FAQ

“The penalties for marijuana possession and/or sales in California have been lowered. For possession, if you have less than 20.5 grams, which is less than an ounce, the law has changed. That’s a simple infraction. It’s not a criminal conviction anymore.

If you have more than that, I believe they now would look at that as you’re selling the marijuana, especially if you have other indicia of sales, like scales, or baggies and things like that, or they look into your phone and they see text messages. The penalties for something like that ‑‑ you could be on formal probation with some jail time or house arrest.

If you have priors, or if you have a large amount of marijuana, you could even do county jail prison time. There’s no state prison time anymore because the law has changed, but you can do county jail prison time, depending on the amount of marijuana that you have in your possession.” – Philip Greenberg

If you are facing felony or misdemeanor charges, exercise your right to remain silent and enlist help from a skilled criminal law attorney. Understandably, you may feel compelled to tell law enforcement your side of the story. Even a slight detail could be used to incriminate you. Act quickly to hire an experienced Riverside criminal law attorney.

At the law firm of Greenberg, Greenberg & Kenyon, we can develop an aggressive defense strategy no matter how serious the charges. We offer more than 50 years of experience.

Our firm’s defense attorneys were former district attorneys. We know firsthand how cases are developed and the right steps to take in building an aggressive defense strategy. Let us be your shield contact us today to schedule a free initial consultation.

70+ Years of Criminal Law & Litigation Experience

For decades, the attorneys at our law firm have practiced exclusively in the area of criminal defense. We offer a substantial background of presenting an aggressive defense strategy for clients facing any criminal allegations, including:

• Drunk driving
• Sex crimes
• Felony DUI and vehicular manslaughter
• Domestic violence and elder abuse
• Shoplifting, theft, and armed robbery
• Car Accidents
• Truck Accidents
• Sexual Assault
• Marsy’s Law Advocacy
• Nursing Home Abuse Malpractice

We are skilled defense attorneys who evaluate criminal charges from every possible angle. We devote substantial time to conduct a thorough investigation in each and every case. The attorneys at our firm seek to develop an aggressive defense strategy based on any weaknesses or inconsistencies in the prosecution’s evidence.

OFFERING A SKILLFUL, CREDIBLE APPROACH

Our firm has gained credibility with prosecutors, judges and law enforcement in Southern California. When appropriate, we have the ability to work with the district attorney’s office in protecting your rights even before charges are filed against you. The attorneys at our firm also know how to effectively present your case before a judge or jury. We will demonstrate the positive steps you have taken through rehabilitation programs, counseling, therapy and community service when negotiating for a lower sentence.

Schedule a Free Initial Consultation

Whether you are accused of child molestation or DUI/DWI charges, contact a skilled criminal defense attorney who can make a difference in your case. We offer free initial consultations and calls are answered 24 hours a day at (951) 574-2281.

If you are convicted of a sex crime in Riverside, California, you will likely be required to register with local law enforcement agencies as a sex offender. Your name and possibly your contact information will be listed on the registry, which is available to the public through Megan’s Law. Megan’s Law made it possible for the public to access information that had previously been available only to law enforcement agencies. The law was born from the case of a New Jersey girl named Megan Kanka. A known child molester who had moved in across the street from Megan’s home raped and killed her. The law was enacted in New Jersey but was adopted by all states including California.

Related to Megan’s Law is Jessica’s law named after Jessica Lunsford from Florida. Jessica was also raped and killed by a convicted sex offender. Based on Jessica’s Law, California increased penalties for sex offenders, extended parole for some sex crimes, expanded the definition of some sexual offenses, required lifetime GPS monitoring for offenders judged to be high risk, and prohibits sex offenders from living within 2,000 feet of a place where children gather or a school. The last provision is especially difficult for registered sex offenders as the number of schools, public parks, and other “places where children gather” is extremely high in California.

Your Duties Under the Sex Offenders Registry

One you are convicted of a California sex crime, you will be on the sex offenders registry for the rest of your life. The California Department of Justice oversees the Sex Offender Tracking Program and maintains the online list of registrants. Depending on the crime, your name, address, picture, and offense will be listed on a website for the public to access. You will be required to contact the local law enforcement agency closest to your residence within five days of your sentence (if no prison time is ordered), your release from custody, or your discharge from a mental institution or hospital to registry.

You must notify the local law enforcement agency every time you move and contact the agency every year on your birthday. As discussed above, the last duty is to reside a minimum of 2,000 feet from any parks, schools, or other places where children gather. This duty is particularly difficult for many people on the registry because they must research any area where they want to live before moving there.

