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Law Office of Brendan Duganne
Call 800-KICK DUI
or 800-542-5384
Do not make Law Enforcment's job easier. Make sure you understand your legal rights before it is too late. Remember knowledge is power and we can help you level the playing field.
PLEASE CALL US OR VISIT US ON THE WEB AT:
http://www.bdugannelaw.com/ or http://www.texaslegaldefense.net/
Open communication with each other will create an atmosphere of trust and common purpose.
Our mission is to develop an effective legal defense based on the needs of the client -- one that strives to put the customer first, as one of our customers we will make sure all of your legal rights are protected and that you are informed and feel comfortable with all aspects of your legal situation before we go to court. We strive to maintain a clear, sustainable, competitive edge stemming from our passionate "can do and will do" attitude.
The experience we have gained and the relationships we have established are a contributing factor in our success and your success as our customer. Our customers rely on our expertise allowing for quality in our service. If you are accused of a crime in Texas “We Can Help.”
Attorney Bio
Since starting his own practice, Brendan Duganne has dedicated his efforts almost exclusively to defending the citizens accused of criminal charges.
Experience :
Mr. Duganne has worked in the criminal defense field his entire legal career he has trial experience that ranges from Municipal Court Citations to Murder charges.
Professional Associations :
Education :
St. Mary’s University Law School
Dean’s Scholarship
Pro Bono Achievement Award
St. Mary’s Clinic for Social and Legal Justice
Intensive Study and practice of Law
Dedicated to representation of Client with little or no income
San Diego State University
Outstanding graduate in Major field
Deans list
Don't let an arrest become a conviction
Please call NOW:
Call 800-KICK DUI
or 800-542-5384 Attorney Bio
Call 800-KICK DUI
or 800-542-5384
Since starting his own practice, Brendan Duganne has dedicated his efforts almost exclusively to defending the citizens accused of criminal charges.
Experience :
Mr. Duganne has worked in the criminal defense field his entire legal career he has trial experience that ranges from Municipal Court Citations to Murder charges.
Professional Associations :
- Texas Criminal Defense Lawyers Association
- San Antonio Criminal Defense Lawyers Association
- American Bar Association: Criminal Justice Section
- National Criminal Defense Association
- Legal Committee, National Organization For the Reformation of Marijuana Laws (NORML)
Education :
St. Mary’s University Law School
Dean’s Scholarship
Pro Bono Achievement Award
St. Mary’s Clinic for Social and Legal Justice
Intensive Study and practice of Law
Dedicated to representation of Client with little or no income
San Diego State University
Outstanding graduate in Major field
Deans list Professional Services
Call 800-KICK DUI
or 800-542-5384
Open communication with each other will create an atmosphere of trust and common purpose. Our values will be understood and practiced by all of our employees and will be demonstrated to our customers in all that we do. The following is a list of specific legal issues that we can assist with. However, it is by no means exhaustive and we encourage you to call with all of your legal questions if we cannot help you we will try to find someone that can.
Felony Cases and Misdemeanor Cases:
- Motions to Revoke Probation
- Bonds, and Bond Reductions
- Expunction of criminal arrests
- Petitions for non-disclosure
- Applications to Seal Juvenile and or School records
- Occupational Drivers Licenses
- Intoxication Offenses: DWI, DUI, Public Intoxication
- Intoxication Manslaughter, Intoxication Assault
- Domestic Violence, Restraining Orders
- Sexual Offenses involving minors
- Sexual assault
- Cyber Crimes
- Assault, Aggravated Assault
- Robbery, Aggravated Robbery
- Deadly conduct
- Theft, Fraud, Bad Checks, White Collar Investigations
- Murder
- DRUG CASES
- AND TRAFFIC TICKETS
Free Consultation
Credit Cards accepted, Payment Plans available for those who qualify
Know Your Rights
Call 800-KICK DUI
or 800-542-5384
Law enforcement’s job is to investigate possible criminal behavior, if they are talking to you; IT IS PROBABLY RELATED TO THEIR JOB. Therefore they are gathering evidence against you or someone else, to protect your interests, even if you have done nothing against the law. ASK FOR A LAWYER, ASK FOR A LAWYER AGAIN, AND FINALLY ASK FOR A LAWYER AGAIN.
