Phillips Law Offices|DUI Lawyers
 

"Commitment is what transforms a promise into reality."

                                                                                                                                                      Abraham Lincoln

 
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What We Do

Misdemeanor DUI Ddefense Lawyers

If you or a family member has been arrested and charged with driving under the influence, we are here to help guide you through the process and put you at ease by helping you learn about the process, the options you have, and working together to develop the best strategy to move forward. At the Phillips Law Offices, we strive to make a prospective client feel both comfortable and confident; and we do our best to alleviate any stress you may have about the uncertainty the criminal justice system. We understand many of our clients have never been arrested before and are understandably very anxious. We focus on DUI defense to provide our clients with cutting edge legal representation. We also use a client centered approach, emphasizing teamwork and client communication to achieve the best result possible.

With over 25 years representing DUI clients, Mr. Phillips has guided hundreds of clients through this process. We have significant experience handling first time DUIs, multiple DUI offenses, high blood alcohol, serious injury cases, as well as commercial truck driving and boating under the influence cases. Our firm strongly believes old-fashioned hard work, teamwork and preparation is the best way to help our clients receive the best legal defense. Our commitment is to provide high-quality DUI defense with integrity and professionalism. We invite you to call us with a questions you may have at 530-265-0186.

 

Felony DUI Defense Lawyers

A substantial portion of our practice is focused on defending and guiding individuals charged with multiple and repeat DUI’s to DUI manslaughter. Although these types of matters demand the most proficient and aggressive defense, we never lose sight to be supportive and compassionate during this difficult time. Sometimes a subsequent DUI or drug-related arrest is the unfortunate symptom of an underlying addiction issue and may be best addressed by substance abuse counseling. Our goal is to mitigate the case whenever possible, to seek treatment when appropriate and to maintain fairness in the process.

In California, there are three main situations in which the prosecutor might choose to charge someone with a Felony DUI: (1) There was serious injury to a person other than the person being charged. (2) The person being charged, is on their 4th DUI (or more) within a period of 10 years. (3) The person being charged, has at least one prior felony DUI charge on their record. If you have been charged or think there is any possibility that you might be charged with a felony DUI in Nevada or Placer County, you should stop searching around on the Internet for information and contact an experienced DUI attorney immediately.

At the Phillips Law Offices we try not to unduly scare people, but if you are convicted in California for felony driving under the influence, you face the possibility of significant jail or even prison time and lengthy license suspension without a very aggressive and complete defense. For many careers, a felony DUI on your record will create lifelong consequences. Rest assured, we have successfully handled countless felony drunk driving matters including DUI murder and manslaughter and know how to obtain the very best results for our clients. Feel free to call us with any questions you may have at 530-265-0186.

 

DUI, DMV and Driver's License Issues

Although there are perhaps lots of lawyers who will accept a DUI case, many have little knowledge about license suspension issues. For many individuals, avoiding loss of a driver's license is the most important goal. We work closely with our clients to get them through the confusing and sometimes overwhelming DMV process. For individuals who live out of state and are charged with a DUI in California, the license suspension process can be especially complicated. We have successfully helped many of out of state residents maintain their license.

When a California driver is arrested for DUI, his or her drive'rs license is immediately confiscated and they are given a temporary license valid for 30 days. This confiscation, starts a civil process which is separate from the criminal charges. It is critical that in California, the driver contacts the DMV within 10 days of the arrest to request a hearing. Failure to do so, will result in an automatic suspension of the driver's license. Although the DMV process is somewhat similar to the criminal process, it is an extremely complex area of the law with its own rules and regulations. It is even more complicated for individuals with out-of-state drivers licenses or who have commercial truck driving license.

For over 25 years, the Phillips Law Offices have successfully help clients navigate the confusing and changing DMV license suspension actions. We represent clients from scheduling hearings, representation at the DMV hearing to DMV appeals and writs. We also advise clients in the best steps to take obtain a restricted license and become re-licensed.  While some attorneys my wait before charges are filed to begin working on a case, successful defense of DMV suspensions requires immediate investigation. For many of our clients, the potential impact of the loss of a driver's license is the most significant consequence of the arrest. As a result, we aggressively defend DMV suspensions. We invite you to call us to discuss any questions you may have about the effect a DUI arrest has on your driver's license. We invite you to call us to discuss any questions you may have about license suspensions at 530-265-0186

 

DUI Manslaughter

Often, a DUI involving serious injury or even death is the first time the person has been arrested, and we recognize you never intended to hurt anyone. Rather, sometimes a single momentary lapse of good judgment results in a life changing event. For that reason, we are committed to striving to provide the highest level of defense while offering thoughtful and non-judgmental understanding.

Mr. Phillips has over 25 years defending the most serious types of DUI matters and is available for private and confidential consultation.

 

“Faith is taking the first step even when you don't see the whole staircase.”

                                                                                                                                                                          Martin Luther King, Jr.