Unfortunately, once you are listed on the Riverside, California, sex offender registry, your neighbors can look you up. You are viewed as a threat in the neighborhood and subjected to shame, and in some cases, harassment. Even though you have been convicted of a sex crime, you have rights just as any other person. In order to protect your freedom, you need to consult with an experienced Riverside, California, criminal defense attorney to discuss your rights as well as the possibility of your removal from the sex offender registry.

Removal from the California Sex Offender List

Getting your name off this list, and therefore the public website, can mean the opportunity to move forward and resume a normal life. Being on the list can have a negative impact on your entire life and place a stigma on you that even your family and friends do not want to associate with you. It can affect your employment by limiting the types of jobs that are available to you. However, an experienced Riverside, California, criminal defense lawyer can apply to have your named removed from the website.

Depending on the type of sex crime you were convicted of, you may qualify for a Certificate of Rehabilitation under Penal Code sections 4852.01 through 4852.21. If you are successful, you will no longer be required to register on the sex offender list. In order to be eligible for a Certificate of Rehabilitation, you must:

• Be a resident of California for a least five years;
• Have been living an “honest and moral” life for the past 10 years since your release from custody, probation, or parole;
• Not be in custody, on parole, or on probation for any reason; and,
• There are no criminal charges pending against you at the time of the petition.

A hearing will be held before a judge to hear testimony regarding your petition. The state may or may not object to your petition. If you can convince the judge that you are no longer a threat, your name can be removed from the sex offender registry and your requirements on Penal Code 290 are relieved forever.

Your attorney can also file an appeal of your conviction if there are grounds that would make your conviction unlawful. Another option is to file a habeas corpus motion asking that the conviction be set aside because you were not properly informed of the sex registration requirement. In People v. Zaidi, a California appellate court overturned a conviction because the man was not advised of the sex registration requirement.

Contact an Experienced Sex Crimes Attorney in Riverside, California

If you or a family member has been charged with a California sex crime, it is very important that you seek immediate counsel from an experienced criminal defense attorney. Your chances of avoiding conviction are greater if you retain an attorney with experience in this area of law immediately after you are arrested or charged, or if you anticipate being arrested or charged with a crime.

The attorneys at Greenberg, Greenberg & Kenyon are former district attorneys with over 50 years of experience in criminal law. Our attorneys use the knowledge they gained as district attorneys to aggressively represent their clients against sex crime charges. You can contact our office at (951) 574-2281 to schedule a free consultation with one of our skilled criminal defense lawyers. Someone is available to answer your call 24 hours per day. Our attorneys will conduct a thorough investigation in order to develop a strong defense strategy to protect your freedom.

Facing a DUI charge in California is almost always a stressful situation. Knowing what to expect can ease this stress, and help you prepare to fight the charges. Knowing this, we have compiled a list of our most frequently asked questions and their answers regarding DUI offenses. We hope you leave with a better understanding of how the California DUI system works, as well as the important role a California DUI attorney can play in ensuring the best outcome for your case.

If you plant to fight a DUI in Southern California, Greenberg, Greenberg & Kenyon can help. Call (951) 574-2281 today to get started.

What is the court process like after a California DUI Arrest?

Your arraignment is your first court appearance. During this appearance, the judge will read the charges against you and have you enter your plea(s). If you plead guilty, you will receive your sentence and your case will be over.

A not-guilty plea is the beginning of the pre-trail phase of your case. During this process, we will secure and analyze the evidence against you, obtain police reports, chemical test results, and if necessary hire experts to testify about the maintenance of chemical testing instruments and similar topics, and prepare your overall defense.

There will also be pre-trial negotiations. These negotiations have three probable outcomes: we obtain a reduced charge from the prosecution; and/or a reduced sentence from the prosecution; or we obtain a complete dismissal.

If the prosecution refuses to agree to a pre-trail resolution, we can set your case for trial.

What are the potential penalties for a DUI in California?

The penalties for a California DUI vary depending on the facts of your case and your criminal record. If you have a previous DUI conviction in the last decade, you can expect harsher penalties.

Regardless of whether this is your first, second, or third DUI, the arresting officer will confiscate your driver’s license. After confiscation, the officer will give you a temporary license that allows you to drive for 30 days. After 30 days, the California Department of Motor Vehicles (DMV) will suspend your license automatically unless you successfully challenge this suspension with the DMV. This is an administrative action totally separate from your criminal case in court.

