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Law Offices of Perez & Perez
 
Law Offices of Perez & Perez
Alex Perez

1440 North Harbor Blvd Suite 900
Fullerton CA 92835
(714) 961-1966

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Alt. Phone: (800) 400-0057


Our firm 

Roland Alex

Perez & Perez is dedicated DUI defense lawyer with a reputation for being aggressive. I produce results. I have helped thousand of clients move on with their lives after being charged with a DUI. We know how to find flaws with the cases. Perez & Perez is devoted to providing the highest level of legal services to all of our clients through our quality of legal representation. www.perezandperez.com/DuiLaw.aspx

Our firm is well recognized and insured, our staff is experienced and trained to serve you with the highest quality you expect and deserve. Perez & Perez has been a family run business with experience, an honest reputation, and a tradition of aggressive representation. We focus on meeting and exceeding the individual needs of each client. Our primary goal is to listen to you and understand your needs. You can have comfort in knowing your legal representation is being handled in a responsive and cost effective manner. We are flexible with our clients' needs and accept all types of credit cards and payment plans.

The practice of law requires personal attention and our office takes personal interest in each client; we put our extensive education and legal training to work in the courtroom for our clients.The partners of Perez & Perez are all seasoned litigation attorneys and experienced lawyers. We use our experience and “big firm" background and offer you the personal attention and responsive abilities of a smaller specialized firm, in order to get your results. 

We have two Office in Orange County:

Fullerton Office:

1440 N. Harbor Blvd., Ste.900, Fullerton, CA 92835

Santa Ana Office:

1651 East Edinger, Ste. 207, Santa Ana, CA 92705

We defend every type of Felony charges, including DUI. Because a person accused of drunk driving faces incarceration, you are afforded the right to have an attorney and the right to a jury trial. We feel that you should take advantage of these rights, regardless of whether a particular judge or prosecutor is willing to agree not to recommend jail or accept a plea to a supposedly less serious offense. There are serious consequences to a drunk driving conviction--irrespective of whether the conviction is to DUI or the less serious offense. That is why you need a competent lawyer.

Perez & Perez is devoted to providing the highest level of legal services to all of our clients through our quality of legal representation. Our firm is well recognized and insured, our staff is experienced and trained to serve you with the highest quality you expect and deserve. Perez & Perez has been a family run business with experience, an honest reputation, and a tradition of aggressive representation. We focus on meeting and exceeding the individual needs of each client. Our primary goal is to listen to you and understand your needs. You can have comfort in knowing your legal representation is being handled in a responsive and cost effective manner. We are flexible with our clients' needs and accept all types of credit cards and payment plans.

Our attorneys have been recognized for their continued legal education by legal organizations and other attorneys. Their experience came after many years of formal education at top-rated universities, Stanford University, USC Law School, Whittier Law School, and The National College of DUI Defense at Harvard University. The practice of law requires personal attention and our office takes personal interest in each client; we put our extensive education and legal training to work in the courtroom for our clients.

To avoid lifelong consequences, you must act quickly or your DUI arrest may haunt you long after the initial shock and anger has worn off. You must contact the DMV within 10 days of your arrest to request a hearing. WE can help; we can schedule the DMV hearing for you if you contact us timely. If you fail to contact the DMV within 10 days your license will be automatically suspended. Perez & Perez is dedicated to protecting your rights

A qualified and experienced DUI Defense Attorney knows that tt is not uncommon for law enforcement to make mistakes. We at Perez & Perez will review not only review the actual defense that available by the numerous procedural defenses in the DUI investigation and arrest. Whether a police officer gets a faulty reading from a Breathalyzer test, or your blood alcohol content appears elevated due to a medication you take, you can rest assured that Perez & Perez will guide you in this matter. Your initial consultation with attorneys Alex B. Perez and Roland B. Perez is free. Simply fill out our consultation form. We will review your form and contact you to discuss your legal rights.

Call Now! 714-961-1966

800-400-0057

Our DUI Defense Qualifications:

  • Felony and Misdemeanor DUI / DWI – Accidents, Refusal, Warrants
  • DMV – Administrative Hearings, Suspended Licenses / Restricted
  • Forensic Analysis – Blood Split Test
  • Calibration Verification – Title 17 Regulations – device properly calibrated, maintained, repaired according to State law
  • Field Sobriety Tests (FST) were these tests administered properly National Highway Traffic Safety Administration (NHTSA)
  • Member of the National College of DUI Defense – attend seminars year round, up to date knowledge in DUI area of the Law

What happens at the DMV when I’ve been arrested for a DUI?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
 
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

At the time of my arrest, the officer confiscated my driver license. How do I get it back?

Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a fee reissue to the DMV and you file proof of financial responsibility. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.

The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?

A hearing is your opportunity to show that the suspension or revocation is not justified. You may request a stay of the suspension so your driving privilege will no be effected until after an administrative hearing has been conducted.

How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?

The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

For how long will my driving privilege be suspended if I took the chemical test?

If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

A first offense will result in a 4-month suspension.

A second or subsequent offense within 7 years will result in a 1-year suspension.

If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

The officer stated I refused to take a chemical test. What does this mean?

