Patrick J Silva
Silva & Silva
Attorneys at Law
* 16 Years of Top Level DUI Experience!
* I Teach Other Lawyers DUI Defense!
* Approved by the "State Bar of California" to
teach other lawyers !
I AM APPROVED BY THE STATE BAR OF CALIFORNIA TO TEACH OTHER LAWYERS ABOUT BLOOD TESTING IN A DUI CASE. "My name is David and when I got my 3rd DUI I hired Pat Silva to fight for me and he did! He got my 3rd DUI dropped, all I had to do was plead no contest to a few moving violations. I had a bac of .17 and he still got it dropped that's why I call him the specialist! " One of the best dui lawyers in the Rancho Cucamonga Courthouse. ONLINE REVIEWS!
A: A good place to start is Avvo.com there you can read reviews from people who have hired these lawyers.
Q: I was arrested for a 3rd dui in 10 years. My first dui was in 2007, my second in 2010 (was reduced to wet and reckless) and I was arrested in June of this year. I blew a .09 and I hired an attorney. I was told to plea no contest and take the 120 days jail time which I am allowed to do awp. I have signed up and started my awp. I also have the scram bracelet.
Is it possible to petition with the courts to get my awp days lowered? I am a single mom, and I am finding it difficult to find daycare. If I finish out 30 days on awp, will that help?
I am just looking into any options. Also how can I find the best dui lawyer around.
A: 120 days is the mandatory minimum for a third DUI within ten years. You should get half time credits on the work program, do you would have to complete a total of sixty actual days.
Q: Can someone be convicted for DUI if they were not tested.?? Facts: Daughter just got out of hospital 5150 for 6days and doesnt remember being there.the next day she got in her car and tried to go to her dads.she hit a parked car.went to jail they didn't test her can they convict on just her saying she had taken pills the night before??Public defender said they could get a test???
A: It doesn't happen very often that there is no blood or breath test following a DUI arrest. If this is the case, I suppose the prosecution could go forward on the officer's observations of the arrestee. In cases involving drugs we often see a drug recognition evaluation by law enforcement surface in police reports. I think you'll have to wait and see what evidence of drugs and impairment shows up in the police reports. Jury instruction 2110 describes the elements of vehicle code 23 152 a. The general term is "driving impaired to an appreciable degree". The district attorney does not need a blood test in order to satisfy the elements under this jury instruction. Good luck
Q: How do I know if I will be charged with a dui? I was in a car accident where I drove into a tree while intoxicated. I went straight to the hospital and wasnt arrested or anything. They tested my blood at the hospital but how do i know if i got a dui or not?
A: The DA will review the evidence and make a charging decision based on the police reports for the accident and the hospital blood analysis, once that charging decision has been made the can send you a letter notifying you of a pending court date or they can file a complaint (criminal action) and get an arrest warrant. Hopefully, they will let you know before filing but that isn't always the case.
Q: Do I need a dmv hearing if my license was not suspended? I was arrested for a dui and I just read that I had to set up a hearing from the DMV within ten days of my arrest and I did without knowing why. the officer didn't give me a form saying my license isn't suspended or anything.
A: If you didn't receive the pink notice of suspension form AND you KNOW your blood alcohol concentration is below the legal limit for your age then you shouldn't worry about getting the hearing. However, if you are unsure about the alcohol concentration you may still request a hearing, the DMV won't go forward if the evidence doesn't come back above the legal limit for your age.
Q: What will most likely happen to my case? The cop pulled me over because he said I was swerving. I was supposed to make a right but the gps rerouted and I just went straight instead (I didnt switch lanes). Thereafter the cop asked if I had been drinking and he asked me to go down and take BAC which resulted at .078 I informed him that I only had a bottlw of beer. He then again took another BAC and it went down to .074 they also did the finger test and said there was no impairment. The other cop then asked if there was alcohol in my car and I said "there shouldn't be" but later found two bottles of vodka as they searched my car when they asked my friends to go down. I then did the field sobriety test and the cop said in his opinion I am impaired note that I asked for my jacket but he said he''ll finish the FST first. They then cuffed me and took me to the station and did another BAC and results are .07 and .06 they detained me for a bit and thereafter took my fingerprints and then gave back my license and provided me a blue slip. The cop said I just need to go to court and my case will be 100% dismissed. I wonder if this is true.
A: NEVER take legal advice from a cop. I'm not at all convinced this case will be 100% dismissed. Be sure to appear on your court date. Best to consult with a local criminal defense attorney before then as well. You dodged a bullet with the DMV, but it's certainly not over.
Q: My friend who's an alcoholic with 3 D.U.I.S hit a vehicle there was very little to no damage to both cars. However she left that scene because she has a suspended license due to her previous arrest. That other party followed her to her apartment and called police.when they arrived one hour or so later she had been drinking,she was tested at that police station.What is that likely hood of her getting convicted of a 4 DUI and possibly getting maximum sentence her last DUI was bout 2.5 yrs a go.
A: If her three prior DUI convictions occurred within the past ten years, your friend could be charged with a felony.
It sounds like there WAS a chemical test, but it happened an hour after driving. There's no way to predict the outcome of her case without a complete review of the evidence. If she drank after the accident, her lawyer might be able to argue that she wasn't drunk at the time she drove the car... but her hit and run will definitely work against her/ A felony DUI is four within 10 years, the maximum depends on the severity of the first three and of course the fourth but state prison and years in jail are a distinct possibility. A skilled DUI defense lawyer may be able to mitigate, or even win, a case where the drinking was done after driving BUT it will depend upon the facts. She should contact an experienced DUI defense attorney as quickly as possible, she also has valuable rights regarding her drivers license that are time sensitive.