If you plead guilty or the jury finds you guilty of a DUI, you can expect:

• To spend up to a maximum of six months in a county jail
• $390 to $1000 in fines
• A possible license suspension
• Three to nine months of classes in one of California’s Driving Under the Influence programs
• An ignition interlock device if convicted in Alameda, Los Angeles, Tulare, or Sacramento county

It is important to note that these penalties apply only to first time offenders; you can expect much more serious consequences if you have a previous DUI conviction on your record in the last ten years.

How can I challenge the automatic license suspension?

You have ten days to request a DMV hearing after the confiscation of your driver’s license. Requesting a hearing delays the suspension pending the outcome of that hearing. While you can certainly represent yourself at this informal hearing, having a DUI defense lawyer on your side can increase your chance of successfully appealing the suspension.

It is important to note that this administrative suspension is separate from any suspension that occurs if you receive a DUI conviction. This means that even if you successfully avoid the DMV suspension, you might later face a license suspension from the court.

What are some common DUI defenses?

After you plead not guilty at your arraignment, we will begin crafting your defense. While the defense we use will depend heavily on the facts of your specific case, some of the most common include:

• Challenging the accuracy of testing equipment
• Pointing out flaws in the police testing procedures
• Arguing that the testing results were inaccurate due to other factors
• Discovering illegal or improper behavior during your arrest, such as having no reason to pull you over or failing to read you your Miranda rights
• Evidence that shows you were not driving the vehicle

These defenses are important not only during the trial itself but during the pre-trial negotiation process. These defenses might prompt the prosecution to offer you a lesser sentence or drop the charges entirely.

How could a plea bargain help me?

One of the most common ways California DUI cases resolve is through a plea bargain during pretrial negotiations. After seeing the strength of your defense, the prosecutor is often more willing to consider other options to close your case.

Most commonly, the prosecution may offer to reduce the DUI to a lesser charge such as an alcohol-related reckless driving offense. We might be able to provide enough evidence to convince the prosecution to downgrade your charge to a simple traffic infraction or dismiss it entirely.

Why do I need an attorney after a California DUI arrest?

If you plan to fight a DUI in California, it is imperative that you have a skilled attorney on your side. Taking on the experienced prosecutors in Southern California requires a high level of knowledge about state and local DUI laws, legal testing processes, and common defenses against this type of charge.

Having a lawyer on your side can improve your chances of a positive outcome, from the DMV hearing (administrative license suspension) about your administrative license suspension all the way through to pre-trial negotiations and ultimately through trial.

Greenberg, Greenberg & Kenyon: Your Southern California DUI Attorneys

Greenberg, Greenberg & Kenyon helps drivers fight DUI charges in Riverside County and the Greater Los Angeles area. With offices in Riverside, we can help you navigate the DUI process from arraignment to trial. Contact or call us today at (951) 574-2281 to learn more.

Choosing a criminal defense attorney in San Bernardino, California may be one of the most important and vital decisions that you make during your lifetime. Depending on the crime, you could be facing expensive fines, a lengthy prison sentence, probation, mandatory attendance in a treatment program, mandatory drug and alcohol screenings, and/or several other penalties specific to the alleged crime.

A guilty plea or a criminal conviction results in a permanent criminal record that could keep you from getting the job that you want, living wherever you choose, and owning a firearm. The stakes are high; therefore, choosing an experienced criminal defense attorney in San Bernardino, California who has a record of obtaining excellent results, and who is experienced in criminal law, is vital to your freedom and your future.

Contact the criminal defense attorneys of Greenberg, Greenberg & Kenyon immediately at (951) 274-0003 to schedule a consultation with an experienced criminal defense lawyer who will guide you through the legal process and aggressively defend you throughout the judicial process.

Tips for Choosing a Criminal Defense Lawyer

Whether you committed the crime in San Bernardino, California or in another part of the state, the criminal defense attorney you choose should focus and concentrate his or her law practice solely in the area of criminal law that applies to your case. This ensures that the attorney has extensive experience representing clients facing similar charges; therefore, the attorney has spent countless hours researching relevant statutes and case law so that he or she understands the best defense strategy for this type of crime.

Other recommendations for choosing a criminal defense attorney in San Bernardino, California include:

• Making a list of potential attorneys – Ask friends, neighbors, and family members for recommendations. If you are uncomfortable asking these individuals, ask other attorneys who they would recommend. Get as many names as possible to begin your search.

• Research your list – You need to begin narrowing the list by researching the attorneys. Read the information on each attorney’s website, note if they practice the area of law that applies to your case, note if they practice multiple areas of law (i.e. family law, real estate, personal injury, etc.). Again, you want an attorney who focuses solely on criminal defense. Read the attorney’s biography page — how long has he been practicing, etc. Begin narrowing your list according to the information you gain through your research.

