Blog - Law Office of Mark Greany

Steps to Get Your DUI in San Diego Dismissed

Oct 3, 2021 | By Mark Greany | Read Time: 2 minutes

DUI convictions can result in serious criminal penalties. A DUI conviction can continue to inflict additional consequences even after you’ve served your time and paid the necessary fees. For instance, having a DUI conviction on your record can lead to an increase in your insurance rates, inability to secure certain jobs, and denials of housing applications. Therefore, California law allows you to get your DUI “dismissed” and wiped off of your criminal record after the completion of your sentence. If you need to get a DUI conviction off your record, contact the Law Office of Mark Greany today for a free consultation. Who Qualifies to Have Their DUI Dismissed? Individuals with a misdemeanor DUI conviction can petition to get the DUI dismissed after completing his or her probation sentence. Individuals with felony DUI convictions can also petition to have their DUI charge dismissed after completion of probation, as long as the person either: – Did not serve time in state prison for the conviction; or – The state prison sentence you served was before California’s realignment law took effect — and had you been sentenced post-realignment, you would have served your sentence in a county jail or “local prison.” If this is true, your state prison time is disregarded (for dismissal purposes) and you are eligible for dismissal, just as if you’d never served state prison time. If your petition is granted, the court replaces your plea of guilty or no contest with a not guilty plea. If you received a guilty verdict, the court replaces the guilty verdict with the dismissal. Then, the court dismisses your case. While the process seems simple enough, California does not require courts to grant DUI dismissals, even if the party petitioning for the dismissal satisfies all of the requirements. The court holds complete discretion over whether or not to grant the petition for dismissal. If you’re not sure whether you qualify to have your DUI conviction dismissed, a qualified DUI dismissal attorney can help you find the answer. Does My DUI Conviction Disappear After Dismissal? No, obtaining a dismissal does not completely remove the DUI from your permanent record. Rather, it replaces your previous DUI conviction with a DUI dismissal. For practical purposes, that means that some people can still find out about your DUI charge, but in other situations, you can freely state that you don’t have any prior criminal convictions. Even if you get your DUI conviction dismissed, it can still be used against you in some situations, such as: – Obtaining a state or local license; – Legally owning a firearm; – Reinstating a suspended license; and – When pursuing public office. Additionally, your dismissed DUI charge counts as a prior conviction if the state convicts you of another criminal violation in the future. Need Help with a DUI Dismissal in San Diego? At the Law Office of Mark Greany, we understand that a DUI conviction can seriously hamper the daily lives of our clients. By obtaining a dismissal, you can open up a whole world of new opportunities. Attorney Mark Greany has extensive experience obtaining DUI dismissals for his clients. If you’re ready to get your DUI conviction off your record, contact the Law Office of Mark Greany today.

DUI

How to Beat an Underage DUI in California

Sep 3, 2021 | By Mark Greany | Read Time: 3 minutes

After police arrest you for an underage DUI, it’s easy to lose hope. After all, the police pulled you over and gave you a breath or blood test, which showed you were under the influence—so what’s the point of fighting it? However, DUI cases are not that simple, and there may be several defenses that apply to your case. At the Law Office of Mark Greany, our San Diego DUI defense attorney has decades of experience coming up with creative solutions to these challenging cases. Often, we can resolve a case without our client losing their license or having to endure a jury trial. Elements of an Underage DUI in California Unlike adults who can legally drive a car after having a drink or two, minors cannot have any amount of alcohol in their system while driving. While it is not a criminal offense to drive if you have a blood-alcohol content of less than .05%, a violation of California’s zero-tolerance law will result in an automatic license suspension of at least a year. The more serious underage DUI cases involve situations where your blood-alcohol content is .05% or more, especially if it is .08% or more. In these cases, the government will bring criminal charges against you. Depending on your age, you could face serious consequences that may even include jail time. To prove you guilty of an underage DUI, California prosecutors must meet the following elements: – You were under 21 years old at the time of the offense; – You were driving; and – Your blood-alcohol content was .05% or greater. In most cases, the government uses chemical test results to prove you were under the influence of alcohol. However, the law allows prosecutors to secure a conviction without test results if they can convince the judge or jury that you consumed alcohol and your blood-alcohol content was .05% or greater. Defenses to California Underage DUIs When police arrest you for an underage DUI, there are several defenses you may be able to rely on which may prevent the prosecution from proving its case against you. These defenses include the assertion that: – You were not driving at the time; – You were not under the influence of drugs or alcohol; – You were not underage; – There were errors in the blood or breath test; – Your breath sample was contaminated due to the presence of residual mouth alcohol; – Police officers conducted an illegal traffic stop; and – Police officers failed to advise you of your rights before asking you to submit to a chemical test. Every case is unique, so it is essential to speak with a San Diego DUI defense attorney to determine which of the above defenses might apply in your case. In addition, you may qualify for a San Diego DUI program. If you complete the program, the charges against you will be withdrawn. Are You Facing an Underage DUI in California? If police arrested you for a DUI offense, there is a lot on the line. A conviction not only jeopardizes your license but can also make it harder to get a job or get into school. At the Law Office of Mark Greany, we understand what’s at stake in underage DUI cases. Therefore, we do everything we can to get our clients out from underneath the charge with as little impact on their lives as possible. To learn more and schedule a free consultation with our San Diego DUI defense lawyer, call 858-531-6387. You can also reach us through our online contact form.

