Request a Free Consultation

By submitting information through this form, you attest that you have read and understood the contents of our DISCLAIMER




Santa Barbara criminal defense lawyer Bill Makler

Fatal Accident on Highway 101, driver left at scene by police (Key News, Santa Barbara). Click for video


Santa Barbara DUI News, October 2003 (Updated)


"Know Your Rigths", Embarcadero Hall, Hosted by Associated Students at UCSB, October, 2004.


Lawyer helps students fight for their right to party, Santa Barbara News Press, October, 2004.


"DUI Defense", Santa Barbara & Ventura Colleges of the Law, 2005, 2007.


"Scientific Evidence in DUI cases", guest lecture in Advanced Evidence class at Santa Barbara & Ventura Colleges of the Law, Winter 2006.


"Avoiding and Minimizing DUI Consequences", Bench & Bar Conference, given at Santa Barbara City College for MCLE credit for lawyers and judges, January 2006.


Primary cities and zip codes for Santa Barbara County


93013 Carpinteria; 93014 Carpinteria; 93067 Summerland; 93101 Santa Barbara; 93102 Santa Barbara; 93103 Santa Barbara; 93105 Santa Barbara; 93106 Santa Barbara; 93107 Santa Barbara; 93108 Santa Barbara; 93109 Santa Barbara; 93110 Santa Barbara; 93111 Santa Barbara; 93116 Goleta; 93117 Goleta; 93118 Goleta; 93120 Santa Barbara; 93121 Santa Barbara; 93130 Santa Barbara; 93140 Santa Barbara; 93150 Santa Barbara; 93160 Santa Barbara; 93190 Santa Barbara; 93199 Goleta; 93252 Maricopa; 93254 New Cuyama; 93427 Buellton; 93429 Casmalia; 93434 Guadalupe; 93436 Lompoc; 93437 Lompoc; 93438 Lompoc; 93440 Los Alamos; 93441 Los Olivos; 93454 Santa Maria; 93455 Santa Maria; 93456 Santa Maria; 93457 Santa Maria; 93458 Santa Maria; 93460 Santa Ynez; 93463 Solvang; 93464 Solvang

Santa Barbara DUI / Drunk Driving Defense Lawyer

Call now at 805.892.4922

Santa Barbara Attorney William C. Makler has defended more than 2,000 DUI cases on the Central Coast and, in so doing, he has achieved mastery in every aspect of DUI defense. With more than 20 years of experience working in both the California and Federal criminal justice systems, Mr. Makler can spot the problems with the prosecution's case that others might not.

As a long-time member of the National College of DUI Defense, California DUI Lawyers Association, California Public Defenders Association and California Attorneys for Criminal Justice, Mr. Makler has kept current on the law and science of DUI cases by regularly attending seminars and workshops and by staying in touch with a vast network of experts in the field of DUI defense.

While working for the University of California Police between 1989 and 1992, Mr. Makler participated in numerous DUI investigations and arrests and coordinated training on DUI and other topics. He has also been a courtroom litigator and research attorney for the Federal Public Defender in Sacramento and he was a Felony Deputy Public Defender for both the Santa Barbara and Santa Cruz County Public Defender Offices (1997-2002). Mr. Makler taught Evidence as a member of the faculty of Santa Barbara & Ventura Colleges of the Law (2006–2008) and frequently lectures on Civil Liberties, DUI, scientific evidence and related topics.

What is a DUI?

Driving Under the Influence (DUI) is usually charged as a misdemeanor where an individual is suspected by the police of having violated one, or both, of the following Vehicle Code sections:

The above sections are by no means an exhaustive list of all of the code sections which prohibit various forms of driving under the influence. For additional details, see the California Code.

What if my BAC is below the limit?

As implied above, it's unlawful to drive when you're impaired by alcohol such that you're unable to exercise ordinary caution. Your reaction time and motor coordination must not be compromised by alcohol. Many in law enforcement believe that everyone is "impaired" at .05% BAC. Also, the combination of either a low blood alcohol level (or none at all) while under the influence of a drug which may affect your ability to drive safely is considered a DUI as well (23152(a) CVC). To learn more about how drinking affects your BAC, you may wish to try our BAC Calculator.

Will I lose my license?

The law enforcement officer will seize your license if you're arrested for DUI with an unlawful BAC or after you've refused to submit to all chemical tests (you may choose between breath and blood, ultimately). Your license will be confiscated, and the officer will issue you a citation as well as a pink form which acts as both a temporary driver's license and as your notice of suspension.

For how long?

This will vary depending on the circumstances. If you've refused to submit to any chemical tests, the DMV will seek to suspend your license for a period of one year for a first refusal, or for eighteen months if you've previously refused to submit to such a test. If you have an unlawful BAC, the DMV will seek to suspend your license for six months for a first offense, and one year for a second offense. If you are under 21, the minimum suspension length is one year for any alcohol related offense.

Can I fight the suspension?

Yes. You may request a review of the driver's license suspension by the department of motor vehicles within 10 days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. You should know that doing so will cause the DMV to delay the imposition of the suspension until a decision is reached on the merits and you are notified of it.

In practical effect, the proceedings will extend the temporary driving privilege for at least two additional months and may result in the restoration of your full driving privileges without any period of actual suspension. Moreover, winning the hearing may prevent the DMV from requiring you to purchase "high risk" insurance coverage and to enroll in any courses. For information on how to contest the suspension, Contact Us.

Will I have to go to court?

Except for felonies and all domestic violence charges, a privately retained lawyer may appear for their client in court. There are exceptions, however it is normal for the client of a private attorney facing a misdemeanor or less to go to work or school instead of court. Of course, the client and lawyer must stay in contact with each other to make this work.

Will I have go to jail?

It depends on the nature of the charge, your criminal history (if any), and many other factors. You should consult a lawyer who is aware of all of the facts and circumstances, as well as the law on point, and the customs of the local prosecutor and court before you assume that any case will not result in jail time.

How does lawyer-client confidentiality work?

With few exceptions, everything you say to your lawyer (or prospective lawyer, as in a lawyer you're consulting but haven't hired yet) is confidential. The notable exceptions are when you tell a lawyer you have plans to commit a crime or when you've waived the privilege by word or conduct. You can waive the privilege by conduct by revealing your confidences to your family, friends, and others. So, suffice it to say, you probably shouldn't talk with anyone about the facts of your case aside from a qualified lawyer. In certain cases, someone may choose, under advice of their lawyer, to make a limited waiver of their right to confidentiality so that the lawyer may answer questions posed by their spouse or parent.

How much will this cost?

There is a wide range of fees depending on the type of case and depending on the lawyer. Some lawyers, unfortunately, take advantage of the prospective client's fears and naiveté by charging a whole lot more than they should on any given case. Ask tough questions of your lawyer before agreeing to pay any particular fee. Fees are not set by law--they are negotiable. At the same time, you must be wary of offers that seem too good to be true, or the bargain-basement lawyer. The latter will almost ensure bargain-basement service and skill.

A DUI arrest does not mean you are guilty.

Contrary to popular opinion, police officers make mistakes. Moreover, the hyper-technical laws surrounding the regulation of driving under the influence of alcohol (DUI) are rife with ambiguities, if not contradictions. You owe it to yourself to become educated about what to expect and, just as importantly, what to do about it. Much depends on whether you're actually convicted of drunk driving, as opposed to just arrested. In other words, it ain’t over ‘til it’s over.

»Contact us for a free, no obligation consultation.