What Is a DUI Charge?
A DUI (Driving Under the Influence) charge generally refers to operating a motor vehicle while impaired by alcohol, drugs, or both. This serious criminal charge can have significant consequences, including fines, jail time, probation, and the suspension or revocation of the driver’s license.
In California, the offense is primarily outlined in the California Vehicle Code Section 23152, which states:
- Section 23152(a): It is illegal for anyone under the influence of any alcoholic beverage to drive a vehicle.
- Section 23152(b): It is illegal for anyone who has 0.08% or more, by weight, of alcohol in their blood to drive a vehicle.
- Sections 23152(c)-(h): These address various other DUI-related situations, such as being under the influence of drugs, combining drugs and alcohol, commercial vehicle DUIs, and repeat offenses.
A DUI charge can lead to criminal prosecution, and penalties vary based on the case’s specifics, the driver’s prior history, and whether or not the offense led to injury or death.
The penalties can include fines, suspension or revocation of driving privileges, mandatory installation of an ignition interlock device, alcohol/drug education or treatment, probation, and incarceration in county jail or state prison. These punishments are harsher for repeat offenses.
The impact of a DUI charge extends beyond the legal consequences. It can also lead to a criminal conviction record that could affect employment opportunities and professional licenses and increase insurance premiums significantly.
A person charged with a DUI should consider hiring an experienced los angeles DUI lawyer. A knowledgeable and professional lawyer can evaluate the evidence, challenge the legality of traffic stops, breath or blood tests, and potentially negotiate for reduced charges or penalties. An attorney can also represent the defendant in court and provide advice about how to proceed in the face of a DUI charge.
An Experienced Los Angeles DUI Attorney
You’ve been arrested for driving while intoxicated and terrified of the criminal justice system; you require the legal representation of a Los Angeles criminal defense attorney. Whether you were unaware that you were driving drunk or played the odds with a short drive home, you experienced a Los Angeles DUI arrest.
The stress of the situation and its potential consequences will be difficult to overcome. You likely feel entirely alone. The fact is, you aren’t the only person to have dealt with charges related to driving over the legal limit.
Operating a vehicle under the influence of any impairing substance makes you a “less than safe” driver, which is why it is illegal. If your blood alcohol concentration (BAC) is at or above 0.08, you can be charged. However, you can be arrested with a lower BAC if you have a DUI involving illegal drugs or other crimes. A DUI arrest can occur while driving any motor vehicle, including a motorcycle or boat.
When facing a DUI charge, it is essential to consult with the best DUI attorney in Los Angeles. An experienced DUI lawyer can provide invaluable legal advice and counsel and represent you throughout the criminal justice process.
How Can DUI Defense Lawyers in Los Angeles Help?
An experienced DUI defense attorney familiar with the DUI laws in Los Angeles will apprise you of your options, assist you with your DMV hearing, and hopefully help you avoid a DUI conviction.
DUI lawyers in Los Angeles, CA, will walk you through the legal process and begin building your DUI defense if you have been charged. California laws take driving under the influence of drugs and alcohol seriously. Even a first-offense DUI case can result in severe consequences with long-term penalties.
An experienced DUI attorney will be familiar with the laws in Los Angeles County and perhaps the arresting officer in your criminal case. They will use their knowledge of the area and the individuals involved to build a strong defense before your court date. In some circumstances, they may be able to get the criminal charges dismissed, and you’ll never have to set foot in a courtroom.
Contact the Law Office of Christopher Chaney for a free consultation.
Best Criminal Attorney in Los Angeles
If you have lost your driving privileges due to an automatic driver’s license suspension, the best DUI lawyer in Los Angeles will discuss your options and offer advice. He may even be able to help you get a restricted license while you work through the legal process of your DUI defense.
But you should know that a criminal court process is separate from the administrative process, triggered as soon as you are arrested on DUI charges, including refusing a breath test. The law enforcement officers will give you a temporary license, while the California Department of Motor Vehicles will notify you of the suspension process.
