The unbelievable has occurred. You’ve been charged with a DUI. Who do you turn to in this trying time to help you through this ordeal? If you were charged with a DUI in Orange County, then the only person’s name you should know is Criminal and DUI defense attorney Ali Komaili. With years of experience and dedication to his clients, attorney Ali Komaili will fight for you to ensure you receive not only the best representation, but also the best outcome possible.
Attorney Ali Komaili is aware that this is a stressful and trying time in your life and that you are eager to seek help. Consultations are free at the Law Offices of Ali Komaili, so whether you have a DMV hearing, or are being charged with a more serious offense such as felony DUI or vehicular manslaughter, calling the Law Offices of Ali Komaili at (888) 390-8282 is a great first step to gaining experienced advice and direction.
Not all DUI charges carry the same weight legally. Some DUI charges, such as a felony DUI, are much more complicated and serious. So when can you be charged with a Felony DUI? If you are a driver in the state of California you may be faced with a Felony DUI if you are involved in a DUI that caused a death, If you are involved in a DUI that caused an injury, If you are charged with a fourth DUI within ten years or if you were convicted of a past felony DUI and have received a new DUI. Read More
If you are a driver in California and have received a DUI, several penalties may be in your future such as completing mandatory drug and alcohol classes, being placed on probation from anywhere between one and five years, court fees and other DUI related fines totaling over $1500, up to six months’ time in a county jail Read More
Whether it is your first, second, third or fourth DUI, you need competent legal representation such as the competent and experienced representation you will receive at the Law Offices of Ali Komaili. It is never a good idea to go through any phase of this difficult and scary part of your life alone or with inadequate representation. So what does a second DUI potentially mean for you? Your driver’s license could be suspended for up to two years, fines totaling over $1500 depending Read More
What does a third DUI mean for you? After a third DUI, your driver’s license could be suspended for up to three years, fines totaling over $1500 depending on the penalties that have accumulated to your charge, jail time of four months to a year and anywhere from 18 months to possibly over 30 months of paying for and attending a drug and alcohol program. These fines and penalties are possibilities that may be able to be reduced and or dismissed with the appropriate representation. Read More
What if you’re facing a fourth DUI? A fourth DUI potentially means a suspended license of up to four years or more, fines totaling over $1500 depending on the penalties that have accumulated to your charge and jail time of 5 months to 18 months. In the state of California all is not forgiven when it comes to your prior DUI charges. If you have accumulated your first three DUI within a ten year period, the next DUI will count as your fourth, and subsequently lead you to face a felony. Read More
A term that you will become familiar with if you are facing a DUI is Blood Alcohol Concentration, or BAC. BAC generally refers to the alcohol that is in your blood stream. The authorities can generally attain your BAC through a breathalyzer test, a urine sample or through drawing your blood. Your blood alcohol concentration will equal a number. If that number is more than 0.08%, you will most likely be arrested and taken into custody, as a BAC of .08% or more is a violation of the law. Read More
Another route that the police can take in determining if you have violated the 0.08% BAC, is by administering a Field Sobriety Test or FST. The outcome of these tests and the decision to make an arrest or let you go are based entirely on the officer’s discretion based on his observation of your behavior.The National Highway Safety and Traffic Administration only consider the Walk- and-Turn test, the Horizontal Gaze Nystagmus test and the One-Leg-Stand test as acceptable standard tests. Read More
What is a DMV hearing and how does it work? The first thing you must be aware of is that you are given ten days from the date of your DUI arrest to schedule your DMV hearing so time is of the essence! If you have been arrested for a DUI, then your driver’s license will be taken away by the police and in most cases be replaced by a temporary driver’s license. Read More
So how do police perform the blood and breath tests? A blood test is done by having your blood drawn and sent to a lab to decipher the level of alcohol concentration in your blood. If performing this blood test, the authorities are hoping that all the right channels have been taken in order to avoid a dismissal of this test. There have been many circumstances where a skilled attorney has reviewed the collection and processing of these tests and has found errors that have disqualified the blood test from being admitted into evidence. Read More
There are different levels of a DUI charge. Sometimes due to other circumstances your DUI could have other more serious consequences besides fines, jail time and losing your driver’s license. You may be asking how can my situation get any worse? Well, if your DUI led to someone’s injury or if your DUI led to someone’s death, referred to as Vehicular Manslaughter, or even if you fled the scene of your DUI, penalties, fees and charges will be added to your DUI. Read More
If while driving under the influence of drugs or alcohol you cause an accident causing injuries, you will be charged with a DUI Causing Injury, which, depending on the seriousness of the person’s injury, will determine if you will be charged with a misdemeanor or a felony. A DUI causing injury serious enough to constitute a felony carries a minimum sentence of 3 years in prison. If more than one person was injured in the DUI, additional time will be added to your prison sentence. Read More
When your DUI caused the death of another to occur, you are now facing a felony charge of Vehicular Manslaughter. Clearly if you are at this point in your life you are already aware of the severity of the legal battle you are in and know you must hire an attorney to represent you. Contact the Law Offices of Ali Komaili immediately to have a competent and aggressive attorney defend you and your future. Read More
Most people often mistakenly believe that a DUI only pertains to impairment due to alcohol. A DUI can occur due to impairment of alcohol and drugs. It is also a mistake to think that illegal drugs are the only kind that may lead to a DUI. Any drug, prescribed or otherwise that impairs a person’s ability to drive in a safe and legal fashion, may result in a DUI. These offenses are called Driving Under the Influence of Drugs, or DUID.