• Call the attorneys on your list – Reduce the number of potential candidates by calling their office and asking to speak to them by telephone. If you are unable to reach the attorney because the attorney is “always” too busy to take telephone calls, this may be an indication of how difficult the attorney will be to reach once you retain him or her. This is not a perfect indicator because attorneys who are successful can be quite busy; however, it can help you shorten your list to just a few names.

• Meet with several attorneys in person – This is your life and your future; therefore, take the time to “interview” several potential attorneys before choosing an attorney to represent you. Does the attorney seem to care about your story? Is he interested in what you have to say about the events that led up to the criminal charge? Do you feel comfortable talking with this attorney? You must be able to trust this person and be comfortable communicating with this person. If you do not feel this connection, strike the attorney off your short list.

• Does the attorney have a strong support staff – A solo attorney may seem appealing because you will be dealing with the same person each time you contact the office; however, a strong legal defense often relies on a strong team of legal professionals, including investigators, paralegals, and administrative staff, to prepare your case for court. Ask to meet the staff that will be working on your case.

• Does the attorney have courtroom experience – Some criminal defense attorneys settle all of their cases without going to trial. This is not a good indicator of a strong criminal defense attorney. An experienced and competent criminal defense lawyer is a skilled negotiator and a strong trial litigator. You need an attorney who will not be afraid or hesitant to take your case to trial if that is in your best interest. Ask the attorney what his ratio is for settling cases versus trying cases in court.

Facing criminal charges is not the same as going to traffic court to pay a fine. You should not attempt to represent yourself in criminal court. The potential negative consequences of a criminal conviction are far too serious not to have an experienced criminal defense attorney protecting your freedom and your future.

For most people, one of the driving factors in choosing a criminal defense attorney is the cost. What you must weigh is the cost versus the potential outcome. Hiring a less experienced attorney may save you money, but it will likely cost you much more in the long run. Experience and knowledge may cost a bit more; however, it is well worth it if you are able to avoid going to prison and/or jail.

Contact an Experienced Criminal Defense Attorney in San Bernardino, California

Being charged with a crime is a serious matter regardless of the offense. In order to protect your freedom and your future and help minimize the negative consequences of a criminal conviction, you need a criminal defense attorney who understands California’s criminal statutes and who knows the best way to defend you. You need a criminal defense lawyer who has extensive knowledge of the legal system and has extensive experience practicing before all of the California criminal courts.

Greenberg & Greenberg are the attorneys that you need on your side in your criminal case. We work diligently to favorably resolve your case. We will exert our best efforts at all times on your behalf. Contact our office to schedule your free initial consultation by calling (951) 574-2281 or by filling out the appointment request form at the top of the page.

“The consequences for domestic violence charge can be very severe. Domestic violence is a felony, depending on how the district attorney charges for particular individual. The crime is designated as 273.5 of the California Vehicle Code, and can carry four years, sometimes more, in state prison.
Even if you get probation, you could do a year in the county jail. There’s also the possibility on a felony charge of that nature, that you could be required, if on probation, to attend a domestic violence counseling class. You may have other terms and conditions of probation associated with that, including a criminal restraining order that you have no contact with the alleged victim.

Misdemeanors follow the same pattern, but there are not quite as severe of consequences for a misdemeanor.” -Criminal Defense Lawyer Daniel L. Greenberg

“If you plead guilty to a sex related offense in California, the short answer is, you’re going to be required to register as a sex offender for life. There is very little, if anything, that can be done to remove you from the registration requirement.
More importantly the effects of that, of having to register, is that it requires you to live within certain areas and says you can’t live in certain areas.

For example, there’s restrictions living near a school, living near a park where children might congregate. The consequences are very serious, and what the person must avoid is not pleading to a sex related offense and then they don’t have to worry about the registration requirement.” – Criminal Defense Lawyer Daniel L. Greenberg

Contact Greenberg, Greenberg & Kenyon today for exemplary legal representation.

“The differences for drug possession versus transportation and sales are basically the penalties.
For drug possession, if it’s your first offense, you can actually qualify for what they call PC1000 or diversion to where you plead guilty to the charge. They continue sentencing for a period of time and you take a class. If you complete the class and show the court that you completed the class, your plea will then be withdrawn and the case is dismissed.

For sales or transportation, penalties are much more severe. You have irreducible felonies on your record. You could be sentenced to county jail prison time, depending on the amount that you have. You can do a lot of time on house arrest or county jail time if you’re put on probation. Again, you have irreducible felonies on your record for life.” – Criminal Defense Attorney Philip C. Greenberg

Contact Greenberg, Greenberg & Kenyon today for exemplary legal representation.