That means your driver’s license will be suspended for 30 days unless you request a DMV hearing. However, you have only 10 days to do that. The driver can contest the administrative license suspension at the hearing, typically held in one of the DMV Driver Safety offices.
Remember that the California DMV can suspend an individual’s driver’s license even if no criminal charges were filed or the case was dismissed. But, by having a Los Angeles DUI defense lawyer to represent you at the hearing, you can maximize your chances of winning. The DMV wants specific information, and DUI lawyers know what arguments to include for the best possible result.
Is DUI a Felony in California?
You may wonder, “Is DUI a felony in California?” The answer depends on your age, the number of previous convictions, and other factors in your case.
The law is complicated and subject to change. There are several potential penalties convictions for DUI cases may get. Common punishments include:
- Administrative suspension of your driver’s license
- Community service
- Criminal record
- Fines
- Jail time
- Mandatory alcohol education classes
- Mandatory installation of an ignition interlock device
- Probation
In addition to administrative and criminal punishments, receiving a DUI or DWI can result in losing professional licenses, scholarships and the inability to enter certain educational programs and extracurricular activities.
Top Rated Criminal Defense Firm
A top-rated attorney for DUI would strongly recommend that although you cooperate with the police officer if you are taken into custody, you reserve your right to “remain silent” and have a DUI defense attorney with local law offices present.
When the arresting officers question you, you can respond by saying that you wish to have a lawyer present before you answer any questions. This is your constitutional right, and as soon as you make it known that you want a good DUI lawyer present, officers can no longer question you.
What to Consider When Hiring DUI Lawyer in Los Angeles
You should consider several things when hiring a DUI lawyer in Los Angeles County. You want to choose from law firms with sufficient experience successfully defending DUI cases. You want DUI defense attorneys who have knowledge of local laws and good communication skills.
When you contact a DUI attorney, they will conduct a thorough interview to learn what lead to your arrest. They will review the police report and the evidence against you, including:
- Probable cause leading to the accused being pulled over
- Procedures including breathalyzers and field sobriety tests
- The constitutionality of the arrest and due process
In addition to superior investigators, the law offices you choose from should consist of skilled negotiators with a history of persuading the district attorney to lower the charges or drop them altogether.
Whether this is your first offense or you have prior convictions, the right Los Angeles DUI attorney can help. Contact the Law Office of Christopher Chaney for a free case review.
Previously Successful DUI Defense Strategies
When you contact the defense attorney, they will do a free case review of the police report and supporting evidence before planning the defense strategy. Some of the commonly used, successful DUI defense strategies include:
- Improper Stop by the Authorities
- Inaccurate Administration of Field Sobriety Tests
- Inaccurate Administration of the Portable or Standard Breathalyzer Test
- Nonstandard Chain of Custody of the Blood or Breath Test
- Rising Blood Alcohol Concentration (BAC) After the Stop but Before the Test
Even a first-time DUI offense can yield severe penalties, but having a knowledgeable DUI defense attorney can help you avoid a suspended license and other punishments. With the right defense, they may be able to have your criminal case dropped.
Contact Skilled California DUI Defense Attorneys
When you have been arrested for drunk driving or operating motor vehicles under the influence of any substance, a Los Angeles DUI law firm may be your answer. Regardless of the circumstances surrounding your DUI case, you may be able to avoid having a felony DUI on your criminal record.
Whether you plead guilty to an underage DUI, fail a field sobriety test, or refused a blood test, you won’t know how to retain your California driver’s license and avoid other DUI penalties until you confer with a DUI attorney. He may be able to have your drunk driving charges dismissed before the court arraignment. The best DUI lawyers have ample criminal defense experience and can handle any aspect of the DUI process while protecting your rights and mitigating potential penalties.
Contact Los Angeles DUI attorneys at the Law Office of Christopher Chaney for a free consultation and assessment of your drunk driving charges.