DUI

Statute of Limitations for a DUI in California

Aug 3, 2021 | By Mark Greany | Read Time: 3 minutes

The DUI Statute of Limitations in California Could Prove to Be a Winning Defense DUI cases are tough on people. They cause a tremendous amount of stress and anxiety. Additionally, DUI cases can land someone in jail and without a driver’s license for extended periods of time. If you find yourself under suspicion for DUI, then you need to contact a San Diego DUI lawyer fast. Fortunately, you can rely on my experience representing hundreds of clients facing DUI charges in San Diego and the surrounding area. Not only do I use my extensive experience to give my clients a chance to beat their DUI cases, but I also analyze their cases from both a legal and scientific standpoint. This approach gives my clients the best shot possible to win their case, keep their license, and stay out of jail. What Is the Statute of Limitations for DUI in California? The statute of limitations is a law that prevents you from facing criminal charges well after the alleged crime took place. According to 802(a) of the California Penal Code, all criminal prosecutions for misdemeanors must commence within one year. However, the prosecution must bring felony charges within three years of the alleged crime, in most cases. The law refers to DUI cases as “wobblers” because they could be charged as either a misdemeanor or felony. For example, first, second, and third offense DUIs are misdemeanors. That means the prosecution must bring charges within one year. The judge would very likely dismiss a case if the alleged crime occurred more than a year prior to charges being filed. DUI charges can also be felony offenses. A fourth offense DUI within the last 10 years is a felony. Additionally, DUI causing death or serious bodily injury is also a felony. Moreover, a DUI charge that includes child endangerment can be a felony if you have prior convictions for the same offense. Remember that California prosecutors can use any out-of-state DUI convictions against you. Thus, you could face felony charges if you have out-of-state DUI convictions even though you have only one DUI charge in California. When Does the Statute of Limitations in California Stop Running? The one-year statute of limitations is not a hard and fast rule. The clock stops running if you left California for any reason during the limitations period. Your presence outside of California “tolls” the statute of limitations. The clock resumes when you return to the state. Similarly, the statute of limitations tolls if the police issue a warrant for your arrest provided that the police requested the warrant during the limitations time. Why Is There a DUI Statute of Limitations in California? Statutes of limitations help ensure the accused receives due process. Some cases, especially complex cases such as fatal car accidents, need more time for the police to investigate. However, the police cannot sit around and do nothing. The statute of limitations makes sure that the charges are brought as promptly as possible. That way, the accused has a chance to find and interview witnesses, review the crime scene, and review evidence. Without a statute of limitations forcing their hands, the police could sit on an investigation for years. Doing that would seriously hurt the accused’s chances of locating favorable evidence. When Can You Raise the Statute of Limitations for DUI in California as a Defense? The statute of limitations is a law that prevents you from facing criminal charges well after the alleged crime took place. However, you could raise the statute of limitations defense if you do not get notice of charges pending within one year. Call me, San Diego criminal defense attorney Mark Greany, today at 858-531-6387 to find out I can use my extensive knowledge of California DUI law to help you. I will argue that your case must be dismissed because the statute of limitations ran if the facts support the argument. If not, I will thoroughly review your case to find the best defenses possible.