“If you’ve been convicted of a felony in the past in California, under federal law, you will not be able to own or possess a firearm. However, state law in California, there are some cases that have come down that say if your case has been reduced from a felony to a misdemeanor and ultimately expunged from your record, that you can own or possess a firearm.
However, some jurisdictions or some district attorneys’ offices in California follow the federal guidelines, and, therefore, you should not own or possess a firearm if convicted of a felony in California.” – Criminal Defense Lawyer Philip Greenberg

Contact Greenberg, Greenberg & Kenyon today for exemplary legal representation.

“Felonies that require you to go to state prison would be any type of serious or violent felony. If convicted, you can do state prison time. If you have possession of a gun charge, that can send you to state prison.

Some type of domestic violent charge, depending on the felony domestic violence charge, you could go to state prison. If you get probation on those cases, you could do county jail time. There’s a possibility you wouldn’t get sentenced to state prison.

Or, if you’re convicted of a felony that is a non‑serious, non‑violent felony, like a drug case, or something like that, you could do county jail prison. Those charges don’t send you to state prison anymore, because the legislature changed the law.” – Criminal Defense Attorney Philip Greenberg

“The best way to give the distinction between a felony and a misdemeanor is to explain it in general. Felonies are much more serious violations, generally involve violent offenses, or, in a theft related situation, the amount of theft is going to be much greater than you would ever find in a misdemeanor. Misdemeanors are less serious, usually non‑violent.
There’s also the difference in punishment. In felonies, the punishment is more severe. On a felony, you, if convicted, will go to prison. You have that potential. In misdemeanors, you could only do your time in the county jail. That’s the essential difference between the two.” – Criminal Defense Attorney Daniel L. Greenberg

Contact Greenberg, Greenberg & Kenyon today for exemplary legal representation.

“The California three‑strike law basically allows a district attorney, if you have two prior serious or violent felonies on your record, and you’re now being charged with a serious or violent felony, they allow the district attorney to charge you with those two prior convictions. Now you’d be looking at 25 years to life in prison based on that new charge.

A serious or violent felony in California is basically an elevated felony or more serious felony like robbery, carjacking, murder, attempt murder, a kidnapping. Just more serious felonies. Those convictions can affect a sentence if they charge you with a third strike, 25 to life. If you just have one prior strike, and you’re facing a new felony, they can actually double any sentence that you have. It’s mandatory state prison time.” – Criminal Defense Lawyer Philip Greenberg

California Three-Strikes Law

If you are suspected of committing a violent crime in San Bernardino or Riverside, secure experienced legal help immediately. California takes an aggressive stance against repeat offenders. Every violent crime is a strike against you. For example, the penalties will double if you have one strike against you and then become convicted of another charge.

When the stakes are high, entrust Greenberg, Greenberg & Kenyon to develop an aggressive defense strategy to protect you from your third strike. Our law firm offers more than 50 years of experience defending repeat offenders in Riverside. The defense attorneys at our firm were former district attorneys.

We have a firm understanding of California’s three strikes law. We know the right steps to take in securing your rights and mitigating any potential punishment (jail or prison).

If you have one strike on your criminal record, you will be susceptible to increased penalties if convicted in the future. Act quickly to secure your rights with an experienced San Bernardino and Riverside criminal defense attorney from our law firm. During a free initial consultation, we will address your potential penalties and your legal rights and will develop an effective defense strategy. California’s three strikes law applies to any serious or violent felony, including:

• Felony DUI conviction (with great bodily injury)
• Vehicular manslaughter
• Sex crimes
• Murder and manslaughter
• Assault and battery
• Robbery

The three strikes penalties are very severe, even if the new charges are not serious or violent felonies. Any felony charge following a violent crime (strike) will result in increased punishment, including a much longer prison sentence. We will act quickly to minimize any potential punishment by pursuing a dismissal or reduced charges.

Defense Against a Third Strike in San Bernardino and Riverside

If the initial felony charges cannot be dropped, we will still strive to have the strike allegation(s) dismissed. We will seek to illustrate why the three strikes law should not be applied against you. For example, if your prior felony conviction was more than 10 years ago, we will explain to the judge and prosecutor why your current charge(s) should not be punished under the strikes law.

We will also demonstrate your involvement in the community, your family support system, and your ability to hold a job when seeking to illustrate that you are not a career criminal. If we were able to successfully have your strikes dismissed, you will no longer face 25 years to life in prison.

Contact  today for exemplary legal representation.