 

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First DUI Offense - Penalties & Punishments*

Probation

3-5 years of Court Probation

This means no probation officer to report to, but absolutely no drinking and driving during that time period with other conditions.

Fines & Fees

A fine, including court fees and costs of $2,000-$2,500

This can be paid over time for an additional charge or in-full within 45 days. In some courts, you can work off part of the fine through community service.

Driver License

Six-month loss of California Driver License. Drivers are eligible for a restricted 'work license' for entire 6 months.(However, if the driver is also suspended by the DMV administratively, there is a 30 day "hard" suspension before the restricted license)

 A suspension means absolutely no driving, while a restriction allows driving to and from work or school

DUI School

Depending on your Blood Alcohol Level, DUI school may be meted out as few as 12 hours or as many as 45. Blood alcohol over .20 will result in a 9 month DUI school. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools

Jail Time

MANDATORY JAIL TIME

There is a likely requirement of 48 hours of jail time on a first-offense DUI. It is possible to have this time converted to work service.

* Does not include DMV administrative penalties or criminal enhancements. In addition, starting July 1, 2010, individuals arrested and then convicted of a first-offense DUI, in Alameda, Los Angeles, Tulare, and Sacramento counties will be required to install an Ignition Interlock Device on their vehicle for five months (or 12 months if an injury was involved). This is a pilot program, which is why the penalty only applies to these four counties.

* There may be individual facts in a case that could lead to "sentence enhancements" being charged which could result in a more severe sentence: having a blood alcohol higher than .15 or .20, refusing a breath for a blood test, having a child or minor in the car, having a solo car accident, or injuring another person, a prior conviction older than 10 years. If any of these circumstances are in your case, you should talk to an experienced DUI attorney as soon as possible.

Second DUI Offense - Penalties & Punishments *

Probation

3-5 years of Court Probation

This means no probation officer to report to, but absolutely no drinking and driving during that time period and other probation conditions.

Fines & Fees

A fine, including court fees and costs of $2,000 to $2500

This can be paid over time for an additional charge, or in-full within 45 days. In some courts, you can work off part of the fine through community service.

Driver License

Two Year loss of California Driver License. Generally, Drivers eligible to apply for a restricted license after 90 days "hard suspension" with installation of an IDD.

A suspension means absolutely no driving, while a restriction allows driving to and from work or school. You will also have to install an ignition interlock device (breath tester) on your vehicle.

DUI School

This will be for 18 months. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools

Jail Time

MANDATORY JAIL TIME

There is a required 96 hours of jail time on a second-offense DUI. It is possible to have this time converted to work service. Many counties will insist on at least 10 days of jail, but some require 30 or more depending on the specifics of the case. ( This is where a good DUI can help )

* There may be individual facts in a case that could lead to "sentence enhancements" being charged which could result in a more severe sentence: having a blood alcohol higher than .15, refusing a breath for a blood test, having a child or minor in the car, having a solo car accident, or injuring another person, a prior conviction older than 10 years. If any of these circumstances are in your case, you should talk to an experienced DUI attorney as soon as possible.

Third DUI Offense - Penalties & Punishments *

Probation

3 to 5 years of Court or FORMAL Probation

Court Probation means no probation officer to report to. However, formal Probation means reporting to a Probation Officer on a regular basis with closer supervision. Often times there are strict no alcohol terms, alcohol counseling with court reviews.

Fines & Fees

A fine, including court fees and costs of $2,200-$2,800

This can be paid over time for an additional charge, or in-full within 45 days. In some courts, you can work off part of the fine through community service.

Driver License

Minimum 3 years loss of California Driver License

 A suspension means absolutely no driving, while a restriction allows driving to and from work or school. Generally, after 18 months "hard suspension" driver may apply for a restricted license

DUI School

This will be for 18 months, sometime 30 months. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools

Jail Time

MANDATORY JAIL TIME

There is a required 120 days of jail time on a third-offense DUI. It is possible to have this time converted to some alternative such as home arrest, rehab, or some combination of these. Many counties will insist on at least 210 days of jail, while some counties require one full year

* There may be individual facts in a case that could lead to "sentence enhancements" being charged which could result in a more severe sentence: having a blood alcohol higher than .15, refusing a breath for a blood test, having a child or minor in the car, having a solo car accident, or injuring another person, a prior conviction older than 10 years. If any of these circumstances are in your case, you should talk to an experienced DUI attorney as soon as possible.

Fourth DUI Offense - Penalties & Punishments

A fourth DUI within 10 years in California is a felony. The punishment can be county jail up to a year or state prison for 16, 2 or 3 years. It is important that if you or a family member has been charged with a felony DUI that you contact an experienced DUI attorney as soon as possible. An experienced knowledgeable lawyer can often mitigate or minimize these penalties considerably, especially if the individual is willing to attend counseling or inpatient treatment.

 
 

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