DUI

How to Fight a DUI Charge in San Diego

May 25, 2021 | By Mark Greany | Read Time: 3 minutes

In San Diego, driving under the influence of drugs or alcohol, also known as DUI, is a serious accusation. Whether you are facing a misdemeanor or felony DUI charge, there are ways to fight it depending on your situation and the specific facts surrounding your arrest. Let’s discuss some ways to beat a DUI in California and how hiring an experienced criminal defense attorney can help. Misdemeanor vs. Felony DUI in California In the state of California, there are two different DUI charges depending on the circumstances of the incident. For situations where an alleged DUI doesn’t result in injury, the prosecution typically seeks a misdemeanor charge under Vehicle Code 23152 (a) or Vehicle Code 23152 (b). Under the first part of the statute, it is unlawful for someone to drive under the influence of alcohol, drugs, or any combination thereof. In contrast, the second section makes it unlawful for a person to drive if they have a blood alcohol concentration of more than 0.08%. If the alleged DUI causes an injury, the prosecution is more likely to charge you with a felony. Much like misdemeanor DUI, felony DUI includes two potential counts. Being charged with either of these counts not only jeopardizes your ability to drive but also potentially limits future employment opportunities. 3 Ways to Beat a DUI There are several methods for defending against a DUI charge. Here are some of the most common defenses used for California DUI charges and when they might be applied. 1. Unwarranted Stop by a Police Officer For a police officer to pull someone over, they must have a reasonable suspicion that an occupant in the vehicle committed a crime. In many cases, the officer may accuse someone of DUI if they witness possible signs of intoxication, such as swerving. However, some officers find other reasons to pull over a driver, like a broken turn signal or an expired tag on their license plate. If the initial traffic stop wasn’t based on any reasonable suspicion, everything that occurs during the stop may be ruled inadmissible at trial. If large pieces of evidence, like the field sobriety exercises or the blood alcohol content reading get excluded from trial, the prosecutor may find that their case has disappeared. If so, they may have no other choice but to dismiss the case. 2. Issues Mistaken for Signs of Intoxication When you are pulled over, the officer will look for any signs of impairment. They look for things like red eyes, slurred speech, poor balance, or a flushed face. However, there are other things that may cause these symptoms, including prescription medications, allergies, or general fatigue. 3. Faulty Sobriety Tests Once an officer suspects intoxication, they will most likely have you perform one or more field sobriety tests. The purpose of the field sobriety test is to measure your concentration, balance, and ability to follow instructions. Unfortunately, many police officers use non-standardized field sobriety tests that may be difficult for anyone to pass. Those with poor balance due to heels, boots, foot injuries, or any type of bodily ailment are at a major disadvantage. If you can provide evidence that you have or experienced issues that affected your performance of the exercises, the judge could invalidate the results in certain scenarios. Accused of DUI? Hire a Criminal Defense Attorney You Can Trust If you’ve been charged in San Diego and want to know how to fight a DUI, contact me today at 858-531-6387. With over 20 years of experience in criminal defense, I will passionately fight for your rights to achieve the best possible outcome for your case. I look forward to serving you.

DUI

Underage DUI in California: Penalties and Laws

May 12, 2021 | By Mark Greany | Read Time: 3 minutes

California takes an aggressive approach when it comes to minors who drive under the influence of drugs or alcohol. Even a first-time conviction for a DUI under 21 can result in severe consequences that may impact your life for years to come. At the Law Office of Mark Greany, we represent clients facing underage DUI offenses in California. Our San Diego DUI attorney has extensive experience developing creative solutions to these complex cases. With our help, you can rest assured that your case—and your future—are in good hands. Types of Underage DUI in California In California, there are a few DUI laws that apply to minors under the age of 21. Generally, because minors are not legally allowed to consume alcohol, the law holds them to a higher standard. So if the police pull you over and determine you are underage and under the influence of alcohol, you may be charged under any of the following theories. California’s Zero-Tolerance Law California Vehicle Code section 23136 provides that no driver under the age of 21 can legally drive a vehicle if they have a blood-alcohol content (BAC) of .01% or more. However, a violation of this section is a civil offense, not a crime. So if you’re charged under the zero-tolerance law, you likely won’t face any criminal consequences. But keep in mind that this violation can result in a one-year administrative driver’s license suspension. Driving with a BAC of .05% or More While a very low BAC does not result in criminal charges, that is not the case if your BAC is above 05%. California Vehicle Code section 23140 makes it against the law to drive with a BAC of .05% or greater. Unlike section 23136, a violation of 23140 is an infraction. While infractions do not call for jail time, a conviction results in a license suspension, a fine, and potentially mandatory alcohol counseling. Adult DUI Laws The above two offenses can only be committed by minors because it is not against the law for an adult to drive with a BAC of less than .08%. However, if your BAC is greater than .08%, you can face adult DUI charges. The punishment for a DUI in California depends on your BAC, whether anyone was hurt, and whether you have any prior convictions for driving under the influence. Can You Face Multiple Charges Related to an Under 21 DUI in California? Under state law, the government may charge you with more than one offense, but you can only be convicted of one crime. The only exception involves the state’s zero-tolerance law, which is not a criminal offense. So the police could cite you for a civil violation under section 23146 and also pursue criminal charges under section 23140, for example. In addition, anyone who is charged with DUI under 21 can face a variety of related offenses. For example, prosecutors may also charge you with having marijuana or an open container of alcohol in the vehicle. Are You Facing an Underage DUI Offense? If you were arrested for an underage DUI, California criminal defense attorney Mark Greany can help. At the Law Offices of Mark Greany, we have extensive experience defending the rights of clients who face underage DUI offenses. We can help you keep your license and avoid the fines and other consequences of a conviction. To learn more, and to schedule a free consultation with a San Diego underage DUI defense attorney, call 858-531-6387 today. You can also reach the Law Office of Mark Greaney through our online contact form.