California law treats out of state drivers who are charged with a DUI the same as California drivers who are charged with a DUI. If you are from another state and have been charged with a DUI in California, you must contact the Law Offices of Ali Komaili in order to get the best legal advice and counsel regarding your case. Unlike the popular saying “what happens in Vegas stays in Vegas,” do not make the mistake of believing your home state will not find out about your DUI in another state. Read More
While the BAC limit for most people is .08% and under to refrain from being charged with a DUI, for anyone under the age of 21, which is the legal age permitted to drink, it is less than .01%. Due to California’s Zero Tolerance Law, it is illegal for anyone under the age of 21 to drink and drive. The consequences, penalties and fines are more serious for people charged with underage DUI. Not only could your vehicle be confiscated, but your driver’s license may also be taken away therefore taking away your driving privilege. Read More
If it has been a while since you first took your driver’s license exam, then you probably do not remember that upon completion of the exam you signed an agreement that you would not drive while intoxicated or under the influence of drugs, and that you would submit to a blood, urine or breath test if asked to do so by a police officer. If you have forgotten that part, then you probably also do not remember that you were told failure to comply would result in the suspension of your driving privileges. Read More
If you have been charged with a DUI or a DUID do you still have constitutional rights? Of course you do! Furthermore, if it is discovered that the arresting officer pulled you over or searched your car without probable cause, your DUI attorney can have the charges against you dismissed because an illegal stop constitutes a violation of your constitutional rights! In order for the stop to be considered justified and legal, the officer must observe driving behavior that is not considered “normal.” Read More
There have been many studies and tests regarding Marijuana and the impact it may or may not have on a person’s driving abilities. Although less risky than alcohol, marijuana still contributes to a person’s ability to drive without any type of impairment. How much marijuana was used, when it was used and if it was prescribed are all factors that go into helping you with your DUI charge. These are very technical issues that you do not want to face alone and should hire a very experienced attorney to represent you. Read More
A Wet Reckless is still a DUI, but a softer and weaker DUI. If you have a great attorney, they will look at your DUI and look for problems with your arrest in general and with the entire case specifically. For example, if your field sobriety test was passed with no issues or close to no issues or if your BAC was very near .08%, your attorney can ask the prosecutor to offer you a plea bargain of a Wet Reckless. This will still get you a prior on your record. However, your fines and probation will be less, Read More
Your experienced DUI attorney can review your case and determine if it is in your best interest to enter into a plea agreement. An example of this would be entering a Dry Reckless plea, which basically means that you are pleading guilty to driving recklessly and that the charge is unrelated to alcohol. A Dry Reckless usually means only having probation and a much smaller fine, your driver’s license will not be suspended and if you do well in your DMV hearing, Read More
In the state of California you are required by law to submit to a blood, breath or urine sample if you are suspected of driving under the influence of alcohol or drugs. Unfortunately, there are steep consequences to refusing to take these tests. After your DUI arrest, you have ten days to request a DMV hearing. At the hearing, if the officer sees that you refused a chemical test, they will most likely deny even a restricted license which would allow you to drive to work. Read More
Driving under the influence charges (DUI)
Drunk Driving / DUI (Vehicle Code Sections 23152, 23153)
Hiring an experienced attorney who is knowledgeable with DUI laws and also experienced in DMV hearings is crucial. Contact Orange County Criminal Defense Attorney Ali Komaili immediately, if you have been charged with driving under the influence. Attorney Ali Komaili will contact the DMV on your behalf and put a stay on the suspension of your license pending the outcome of the hearing.