“They pertain to the constitutional mandate by our Supreme Court that a person when they are arrested and confirmed by law enforcement have a right to remain silent and not answer any questions. That’s what you see a lot on television. Miranda Rights means that a person should not answer any questions.

The police will give them those rights and the person who is arrested because they’re already the focus of suspicion. The police believe they did something wrong, or they wouldn’t be giving them the Miranda Rights. The person then has to say, “I don’t want to answer any questions. I want to speak to a lawyer,” and call the law offices of Greenberg, Greenberg & Kenyon, so we can help you from there.” – Criminal Defense Attorney Daniel Greenberg

Contact Greenberg, Greenberg & Kenyon today for exemplary legal representation.

“First of all, when you’re arrested, the best thing to do would be to call the offices of Greenberg, Greenberg & Kenyon. Assuming you don’t think about that, the best thing to do when you’re arrested, is to remain silent. You already are the focus of the police attention, you do not want to answer any questions. Exercise your constitutional rights to remain silent. Don’t say anything, and ask for a lawyer. That’s the best thing to do.” – Criminal Defense Attorney Daniel L. Greenberg

Contact Greenberg, Greenberg & Kenyon today for exemplary legal representation.

“A police officer, if they suspect you for driving under the influence or being intoxicated while driving are going to look for, number one, how’s your driving? Are you weaving in and out of the lane? Are you using your signals? Are you, maybe, making a turn too wide? Or maybe hitting a curb? Things like that. They’ll look for that, number one.

Number two, if it’s late at night and, let’s say, they’re just following your vehicle they just want to find a reason to pull you over to maybe investigate whether you are intoxicated because many people driving home late at night, they’re usually going maybe home from the bar.

And so, a lot of times they’ll find a reason to pull you over. “Hey, his window is broken. His windshield is broken. There’s a tail light out. There’s a headlight out or he didn’t turn his headlights on,” you know, things like that. That’s what to look for to find a reason to pull you over.” – DUI Defense Philip Greenberg

“Field sobriety tests are a series of tests that an officer will conduct if he believes you could be under the influence or driving under the influence.

These tests can range from anything like tilting your head back, closing your eyes, and estimating 30 seconds to yourself; lifting your foot off the ground, pointing your toe, and counting from 1000 to 1030; the finger to nose test; or, like everyone’s heard of, is the walk the line test or heel to toe test.

If you fail those tests or the officer believes you can’t drive a vehicle like a reasonable prudent person, they will then place you under arrest and take you down to the station to conduct what they call a chemical test, a blood or a breath test that measure your blood alcohol content.” – DUI Defense Attorney Philip Greenberg

Contact Greenberg, Greenberg & Kenyon today for exemplary legal representation.

“A breathalyzer is a machine that you blow into, that measures your blood alcohol content. If you are arrested for suspicion of driving under the influence, the officer will advise you that you have an option of two tests, a blood test or a breath test.
The breathalyzer is the breath test, and the blood test basically measures the same thing, your blood alcohol content.
If you refuse both those tests, then the officer will advise you that that will be considered a refusal by the Department of Motor Vehicles, and you will lose your license for one year.
I would advise anyone to go ahead and submit to one of those two tests. We will be able to then fight to try to keep their license depending on what happens, and if they’re cited for driving under the influence.” – DUI Defense Lawyer Philip Greenberg

“If you are convicted in court of a driving under influence, you will lose your license. You could’ve lost your license already if you lost your license through the Department of Motor Vehicles and their APS or administrative per se hearing. That lasts for four months. Then, you can get a restricted license after the first 30 days if you have an SR‑22 which is a special type of insurance, proof of enrollment in alcohol program and $125.

If you’re convicted in court of the DUI, you then get to suffer further suspension. However, if you already have the restricted license, your license will then be restricted for the rest of the suspension period. That’s if it’s a first DUI. If you have a second or a third, the suspension can last for much longer and have no restricted license.” – DUI Defense Attorney Philip Greenberg

Contact Greenberg, Greenberg & Kenyon today for exemplary legal representation.

“The legal limit in California for any adult, that’s somebody over 21, is 0.08 or above. The legal limit is 0.08. It is not uncommon for prosecutors to prosecute a DUI when the blood alcohol is even less than that.

For minors, the blood alcohol level is 0.05 but it’s also not uncommon for prosecutors if somebody, a minor, has a 0.04 to try to convict them as an impaired driver as opposed to having a certain blood alcohol level.

