- Jerry Nicholson has nearly 40 years of experience representing clients facing criminal charges, including DUI cases. The Law Offices of Jerry Nicholson provides Long Beach DUI defense representation focused on protecting clients’ legal rights and helping them understand the criminal court and DMV processes.representation to clients.
- The Law Offices of Jerry Nicholson represents clients in Long Beach who are facing DUI allegations and related driving and criminal consequences.
- The reviews of our law firm speak for themselves—clients appreciate our dedication and commitment to their cases.
- The firm provides legal representation for clients dealing with DUI charges and related DMV proceedings.
- He has also earned [rscore score=4.8 rev=19]
Long Beach DUI Defense for Drunk Driving Charges
If you or a loved one has been arrested or charged with driving under the influence in Long Beach, you may have questions about the criminal case, your driving privilege, and what happens next. A DUI case can involve both criminal court proceedings and a separate DMV process. The Law Offices of Jerry Nicholson provides Long Beach DUI defense representation and helps clients understand the legal issues, available procedures, and potential consequences associated with their cases.
A DUI arrest in Long Beach can involve both criminal and driving-related consequences. Depending on the circumstances, a case may involve court proceedings, fines, license-related consequences, DUI education requirements, or other penalties. Because DUI cases involve specific procedural and factual issues, it is important to understand the allegations and the applicable California law.
At The Law Offices of Jerry Nicholson, clients facing DUI charges in Long Beach can receive representation regarding both the criminal court process and applicable DMV proceedings. Attorney Jerry Nicholson has experience handling DUI matters involving alcohol and drug-related allegations.
Depending on the circumstances of a DUI arrest, a driver may also need to address a separate DMV proceeding involving the driving privilege. The DMV process is separate from the criminal court case, so clients should understand that the two proceedings can involve different procedures and issues.
If you or a loved one has been arrested or charged with DUI in Long Beach, contact The Law Offices of Jerry Nicholson to discuss the circumstances of your case and the next steps that may apply. Call 562-434-8916 to request a consultation.
Long Beach DUI: Criminal Court and DMV Proceedings
A DUI arrest can lead to two separate proceedings: a criminal case in court and an administrative action involving your driving privilege through the California DMV. These proceedings are separate, and the outcome of one does not automatically determine the outcome of the other.
The DMV proceeding concerns your driving privilege and may involve a suspension or revocation depending on the circumstances of the arrest, testing, prior history, and applicable law. The criminal case, meanwhile, concerns the DUI allegations filed in court. California DMV identifies these as separate processes.
If the DMV takes administrative action against your driving privilege following a DUI arrest, you generally have 10 days from receipt of the suspension or revocation order to request a DMV hearing. The exact deadline and procedure should be confirmed from the notice issued in the individual case.
A DMV administrative hearing is different from a criminal court proceeding. The DMV hearing addresses the administrative action against the person’s driving privilege and specific issues related to the DUI arrest, while a criminal court proceeding addresses the criminal charge. The DMV describes its APS process as independent from criminal court proceedings.
Separately, a person facing a DUI charge may need to address the criminal court process. Potential consequences depend on the specific charge, prior history, facts of the case, and applicable California law.
Depending on the charge and circumstances, DUI consequences may be affected by factors such as prior DUI-related convictions, the presence of injuries, chemical-test issues, the driver’s age or license status, and other facts identified by applicable law.
Within the range that is set forth by statute, the sentence in a DUI case will be affected by such factors as:
- The facts and circumstances unique to the case;
- The policies of the prosecution and the local court;
- The weaknesses or “holes” in the case, as uncovered by the defense attorney; and
- The consequences in a DUI case can depend on the facts of the alleged offense, the applicable statute, prior convictions, the nature of any injury or property damage, chemical-test evidence, and the policies and procedures applicable to the case.
Blood, breath, or urine test results can be important evidence in a DUI case. The significance of testing depends on the type of test, when and how it was administered, the circumstances of the arrest, and other evidence in the case.
Chemical-test evidence must be evaluated in the context of the circumstances surrounding the driving, stop, arrest, and testing. Questions concerning testing procedures, timing, collection, and interpretation may become relevant depending on the facts of an individual case.
Experienced Long Beach DUI Defense Representation
DUI cases can involve questions about the traffic stop, field sobriety testing, chemical testing, arrest procedures, driving evidence, and the applicable criminal and DMV processes. The issues that matter will depend on the specific facts and evidence in each case.
Depending on the facts and applicable law, DUI cases may involve negotiations, motions, hearings, or trial proceedings. The appropriate legal strategy depends on the evidence and circumstances of the individual case.
If you have questions about a DUI arrest in Long Beach, you can contact The Law Offices of Jerry Nicholson to discuss the circumstances of your case and the legal processes that may apply. Call 562-434-8916 to request a consultation.
Jerry is the best defense attorney in Long Beach. His team is professional and thorough. I would recommend him to anyone needing representation. – Megan Alderson
California DUI Laws and Charges
California DUI cases can involve different statutes depending on the alleged conduct and circumstances. Common DUI-related provisions include Vehicle Code sections addressing driving under the influence, driving with specified blood alcohol concentrations, and DUI offenses involving injury.
For many adult noncommercial drivers, California law uses a 0.08% BAC threshold for the per se alcohol provision in Vehicle Code section 23152(b). Different rules can apply depending on factors such as the driver’s age, license status, or the type of vehicle involved.
Vehicle Code section 23152(b) addresses driving with an alcohol concentration at or above the statutory threshold. The application of the provision depends on the driver’s circumstances and the evidence available in the case.
Vehicle Code Section 23152(a)
Vehicle Code section 23152(a) addresses driving under the influence of alcohol or another substance. A DUI allegation under this provision may involve evidence of impairment even when the circumstances do not fit a per se alcohol allegation under section 23152(b).
DUI Charges Involving Injury
Vehicle Code section 23153 addresses DUI offenses involving injury to another person. The exact charge and potential consequences depend on the allegations, evidence, injuries, and applicable law.
DUI Cases Involving a Death
Attorney/legal review required before publication, especially because the current page’s reference to Penal Code §192.5(b) should be checked for the exact offense being described.
California’s current Penal Code text confirms §191.5 covers gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated.
DUI cases may also involve related allegations or legal issues depending on the circumstances of the incident. For information about other criminal defense matters handled by the firm, visit the Criminal Defense Practice Areas page.
DUI allegations can involve alcohol, drugs, or a combination of substances. Drug-impaired driving cases can involve different evidentiary and testing issues, so the facts of the individual case are important when evaluating the allegations and available defenses.
If you are facing DUI charges in Long Beach, contact The Law Offices of Jerry Nicholson to discuss your case and the legal and DMV processes that may apply. Call 562-434-8916 or use the contact form on this website to request a confidential consultation.