DUI

How to Avoid Jail After Third DUI in California

May 3, 2021 | By Mark Greany | Read Time: 3 minutes

Driving under the influence (DUI) is a criminal charge that applies when a person operates a motor vehicle while under the influence of drugs (including prescription medication) and alcohol. A third DUI offense in California occurs when a person operating a motor vehicle has a blood alcohol concentration (BAC) of at least 0.08% and they have already been convicted of two separate DUIs in the past ten years. The First and Second DUIs The penalties applicable to a first-time misdemeanor DUI will vary according to your specific circumstances. In general, you can expect: – Summary probation for five years; – A fine starting at $1,000; – Potential jail time of up to six months; – Participation in a first offender drug and alcohol program ranging from 3-9 months; and – Possible requirement to install an ignition interlock device (IID) in your automobile for a period of approximately five months A second DUI occurs when you have a second DUI conviction within ten years of the prior DUI. After the first DUI, the penalties begin the increase. These may include: – Up to ten years of probation; – A fine of approximately $2,000; – 96 hours to one year in county jail; – Second-time DUI school for approximately 18 months (once per week for a year and a half); and – A one-year license suspension from the date of the arrest. Note that you may apply for a restricted license if you install an IID in your automobile. A restricted license lets you drive to and from work and run necessary errands. Your 3rd DUI in California A third DUI offense in California occurs when you have a third DUI conviction within ten years of two prior DUIs. Penalties substantially increase. These may include: – Up to five years of supervised probation; – A fine upwards of $3,000. – 120 days to one year in jail; – Third-time DUI school for approximately 30 months; and – A three-year license suspension—however, you may apply for a restricted license after 18 months if you install an IID in your automobile. In addition, your automobile insurance can go up thousands of dollars after your license is reinstated. If your DUI is charged as a felony, your automobile is subject to forfeiture. Note that the penalties for a felony DUI are more severe. A felony DUI occurs when the intoxicated driver (1) injures or kills a third party, (2) has a prior felony DUI, or (3) receives their fourth DUI. Alternatives to Jail After a Third DUI How to avoid jail after 3rd DUI in California may involve convincing a judge to approve one of several alternative punishments. While a 2nd or 3rd DUI offense in California carries a mandatory jail sentence, judges in California have the discretion to substitute house arrest, work release, or rehab for jail time. However, convincing a judge to substitute alternative sentences in place of jail time is not always easy. Don’t go it alone. An experienced lawyer will negotiate with the prosecutor on your behalf and present a compelling case before the judge. Can I Fight My DUI Charges? If you are facing charges for a 3rd DUI offense in California, you may be able to reduce them to a lesser offense or potentially have them dismissed outright. Common DUI defenses include: – Officer lacked reasonable suspicion to make the traffic stop; – Officer lacked probable cause to arrest you for DUI; – Officer improperly administered the field sobriety test; – You suffered a medical episode misidentified as intoxication; – You had a contaminated blood sample; and – The breathalyzer device was defective. Experienced in Fighting DUI Charges How to avoid jail after a third DUI in California will vary based on your case. You risk your future going it alone in court. Attorney Mark Greany has over 20 years of experience successfully resolving cases involving DUI offenses. He will work to achieve the best possible outcome for your case, no matter where you stand. Contact the Law Office of Mark Greany for a free consultation today.