You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or

Both the blood or breath tests are not available, or

You are a hemophiliac, or

You are taking anticoagulant medication in conjunction with a heart condition.

How long will my driving privilege be suspended for not taking the chemical test?

If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

A first offense will result in a 1-year suspension.

A second offense within 7 years will result in a 2-year revocation.

A third or subsequent offense within 7 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

A first offense will result in a 1-year suspension.

A second offense within 7 years will result in a 2-year revocation.

A third or subsequent offense within 7 years will result in a 3-year revocation.

Call Now! 714-961-1966

800-400-0057

www.perezandperez.com/DuiLaw.aspx

                        

                                             

Attorney Profile of Alex B. Perez

Admitted in California on December 4, 1995

Undergraduate:
Stanford Univ, Stanford, California - BA & Masters; School of Law: Univ of Southern California Law School, Los Angeles, California - JD

Associations:
Orange County Bar Association, Los Angeles County Bar Association, Mexican American Bar Association, California Attorneys for Criminal Justice

Honors:
USC Moot Court Competition Board
American Jurisprudence Award for Criminal Law/Procedure
Stanford University Deans Award for Outstanding Community Service

Activities:
Homeless Advocacy Project, San Francisco Bar Association
La Raza Alumni Outreach

Languages:
Spanish and French

http://www.perezandperez.com/team_alex.aspx

Mission Statement of Perez & Perez

Perez & Perez is committed to the Pursuit Of Justice For All. Our goals and objectives are:

  • To provide superior legal services;
  • To obtain outstanding results for our clients;
  • To protect those who cannot protect themselves;
  • To champion personal rights and accountability;
  • To restore dignity and quality of life to our clients;
  • To uphold the honor and dignity of the legal profession;
  • To uphold the highest standards of ethical conduct and integrity;
  • To provide superior legal services to our clients, in exchange for a fair fee;
  • To obtain financial compensation for the victims of accidents, and negligence;

And Finally,

  • To establish good working relationships with our clients, so our clients are well-informed, well-served, and comfortable referring their friends and family members to our office.

www.perezandperez.com/mission.aspx

DMV Info

You should have been given a pink piece of paper which is your temporary license. On this pink piece of paper, the Department of Motor Vehicles (DMV) describes the DMV administrative hearing process and gives the following notice:

You or your attorney must request a DMV hearing within 10 days of your arrest. If you fail to do so, you will be denied a hearing and your driver's license will be suspended. If you request a hearing yourself, be sure to request a "stay" on the suspension pending the outcome of your hearing.

Perez & Perez has an attorney handle all the DMV hearing rather and an assistant.  Our office will call, fax and send a certified letter to the DMV requesting a DUI hearing and ask for a Stay on your driver’s license so you may continue driving until the DMV sends notice of a ruling of decision.  Further, our office makes a request for Discovery in every DUI hearing to look for any technical defect, Title 17 violation, calibration issue, etc.

The DMV hearing is completely separate from your criminal case. The DMV hearing is a civil proceeding where the standard of proof is lower than in a criminal case. The standard of proof at a DMV hearing is basically "more likely than not."

A DMV hearing can be won by "set asides" due to technical issues and flaws on the DS 367 form completed by the police officer or other issues.

The following is a list of issues that must be established at a DMV hearing:

  1. You were driving a motor vehicle.
  2. Your blood alcohol level was .08% or greater at the time of driving.
  3. The officer had reasonable cause to believe that you were driving a vehicle with a blood alcohol level in excess of the legal limit.
  4. You were lawfully arrested.

The DMV can take the following action with its decision after a DUI hearing:

Hearing Decision   BAC   Action Taken
SET ASIDE   n/a   You win and you can continue to drive.
FIRST DUI OFFENSE*   .08 or greater
Refusal
  4 month suspension
1 year suspension
*Restricted License is for FIRST TIME DUI OFFENSE – You must show proof of enrollment in a first offender alcohol education program, submit an SR22 from your insurance company and pay a fee. The restriction allows you to drive to and from your job and to and from your program.
SECOND DUI OFFENSE
(Within 10 years)
  .08 or greater
Refusal
  1 year suspension
2 year revocation
THIRD DUI OFFENSE
(Within 10 years)
  .08 or greater
Refusal
  3 year suspension
3 year revocation
FOURTH DUI OFFENSE
(Within 10 years)
  .08 or greater
Refusal
  4 year suspension
4 year revocation

DUI Defenses

DUI Defenses to the Breath Test:

  • Contamination can cause inaccurate breath results to occur.
  • Medical Conditions: Reflux, heartburn, burping, belching, regurgitation, GIRD (gastro-intestinal-reflux-disease), Gastroesophageal Reflux-Hiatal Hernia Gastroesophageal Reflux Disease (GERD) Esophageal Manometry (Esophageal Motility) Upper Gastrointestinal Series (Barium Swallow Test) Barrett's Esophagus, Heartburn
  • Failure to Comply with Procedure: A police officer's failure to conduct a proper 15-minute observation before the test can be crucial.
  • Machine errors
  • Operator errors

Defense and Challenges to the Blood Test Results:

  • Challenges to accuracy are available
  • Gas chromatograph calibration, maintenance, and repair records can reveal startling problems which violate scientific standards and state law requirements.
  • Demand a blood re-test at an independent lab for BAC alcohol level and proper preservation. We consults with qualified experts regarding individual cases to determine whether the accuracy of the reported BAC alcohol level is reliable or not.
  • Was your blood taken by a licensed individual?
  • Was your sample properly preserved by chemical preservatives?
  • Was your sample properly refrigerated? Preservation is crucial because of the specter of fermentation could increase the alcohol level in the sample to be tested.
  • Is the Chain of Custody of the sample properly documented? Did you know that these crime labs routinely analyze multiple samples of different people in the same time frame?
  • Did a qualified licensed lab person do the analysis in the presence of a qualified Supervisor?
  • Was the Gas Chromatograph device properly calibrated, maintained, and repaired according to State law and the terms of the lab's license?

www.perezandperez.com/DuiDefenses.aspx

Call us at 714-961-1966 to help you with your DUI

FAQ for DUI & DMV

DUI Law FAQ

  1. I got a first-time DUI, what can happen to me?

    We can defend our clients in Court and with the DMV hearing. Consequences of a DUI can be harsh:
     

    • Custody time in jail for first-time misdemeanor and up to 3 years in state prison for a felony DUI.
    • Formal or Informal Probation
    • Ignition Interlock Device on your vehicle
    • Fines from $1,200 - $2,500.
    • DUI alcohol programs
    • Vehicle impoundment or permanent vehicle forfeiture
    • Driver's license: suspension, restriction or revocation. Contact http://www.perezandperez.com/modules/links.aspx?url=http://www.dmv.ca.gov/ or call the DMV as soon as possible.
    • Auto insurance increase or cancelled.
    • Require an SR-22 with the DMV
      PLEASE CALL THE DMV WITHIN 10 DAYS OF ARREST TO STOP THE AUTOMATIC DRIVERS LICENSE SUSPENSION! WE CAN HELP YOU!

  2. What happens at the DMV when I’ve been arrested for a DUI?

    The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
     
    You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

  3. At the time of my arrest, the officer confiscated my driver license. How do I get it back?

    Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a fee reissue to the DMV and you file proof of financial responsibility. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.

  4. The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?

    You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

  5. The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?

    A hearing is your opportunity to show that the suspension or revocation is not justified. You may request a stay of the suspension so your driving privilege will no be effected until after an administrative hearing has been conducted.

  6. How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?

    The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

  7. For how long will my driving privilege be suspended if I took the chemical test?

    If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:
     

    • A first offense will result in a 4-month suspension.
    • A second or subsequent offense within 10 years will result in a 1-year suspension.

    If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

  8. The officer stated I refused to take a chemical test. What does this mean?

    You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:
     

    • The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
    • Both the blood or breath tests are not available, or
    • You are a hemophiliac, or
    • You are taking anticoagulant medication in conjunction with a heart condition.

  9. How long will my driving privilege be suspended for not taking the chemical test?

    If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
     

    • A first offense will result in a 1-year suspension.
    • A second offense within 10 years will result in a 2-year revocation.
    • A third or subsequent offense within 10 years will result in a 3-year revocation.

    If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
     

    • A first offense will result in a 1-year suspension.
    • A second offense within 10 years will result in a 2-year revocation.
    • A third or subsequent offense within 10 years will result in a 3-year revocation.

  10. What is Vehicle Forfeiture?

    Your automobile may be forfeited by the government if you are charged with transportation of illegal drugs or if you are arrested for DUI and your license has been revoked for a prior conviction of DUI. The government will send a notice of their intent to seize your property within thirty days of the incident and file it with a court. An answer to the notice must be timely within the time specified. Otherwise, your property will be forfeited by default. The automobile or related property in your possession at the time of the crime can be forfeited even if there is a third-party lien holder or a joint owner. Perez & Perez has experience handling these civil forfeitures and will review your case.

  11. What are DUI Child Abuse Charges?

    You may be charged with Child Abuse if you arrested for DUI while you have a minor child in your vehicle. The law provides that if you knowingly or even negligently place a child in your car and causes danger to the child's life you can be charged with Child Abuse. The crime is a felony, punishable up to three years of imprisonment and a fine.

  12. I had two alcohol offenses when I was younger. What will happen to my license if I have a third conviction?

    It depends what your alcohol offenses were and how they were disposed. The courts cannot use juvenile convictions against you as an adult. However, the DMV can and will use certain juvenile information against you as an adult.

  13. What if I burped within 15 minutes of blowing my breath test?

    Law enforcement officers will ask the driver before the breath test whether they had burped, belched or vomited prior to the test or have been under law enforcement's constant observation for 15 minutes prior to the test. It is important you inform your attorney to this fact to help with your defense.

  14. Will I be able to get my case dismissed because I was not read my rights?

    No, not likely. But if you were interrogated after being placed in custody, those statements cannot be used against you. www.perezandperez.com/DuiLawFaq.aspx


FUllerton, Santa Ana CA DUI Lawyer, Orange County

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