The other thing minors have to be concerned about is if you’re a minor in California and you’re driving with any alcohol in your system, 0.01 or more, the Department of Motor Vehicles will seek to suspend your driving privilege for one year, regardless of what happens in court.” – DUI Defense Lawyer Daniel Greenberg

Contact Greenberg, Greenberg & Kenyon today for exemplary legal representation.

“The consequences for a person who’s convicted as a first‑time offender in California are pretty much the same from county to county. The maximum punishment is six months in the county jail. The minimum could be 48 hours. There is also a fine, which is pretty standard throughout Southern California. That’s around $2,000. There is also the possibility of losing your license for six months.

For repeat offenders, it’s much more severe. The consequences go up proportionately based on a second or third offense. The fines are relatively the same. The actual jail time can go up to a year, and many courts are inclined to do that if you’re a third‑time offender. Also, you face mandatory loss of your license for a year or sometimes more.” – DUI Defense Attorney Daniel Greenberg

You probably know that if you receive a DUI conviction in California, you could face serious consequences including fines, license suspension, and jail time. But — to protect yourself during and after arrest — there are a few more things you need to know about the DUI process in California:

1) 0.08 is Not the Only BAC You Need to Be Aware Of

Like other states, a blood alcohol content (BAC) of 0.08 percent is the legal limit for all drivers over the age of 21. However, drivers under the age of 21 must adhere to a much more stringent limit.

Because of a zero-tolerance policy, underage drivers who test at 0.01 percent or higher can receive a DUI. This level is so low that even a single drink could push those under the age of 21 over the legal limit. This limit also applies to those who are already on probation for a previous DUI or other alcohol-related violations. Also, if you are under the age of 21 and test at 0.01 percent, you can have your driving privilege revoked for one year.

There is also another BAC level that is important to be aware of. At double the legal limit — 0.16 percent — California significantly increases the fines and other penalties associated with a DUI conviction.

2) By Driving, You Consent to BAC Testing

California has an implied consent law, meaning that if you drive in the state, you consent to take a BAC test if a police officer suspects you may be intoxicated. You can refuse to take a breath or blood test, but you will face significant penalties for doing so. This includes a mandatory suspension of your driver’s license, without the option to file for a restricted license.

It is important to note, however, that you can legally refuse to take any field sobriety tests, known as Preliminary Alcohol Screenings (PAS), including breath tests. The implied consent laws only apply once you are under arrest.

3) Breathalyzers Are Not Always Accurate

Police officers often use breath tests to determine BAC — commonly known as a Breathalyzer — to check a suspected drunk driver’s blood alcohol percentage. While officers often use these findings in court, they are not as accurate as a blood test.

They must be carefully calibrated, and a wide range of factors can cause them to produce incorrect readings. Police officers — in most cases — cannot draw blood to test your BAC without your consent. Only trained, certified medical professionals can draw blood. Most police stations will have someone on hand to do this or will ensure you see someone who can. These professionals include:

• Doctors
• Paramedics
• Registered nurses
• Licensed vocational nurses
• Clinical laboratory scientists or bioanalysts
• Certified phlebotomy technicians

4) You Lose Your License Immediately

When a police officer puts you under arrest for DUI in California, he or she takes your license at the time of the arrest. This begins an administrative suspension, overseen by the California Department of Motor Vehicles (DMV). This suspension is separate from any sanctions handed down by the judge when your case goes to court.

To clear this administrative suspension, you need to schedule a hearing with the DMV within ten days of the arrest to present evidence that you were wrongly accused or wait until your criminal case is resolved. If you lose your administrative appeal or wait until your case settles, you must pay a $125 fee before the DMV will reissue your license.

5) Expect to Attend California DUI Classes in Addition to Other Penalties

Expect penalties in addition to jail time, fines, and probation. Four California counties (Alameda, Los Angeles, Tulare, and Sacramento) require ignition interlock devices for all convictions, and others use them regularly for repeat offenders.

California also requires all drivers convicted of a DUI or related offenses to attend one of its approved DUI programs — as well as pay the associated fees.

These programs provide education and awareness on the dangers of DUI, and the amount of time they last depends on your offense. For example, a wet reckless conviction (i.e., reduced plea agreement) may call for only a 12-hour class. A first DUI offense requires a 30-hour class, and those that have multiple convictions or a BAC over 0.16 may have to attend up to 18 months hours of classes.

These classes can cost $1,000 or more, and these fees are separate from any court-imposed fine or other fees you must pay.

Greenberg, Greenberg & Kenyon: DUI Defense Attorneys in Southern California

Greenberg, Greenberg & Kenyon has offices in San Bernardino and Riverside. If you are facing DUI charges in Riverside County and the Greater Los Angeles area, we can help. Contact us today at (951) 574-2281 to schedule a consultation and learn more today.