DUI

Driver’s License Suspension After First DUI in California

Apr 23, 2021 | By Mark Greany | Read Time: 3 minutes

A conviction for a California DUI comes with many potentially life-changing consequences, even if it is your first conviction. Of course, the punishments for a first-time DUI can include probation, DUI school, fines, and even jail time. However, for first-time offenders, one of the most concerning elements of a DUI conviction involves the suspension of their driver’s license. When you are arrested for a California DUI, there are two types of legal proceedings that will take place. The first is a criminal trial in which the prosecution will try to prove that you drove under the influence. If a judge or jury finds you guilty, you will face criminal penalties which can include probation and possibly incarceration. The second type of proceeding is an administrative DMV license suspension hearing. Administrative DUI License Suspension in CA When the California DMV receives word that you were arrested for DUI, it is required to suspend your license if: You took a blood or breath test indicating your blood-alcohol content (BAC) was .08% or more; or You refused a chemical test. At the time of your arrest, the arresting officer will confiscate your driver’s license. However, the DMV allows you to drive for 30 days so long as your license is not expired or previously suspended for any other reason. If you are 21 or older, the DMV will suspend your license for four months if you took the test but failed. However, if you are a minor or refused a chemical test, the DMV suspends your license for one year. The period of suspension begins after the 30-day grace period mentioned above. However, you have 10 days from the date of suspension to request an administrative hearing. The administrative hearing is an opportunity for you to explain why the DMV should not suspend your license. While you may qualify for a restricted license, you cannot request a restricted license at the administrative hearing. There are two types of restricted licenses in California. You can either agree to place an ignition interlock device on your vehicle or apply for an employment/treatment program. You can pursue each of these options by visiting the DMV office. However, to qualify for a restricted license based on your participation in an employment/treatment program, you do have to first serve 30 days of your four-month suspension. At the conclusion of the four-month suspension period, you can apply to reinstate your driving privileges. However, it is important to remember that these suspensions deal only with the administrative portion of a DUI arrest. A criminal conviction for a California DUI may result in a separate suspension. Contact a California DUI Lawyer for Immediate Assistance If you were recently arrested for a DUI and have questions about the laws surrounding DUI license suspension in CA, contact the Law Office of Mark Greany. Attorney Greany is a veteran criminal defense attorney with extensive experience representing clients facing DUI charges throughout San Diego County. He also represents clients charged with driving on a DUI suspended license. Attorney Greany is passionate about defending the rights of individuals charged with crimes and does everything he can to secure the best possible result for each of his clients. To learn more, and to schedule a free consultation with Attorney Greany, call 858-531-6387 today. You can also connect with him through the firm’s online form.