Individual Liberty was a cornerstone of American Society, unfortunately over time, that Liberty has been somewhat eroded. Law enforcement, due to changes in the law and advancements in technology has many tools at their disposal. Do not make their job easier by not understanding your legal rights before it is too late. Remember knowledge is power and we can help level the playing field.
Free Consultation
Credit Cards accepted, Payment Plans available for those who qualify Do’s and Don’ts
Call 800-KICK DUI
or 800-542-5384
What to do if stopped for a DUI – Do’s and Don’ts
DO :
· Conduct yourself in a polite, courteous and cooperative manner.
· Provide license, registration and proof of insurance when requested.
· Invoke your right to remain silent.
· Demand an immediate, private and free call to an attorney.
· Ask for a sample of your blood, breath or urine to be preserved for an independent testing.
· Invoke your right to obtain an independent chemical test of your blood or urine.
· Contact us for a free case evaluation and to avoid an automatic driver's license suspension.
DON’T :
· Don't perform any coordination, balance or eye tests.
· Don't submit to a Portable Breath Test (A “PBT” is a portable, handheld breath testing device). A PBT is different than an Intoxilyzer – the actual machine that the officer may have you breath into later. You should contact an experienced DUI attorney to advise you whether you should submit to a later blood or chemical test.
· Don't consent to a search of your person or your car. DUI info
Call 800-KICK DUI
or 800-542-5384
DUI : DRIVING UNDER THE INFLUENCE
"DUI" offense consists of driving under the combined influence of alcohol and other drugs. The drugs causing or contributing to the impairment need not be illegal, but can consist of lawfully prescribed or over-the-counter medication. Anti-drunk-driving advertising campaigns have aimed to raise awareness of the legal situation and the dangers of driving while intoxicated. Drunk-driving is responsible for a large number of deaths, injuries, damage and accidents every year.
The specific criminal offense may be called, depending on the jurisdiction, driving while intoxicated (DWI), driving while impaired (also DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs or drunk in charge [of a vehicle]. Such laws may also apply to boating, or piloting aircraft.
Historically, guilt was established by subjective tests of the driver's impairment, such as difficulty reciting the alphabet or walking a straight line, together with the arresting officer's subjective opinion. Starting with the introduction in Norway in 1936 of the world’s first per se law which made it an offense to drive with more than a specified amount of alcohol in the body, objective chemical tests have gradually supplemented the earlier purely judgmental ones.
Today's statutes commonly provide for two separate and distinct criminal offenses. The first is the traditional "drunk driving" offense, consisting of driving under the influence of alcohol and/or drugs. Evidence to support this crime generally comes from the officer's observations (erratic driving, slurred speech, unsteady gait, etc.), performance on field sobriety tests, and a legal (and generally rebuttable) presumption of intoxication from a blood alcohol test result over the legal limit. The second offense is the more recent so-called "per se" offense: rather than focusing on impairment the crime consists entirely of having a given blood alcohol content (BAC) at the time of driving, regardless of the individual's tolerance to alcohol. Both offenses may be charged, and the defendant may be convicted of both; if a blood alcohol test result was not obtained, only the traditional "DUI" offense will be charged.
BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. It does not depend on any units of measurement. In Europe it is usually expressed as milligrams of alcohol per 100 millilitres of blood. However, 100 milliliters of blood weighs essentially the same as 100 milliliters of water, which weighs precisely 100 grams. Thus, for all practical purposes, this is the same as the simple dimensionless BAC measured as a percent. Since 2002 it has been illegal in all 50 US states to drive with a BAC that is 0.08% or higher.
Driving while consuming alcohol is generally illegal, though driving after drinking remains legal. In some jurisdictions it is also illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment.
Call 800-KICK DUI
or 800-542-5384 FAQ
Call 800-KICK DUI
or 800-542-5384
Arrest for Driving Under the Influence (DUI)
1) I've just been arrested for DUI. What happens now?
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.
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2) 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 (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. 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.
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3) 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.
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4) 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.
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5) 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.
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6) Do I need a hearing to get a restricted license to go to and from work?
No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.
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7) 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.
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8) 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.
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9) 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.
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