Q: I got a DUI 1 month before I turned 21, but my trial was 2 weeks after my birthday. My case was for under the influence, but my question is can I drink right now that I'm 21 but I'm in a 3 year probation.
A: The answer to your question is...it depends, if you were ordered to abstain from the use of alcohol while on probation, no you can't drink. Otherwise, you can't drink and drive. Check with your lawyer regarding the actual terms and conditions of your probation.
Q: What do I need to do to get my license back after completing all my classes and paid fines after a DUI seven years ago? Seven and a half years ago I was arrested for a DUI. I competed all classes and paid all the fines, but never applied for another license. I now would like to get my license reinstated, but don't have the completed class paperwork and don't know how to obtain it since that company is no longer in business. What do I need to do prove completion to get back on the road legally?
A: Bad news, unless you (or the court) have the paperwork regarding the completion, you will have to do it again...sorry.
Q: What are my fist steps after getting released from being arrested from a dui? I was arrested for dui but I was under a .08. I am not sure what to do next. I scheduled my DMV hearing but do I need a lawyer for that and for court date? I need a public defender how do I do that?
A: If this is an alcohol only case and you're over 21 you shouldn't have a DMV hearing to worry about. Depending on your income you may qualify for a Public Defender, that will be a determination made by the judge at your arraignment (first appearance). You might want to meet with a private lawyer. or two, before your court appearance, there is a big range in prices and services provided by DUI lawyers. As another lawyer pointed out, the Public Defender doesn't do the DMV and not all of them know the process to help you get your license back if it is suspended.
Q: I got a my first dui . I have a clean record. Never been arrested before. Do I need a lawyer? I have yet to get my blood level y
A: Of course you need a lawyer, but that question is like asking a barber if you need a haircut. The reason that a person might hire a lawyer are they don't believe they were under the influence at the time of driving, don't believe their blood alcohol level was over the legal limit at the time of driving, they might need to fight the case all the way to trial because a conviction could force a job loss. Take the time and talk to a qualified DUI lawyer in your local area, particularly one practicing in the courthouse where your case will be heard, good luck.
Q: Can I fight the dmv on an interlock? Dui 6.5 years ago..driving on susPended over a year ago...got my license back went to court dropped fron driving on suspened to no license..now dmv wants be gave one for a whole year. I can't afford it or think under circumstances it's fair.
A: You'll never beat the DMV on this issue. You want a license, install the IID.
Q: Hello. I was pulled over this morning for going 10 over. I am on DUI informal probation, arrested 8/2015 and convinced 3/2016. Is this in violation of my probation or will it just be a fine? Also... Will I qualify for traffic school? The only things on my driving record are the DUI and it didn't involve an accident.
A: As long as your license was valid and you had insurance, this infraction cannot be used to violate your probation. Unless you've been to traffic school in the past 18 months, you should be eligible - and you probably want to go since this would be another point (DUI is 2 points).
Q: Will this disqualify me from the program? I was arrested for a DUI in Feb 2015. I was trying to help a friend out and stupidly said I had driven to where we were when the cops contacted us. But was never physically seen in the drivers seat, or driving. No formal criminal charges have been filed still. I have recently decided to get into law enforcement and am signed up for reserve officer training. I have to do a doj background check and fingerprinting. I am sure this will come up, but since I was not ever charged or convicted will it affect my chances of being in the program?
A: The DA has up to 1yr to file on misdemeanor DUI charges. Thus, although charges haven't been filed the possibility remains. Consider retaining a local attorney to contact the DAs office and verify that the DA has indeed rejected the case. Best of luck.
Q: Delay in conviction? I was involved in a vehicle accident (08/14/2016) leading to me hitting parked vehicles and no one was injured. the police came to the screen and did a sobriety test which I passed. then he had me do a breathier, I blew 1.0 at that point i was arrested me. I am unsure if he read me my rights. I was put in handcuffs and my driver license was taken. He took me to the police station to do another breathier test with a different machine. I don't recall getting my fingers printed, but I do remember giving my thumb put for the 30 days driver license paper. I called to follow up with DMV regarding my driver license and they informed me that the DUI is on my driving record and that my dl was suspended. (still haven't been convicted) I was given a citation with a court date on the bottom which was 2 months out from my accident date. I showed up to the San Mateo county court house and i was not on the hearing list. I checked in with the county clerk and she informed me that the DA still haven't filed the paper works. I called the Daly city DA office in November to follow up and they again informed me that no paper works has been filed yet. I just want to know if and when i will be charged.
A: The DA has up to one year from the date of arrest to file charges on misdemeanor DUI charges. It is entirely upto them to decide when if ever they'll get around to it. They'll likely send you a letter whenever it happens, but ultimately it's your responsibility to show up. Best of luck
Q: How many times can you get reinstated in a dui class? i was terminated from my 9 month dui class with only 8 classes left. Due to not being able to afford it. What can i do? I need my license. And does the length of time since it happened matter to the dmv and courts. I cant get back in or transfered unless i pay the balance of $417 + $85 re-enrollment free. I do not have close to that amount. Help
A: you should contact the Public Defender who handled your case to put it on calendar to ask the Judge to allow you to take a break to save the money for the last 8 classes. If that doesn't happen, at least you have informed the Judge that you are not stopping for any reason other than financial. However, you are going to have to pay those fees to finish the program and keep your driver's license. So i recommend finding someone to borrow the money from to get the program done and not risk a probation violation.
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