DUI

Second DUI in San Diego, California—Laws and Remedies

Apr 11, 2021 | By Mark Greany | Read Time: 3 minutes

If you’re arrested for a second offense DUI in California, the best advice we can give you is to call a lawyer. California has a 10-year lookback period. That means any DUI arrest within 10 years of a first DUI or wet reckless conviction is considered a second offense. It doesn’t matter whether it’s one or nine years later—you’ll face harsher penalties. By reaching out to a San Diego second DUI lawyer, you have a better chance of avoiding a conviction. The Law Office of Mark Greany will fight hard to win a reduction, dismissal, or acquittal. Depending on the circumstances, he may fight for you to receive the treatment you need to overcome alcohol use disorder instead of sitting in jail. Call Mark Greany at (858) 531-6387 or send us your information through our online form to schedule your free consultation. What Is a Second DUI in California? Under California Vehicle Code §23152, the police can arrest you for a DUI if you drive: – Under the influence of any alcoholic beverage; – While your blood alcohol content (BAC) is 0.08 or higher; – While addicted to the use of any drug; – A commercial vehicle with a BAC of 0.04 or higher; – Under the influence of any drug; or – Under the combined influence of alcohol and drugs. A second California DUI is any alcohol or drug-related DUI arrest within 10 years of your first DUI conviction. If you plead your first DUI down to a wet reckless (reckless driving involving alcohol or drugs), that counts as a first DUI conviction. If you aren’t sure whether your recent arrest counts as a first or second DUI, give the Law Office of Mark Greany a call. We’ll calculate the lookback period for you. What Happens After a Second DUI in California? Once you’re arrested for a DUI, the police officer will book you into jail. They will ask you to submit to a breath test, and under California’s implied consent law, you must submit or be penalized. If you refuse, the Department of Motor Vehicles will suspend your driver’s license. The DMV also suspends your license if you take the test and: – You are on DUI probation and had any alcohol in your blood; – You were driving a commercial vehicle and had a BAC of 0.04 or higher; or – You were at least 21 years old and driving a personal vehicle and had a BAC of 0.08 or higher. If you refused to take the test, a first refusal is a one-year suspension while a second refusal is a two-year suspension. Add a year if you were on DUI probation. If you were over the legal limit during a second DUI arrest, you would face a one-year license suspension. The officer will give you an Order of Suspension/Revocation and a temporary driver’s license, which is valid for 30 days. You have 10 days from the date you receive the order to ask for an administrative hearing about the driver’s license suspension. This is one reason to contact a San Diego DUI lawyer immediately. What Is the Penalty for a Second DUI in California? A second DUI is a misdemeanor like a first-time DUI in California, but it comes with harsher penalties. If convicted, you face: – Up to five years of summary probation; – A mandatory 96 hours and up to one year in jail; – Thousands of dollars in fines, court costs, and fees; – An 18 or 30-month DUI education course; – Mandatory installation of an ignition interlock device for one year; and – License suspension for up to two years (separate from your civil license suspension). Other possible penalties include paying restitution to victims of a drunk driving accident, participating in a Mothers Against Drunk Driving Victim Impact Panel, receiving drug or alcohol treatment, or community service. Keep in mind that these are the minimum or maximum possible penalties. Your potential sentence depends on numerous factors, including the strength of your defense. Even if you believe you’ll be convicted or accept a plea deal, a San Diego DUI lawyer can help you lessen the consequences of a conviction. Hire a DUI Lawyer to Defend You It’s possible to vigorously defend against a second DUI in California. The best way to do that is to work with an experienced San Diego criminal defense attorney like Mark Greany. He has a network of investigators, toxicologists, and other professionals who can help build your defense or devise a creative solution to your case. Above all, he focuses on helping you avoid incarceration. You can reach out to the Law Office of Mark Greany online or at (858) 531-6387.

DUI

DUI in California – First Offense

Apr 3, 2021 | By Mark Greany | Read Time: 4 minutes

If you have been arrested for a DUI in California and have never been arrested before you may not know what to expect. Not knowing what will happen as a result of this arrest is probably creating a lot of stress. The law office of Mark Greany has helped many good people who have been in this situation. Mr. Greany will help you through every step of the process and will help you avoid so many of the pitfalls that can be in your way if you are not well represented. A DUI case in California is really like two cases in one. There are two separate proceedings: one in the California Court brought by the District Attorney’s Office, and another at the Department of Motor Vehicles, which is called an administrative per se (APS) hearing. Mr. Greany handles both of these for you from start to finish. Administrative Sanctions or a First Offense DUI It’s important to get started with an attorney right away. When you were arrested for a DUI you were required to surrender your driver’s license, and you were given a temporary license. This temporary license is only good until your APS hearing is conducted. It is extremely important that you do not delay dealing with this. You only have ten days from the date of your arrest to request a DMV APS hearing. Otherwise, your license will be automatically suspended. My law office can make the request for your hearing and will represent you at the hearing. Your temporary license will remain valid until the hearing is conducted. You have the right to request a DMV hearing to dispute the automatic suspension of your license. However, the DMV will not automatically provide you with a hearing. You must request one within ten days of your arrest. At the hearing, you can challenge the circumstances of your arrest and the evidence that was collected to show that you were driving under the influence. For example, you may argue that the arresting officer lacked probable cause to believe you were under the influence. If the government claims you refused to take a chemical test, you may argue that the officer did not advise you of the consequences of such a refusal. There are many legal and scientific defenses available that need to be considered. At the hearing your license can be suspended by the DMV. In some cases the DMV action against your license can be “set aside” and your driver’s license will be returned to you. My law office knows what is required at the hearing for the DMV to suspend your license. If the DMV fails to make the proper case against you at the APS hearing, your license suspension will be set aside. If your license is suspended at the APS hearing the length of your suspension will depend on many factors. For example, if you refused to submit to a test to determine your blood alcohol content (BAC) test (usually a breathalyzer test or blood sample) your license could be suspended for a full year. Usually the DMV suspension for a first offense is four months. If your license is suspended you may be eligible for a restricted license that allows you to travel to and from work. You will need to serve a thirty-day hard suspension before you are eligible for a restricted license. Criminal Penalties for a First DUI in California In a separate proceeding, the government will also likely bring criminal charges against you in court. Unlike the administrative license suspension hearing, the government must prove that you violated the law by driving under the influence beyond a reasonable doubt. To do this, the government will call witnesses. Most often, this includes the arresting officer and the lab technicians who conducted the chemical test. If convicted of a DUI, you face penalties in addition to the administrative license suspension imposed by the DMV. These could include: – Three to five years misdemeanor probation; – Mandatory participation in a “DUI school”; – Participation in a victim’s impact panel – Fines ranging between $1,500 and $2,000; – Several days of community service; – A six-month driver’s license suspension; – Additional insurance costs for SR-22 certificate; – Installation of an ignition interlock device; and – Up to six months in jail. As you can see, the consequences of a DUI conviction can seriously disrupt your life. However, there are defenses to California DUI charges. An experienced criminal defense attorney can help you understand the possible defenses and which may apply in your case. Have You Been Arrested for a First Time California DUI? If you were recently arrested for your first California DUI, reach out to the Law Office of Mark Greany for immediate assistance. Attorney Greany is a skilled criminal defense attorney who is passionate about defending the rights of people facing DUI charges. He has extensive experience securing favorable results for his clients both in and out of the courtroom. To schedule a free initial consultation with a dedicated California DUI lawyer, call 858-531-6487 today. You can also complete our online form and an attorney will be in touch soon.