“If you have been convicted of driving under the influence in California and it’s your first offense, you can get what they call a restricted license.

If you have an SR‑22, which is a special type of insurance, proof of enrollment in an alcohol program, and $125, the Department of Motor Vehicles will then give you a restricted license. That will allow you to go to and from work, to and from your alcohol program, and to and from school. Otherwise, you’re not supposed to be driving.

You can also, if it’s maybe your second or your third offense, because if it’s a second or a third, you are not eligible for a restricted license, you can apply for what they call a critical need. But those are extremely difficult to get through the Department of Motor Vehicles.” – Philip Greenberg

Like the rest of the nation, the legal limit for drivers over the age of 21 in California is .08 percent BAC. There is now a federal standard of .08 because at or beyond this level, drivers have a substantially increased risk of an accident or another incident. At the legal limit, there are both physical and cognitive effects of alcohol that affect your ability to drive:

Physical Effects

At .08 percent BAC or above, a driver may experience major problems with:

• Balance
• Hand-eye coordination
• Speech and hearing
• Vision and tracking
• Reaction time

Cognitive Effects

At .08 percent BAC or above, a driver may experience cognitive challenges including:

• Lowered inhibitions and problems with self-control
• Issues with memory, including short-term memory loss
• Limited concentration and focus
• Poor judgment and reasoning
• Problems reacting properly to hazards
• Issues with perception

Beyond this level, driving skills can be significantly impaired. Issues with unreliable coordination, lagging reasoning skills and reaction time, and issues with sensory processing make driving safely impossible.

Understanding the legal limit of .08 can help you make better choices about driving after having a few drinks. Nationwide, the .08 blood alcohol concentration (BAC) is a standard legal limit for drivers age 21 and over. Driving with a BAC at or above this level means you run the risk of being arrested or causing an accident that injures you or others.

While there are a number of factors playing into how many drinks you can have before you reach the legal limit, the number of shots, beers, cocktails, or glasses of wine is often much lower than people realize. The best choice is always to find another ride if you plan to drink. Even below the legal limit, alcohol will affect your ability to make safe driving decisions.

How Does Alcohol Affect a Person’s Ability to Drive?

According to Mothers Against Drunk Drivers (MADD), even one alcoholic drink begins to change the way your mind and body operate. As you drink more and your BAC rises, the effects of alcohol on the human body become more and more evident. Alcohol alters your mood, emotions, decision-making skills, and coordination.

With just one drink, you begin to lose your ability to follow moving objects with your eyes, lowering your ability to track the movements of other drivers or even stationary objects you pass while driving. It is harder to focus your eyes, making it even more difficult to see and respond to unexpected hazards while driving. It also becomes more difficult to multitask, so distracted driving becomes even more dangerous.

At the same time, you are less aware of the dangers around you and have less inhibition than you normally would have. Your judgment is not as sharp, and even if you make the right decision, there is no guarantee you will have the coordination to make the car do what you need to do to avoid an accident.

For example, you see a traffic light turn red, you apply the brakes, and stop. But a drunk driver might see the light but not have the appropriate judgment, reaction time, or coordination to stop the vehicle in time. The driver might run the light and cause an accident.

What Are the Potential Consequences of Driving with A BAC of .08 Or Above?

Many people think only of a drunk driving arrest when they consider the consequences of driving while over the legal limit. However, a driving under the influence (DUI) charge is far from the worst-case scenario.

Drunk driving accidents are all too common. In fact, the California Office of Traffic Safety reported 914 deaths in the state from drunk driving during 2015. This is an increase of more than four percent over the 2014 total of 876 deaths. When compared to traffic deaths overall, this number makes up 28.8 percent of all road fatalities in the state. There are also more than 23,000 injuries in alcohol-related accidents in California every year.

When the police stop you before an accident does, you may face jail time, thousands of dollars in fines, a driver’s license suspension, and other consequences. A DUI conviction can cause issues with keeping your job, continuing your usual activities, and put stress on your relationships with family and friends.

Discuss Your DUI-Related Concerns with A Southern California Attorney Today.

If you have questions or concerns about a DUI arrest in Southern California, Greenberg, Greenberg & Kenyon is here to help. Our team of attorneys have an office in Riverside. This means we can work with clients and their families in Riverside County, and almost anywhere else in the Greater Los Angeles area.

Call Greenberg, Greenberg & Kenyon today at (951) 574-2281 to schedule a time to talk to one of our Southern California DUI lawyers.