David J. Givot is a leading DUI defense lawyer, with a reputation for providing aggressive and personalized legal counsel to clients in Long Beach and throughout Southern California who have been arrested for drunk driving offenses of all kinds. Whether it’s a first time DUI offense, DUI with injuries, felony DUI, or vehicular manslaughter, David Givot and Partner, Ashlie Brillault, are ready to defend your rights across the board.
When you or someone you care about has been arrested for DUI (driving under the influence) in or near Long Beach, California, you need an aggressive, competent Long Beach DUI lawyer at your side to fight for your Constitutional rights, to assist you in avoiding a criminal conviction, and to prevent the suspension of your driver's license.
While we consistently deliver skilled legal DUI Defense counsel in criminal court, our comprehensive defense extends to include representation before the California Department of Motor Vehicles and, for clients with professional licenses, before the various State Licensure Boards to minimize the long-term potential consequences of mere DUI allegations.
More than just representation, at the Law Offices of David J. Givot, you will receive the guidance, comfort, and support you need to face and fight your DUI charges.
We have found that by representing clients in all of the actions that result from a DUI arrest, we are able to build more effective cases that result in more positive case outcomes.
Many DUI lawyers have an opinion about which test is preferable. We do not. There are pros and cons to both.
The breath test is quicker and requires the officer to comply with Title 17; that is, they must observe you for a particular length of time before administering the test. The police always say they do, but in reality, they almost never do. Once a breath test is done, there is no remaining sample to re-test. We are stuck with whatever the police report says the reading was.
Blood tests take longer, there’s more paperwork, so you could remain in custody longer. The results are generally reliable; assuming the lab follows all of the proper procedures for handling and analysis. Blood tests leave a remaining sample that can be re-tested if there is something questionable about the results. Also, with a blood test, the police can check for substances other than alcohol.
Most law enforcement officers will try and bully you into taking the breath test because it’s easier and less paperwork for them. Don’t be bullied. Take the test YOU choose. If they refuse to give you the test of your choice, we can deal with that in court.
Don’t do it. If your license has been suspended because of a DUI and you are caught driving, that is a whole new misdemeanor crime – it’s not just a ticket. The fines are high, there is mandatory jail, and if you are still on DUI probation, the new charge can result in a probation violation and even more jail. All of the courts and prosecuting agencies in and around Long Beach take this charge about as seriously as the DUI itself.
On TV and in the movies, the “Miranda Rights” are always a big deal. Most people don’t know that the police are only required to read you your rights AFTER you are arrested. Until then, they can ask you all the questions they want, but YOU DO NOT HAVE TO ANSWER!
Your right to remain silent is absolute and exists regardless of whether you have been arrested. Even though the officer does not have to read your rights until you are arrested, you still have them and should always invoke them by saying: “On the advice of counsel, I respectfully decline to answer any questions without my lawyer present; I am invoking my right to silence and to have an attorney present.” After that, you don’t answer any questions. Where are you going? Where are you coming from? Is this your car? Have you been drinking? The answer to any question is: “On the advice of counsel, I respectfully decline to answer any questions without my lawyer present; I am invoking my right to silence and to have an attorney present.”
Yes, that will make the officer angry, but that his or her problem. You do not need to forfeit your rights simply to make sure the officer is pleased; the officer is not your friend and he or she will not be doing you any favors in exchange for you being submissive to them.
If they ask for your license, registration, and proof of insurance, provide it without question.
Be respectful. Be polite. Be silent.
The statutes and rules seem pretty clear: if you are driving under the influence, you are going to lose in court. NOT ALWAYS!
Before you can lose a DUI case, the prosecutor must be able to PROVE BEYOND A REASONABLE DOUBT several things, including:
You were driving
That the police had probable cause to stop and arrest you
All of the tests were performed correctly and all the machines were in proper working order.
In addition, BAC tests can be challenged, PAS tests are known to be unreliable, and field sobriety “tests” are nothing more than subjective agility exercises and their connection to sobriety is questionable at best.
Then there is the officer’s credibility to be questioned. For example, the police report will say you had red, watery eyes, but will the booking photo match that description? They will say your speech was slurred, but will the dash-cam audio confirm or disprove that? They will say you were staggering, but will the dash-cam video show that to be true?
When it comes to a DUI in and around Long Beach, there are many questions to be asked and many procedures to be questioned and that is reason enough to enlist the services of a tough and experienced DUI Lawyer in Long Beach.
There is no shortage of lawyers in the Los Angeles area, but how do you pick the right one for you?
In my humble opinion, there are certain key things to look for when deciding on a lawyer to handle your DUI case in and around Long Beach.
In DUI and criminal matters, your lawyer should not be difficult to reach at a moment’s notice. You should not have to traverse layers of assistants and receptionists in order to speak to your lawyer. Better still, you should have multiple lawyers you can contact who have knowledge of your case.
At DUI Lawyer Long Beach, every case gets two attorneys, David Givot and Ashlie Brillault. With David supervising each case and Ashlie handling the pretrial court process, there are two sets of eyes to analyze every fact and to seek every opportunity for success.
DUI and criminal matters are not like other types of legal cases. They are dynamic and subject to countless variables that don’t always conform to office hours.
Your DUI lawyer in and around Long Beach should be available to you when you NEED them. Because we work as a team, when one is unable to answer, the other usually is. In the rare case when neither is immediately available, both can be reached by text or, at the very least, a voicemail returned as quickly as possible no matter the time.
You are going to have a lot of questions. The entire DUI process is intended to be scary and confusing. Your lawyer should be willing to spend as much time as YOU need to talk about it. You should never be made to feel that your lawyer’s time is more valuable than yours.
The DUI process in Long Beach, as most anywhere else, is serious and there can be many consequences. Your DUI Lawyer should be willing to tell you the truth, even when you are not going to like it. Telling you what you want to hear or making promises that are impossible to keep is unfair to you and can only lead to disappointment.
A DUI in Long Beach or anywhere else is serious and different lawyers will have different opinions about how to handle it. You should seek as many opinions as you feel you need before making a decision about who to hire to represent your interests, your rights, and your freedom. You should be cautious about any DUI lawyer who insists that you hire him or her immediately or pressures you into hiring them. There should be no pressure. If you feel pressure, beware.
DUI and all criminal cases take time to manage; sometimes months. When looking for a DUI Lawyer in and around Long Beach, consider whether he or she charges a flat fee or charges by the appearance or by the hour. Charging by the appearance or by the hour can quickly drive costs up well into several thousands of dollars. Consider a DUI lawyer who charges a flat fee that is all-inclusive and unlimited hours. More importantly, the flat fee should include ALL court appearances, the DMV hearing, AND misdemeanor trial.
This may be the most important factor to consider. Your DUI lawyer will be guiding you through a very challenging time. It is essential that you are comfortable with him or her so that you can work together to achieve the best possible result.
If you or a loved one has been arrested of a DUI, your first call should be to a premier Long Beach DUI Attorney. It is imperative you contact an attorney right away in order to understand your situation, find out what next steps need to be taken, and get a knowledgable DUI attorney on your side to defend and fight for you and your freedom. Call our offices 24/7 to schedule your Free Consultation at 562-206-2012.