Domestic Violence

Is Domestic Violence a Felony in California?

Mar 22, 2021 | By Mark Greany | Read Time: 3 minutes

If you have charges because of an argument between you and your domestic partner, you may wonder, Is domestic violence a felony? This is an important question to ask. If you are worried that you face felony charges, then you need to act fast—the answer could have huge consequences for you and your family. San Diego domestic violence defense attorney Mark Greany understands your concerns. He has successfully handled hundreds of domestic violence cases. By using his vast resources, negotiating abilities, and trial skills, Mark has achieved tremendous results for families throughout the San Diego area. What Is Domestic Violence? California Penal Code 13700 defines domestic violence as abuse that happens between people involved in certain relationships. Abuse is any intentional or reckless act in which someone causes or attempts to cause bodily injury or places another person in fear of bodily injury. This definition is broad and covers many acts. However, police can’t bring domestic violence charges in California unless there is a domestic relationship between the parties. Penal Code section 13700 lists the relationships that fall under the domestic violence statute. They are: – Spouses or former spouses; – Current or former cohabitants; – People who have a child together or who are expecting a child, even if they never lived together; and – People in a dating relationship or who were formerly in a dating relationship. Under this law, the term “cohabitant” means more than a roommate. Cohabitants share expenses or income, have a sexual relationship, or hold themselves out as spouses even though they aren’t married. It is important to understand the definition of domestic violence because the stakes are so high for you and your family. Your San Diego domestic violence defense lawyer can explain the law to you in greater detail. When Is Domestic Violence a Felony? Domestic violence charges in California can either be a misdemeanor or a felony. The prosecutor will look at the facts of the case and your record to determine the charges you should face. Prosecutors will issue felony charges if the facts and your criminal record support that decision. You could face felony charges under California Penal Code 273.5 if the prosecution alleges that you caused a bodily injury that results in a “traumatic condition” to the victim. A traumatic condition is a wound caused by physical force under California law. Your previous record plays a role in deciding whether you should face a charge of felony domestic violence in California. For example, a conviction for domestic violence battery under California Penal Code 243(e)(1) is usually a misdemeanor. The maximum sentence is one year in jail and a fine of up to $2,000. However, if you have a conviction for domestic assault under California penal code 243 within the last seven years, then you could face a felony charge. The period of incarceration for felony domestic violence varies. You could spend either two, three, or four years in the state prison or up to one year in jail if convicted. The judge could issue a fine of $6,000 as well. Act Now to Protect Your Rights! A felony conviction can ruin your life and your family’s lives. You could lose your freedom and so much more. Call the Law Office of Mark Greany today at 858-531-6387 to get the help you need. Mark will answer your question about when is domestic violence a felony and any other concerns you might have. Your future hangs in the balance. Mark will use his passion for protecting civil liberties along with his extensive knowledge and experience to fight for the best possible outcome.

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