple or repeat offenses and reckless driving at high speeds. These factors can result in more severe sentences and may result in additional requirements if you are not in jail while the case is pending. Are There Any Alternative Programs Available To DUI Offenders In California? I do not know of any diversion programs for DUI in the Bay Area of California. After the completion of several requirements, diversion ultimately allows a person to avoid a conviction. However, I do not think that diversion for DUI is allowed in California. If a case has significant problems, then it may be possible to get the case dismissed or to have the charge reduced to something other than a DUI, such as reckless driving. As discussed, the sheriff’s work alternative program, home detention and... Read More

An ignition interlock device (IID) is a device that is installed in a vehicle to prevent it from starting unless the driver blows into the device and registers a value of zero for alcohol. It also requires a driver to periodically blow into it while driving. If the driver fails to do so, the vehicle will turn off. The purpose is to prevent people driving with alcohol in their system. If a person has had multiple drunk driving arrests and wants to get their license back prior to the end of the suspension period, then they will be required to have an IID. As of January 1, 2019, there is a new law in California regarding license suspensions for people arrested January 1, 2019 or later. Suspension Based On The DMV Hearing Your license gets suspended for 4 months. That means you can’t drive at all during that 4 months. There are two options for driving during that period. OPTION 1: IGNITION INTERLOCK If you... Read More

See the information below under “Ignition Interlock License.” If a person under the age of 21 is arrested for DUI, then their license will be suspended for one year and they will not have the option to obtain a restricted license. However, there is something called a critical needs license in California, which allows a person under 21 to petition to the DMV to have their license returned. These petitions are reviewed on a case-by-case basis. What Happens If I Refuse A Breath Or A Blood Test In California? If you refuse to take a breath or blood test in California, your license can be automatically suspended for a year or more. If you have had multiple DUIs, then it could be suspended for even longer. If a person refuses the tests and the DA admits that they cannot prove that they were driving while being over the legal limit (and therefore decides not to file charges), the DMV can still suspend the defendant’s license... Read More

The average DUI arrest begins when an officer finds a reason to pull someone over and then suspects that the driver is intoxicated. The officer will ask the person whether or not they have been drinking and will most likely continue to ask questions regardless of how the person answers. The idea is to try to determine when the driver was drinking, how much they drank, whether or not they were feeling the effects of the alcohol, when they were driving, where they were coming from and where they were going. The answers to all of these questions will help the DA develop their case by helping them to prove that the blood alcohol content at the time of driving was over the legal limit. Once the officer’s done asking those questions, they will usually have the person perform field sobriety tests. One of those tests is for nystagmus and involves the officer holding up their finger or a pen and asking the person to... Read More

One common mistake is failing to sign up for a DMV hearing. In California, you only have 10 days after your arrest to sign up for a DMV hearing. At that hearing, you have the ability to contest whether or not your license should be suspended by the DMV. Many people think that if they are guilty, then there is no point in signing up for a DMV hearing. However, even if we lose that hearing, we may gain useful information. Some people don’t realize that there are things we can do from the beginning that will help their case down the line. Putting off this hearing only limits what an attorney can do to help a case. How Do You Advise Clients Who Want To Plead Guilty To A DUI Charge? Depending on the circumstances, I may agree with a client who wants to plead guilty to a DUI charge. Oftentimes, a court date will be set to take place a few months after... Read More