DUI Attorney in Sherman Oaks, CA
DUI, or driving under the influence, is the offense of operating a motor vehicle while impaired by alcohol or other drugs to a level that makes the driver incapable of operating the motor vehicle safely.
If you have been charged with a DUI, you may be wondering about the next steps, possible consequences, and what defenses are available. An experienced DUI lawyer can help you understand the laws, the legal process, and defense strategies.
At the Law Offices of Christopher Chaney, we provide innovative legal solutions for our clients. No matter the DUI offense, we will advocate on your behalf. Contact us 24/7 at (818) 453-6396 or here to schedule a free consultation to discuss your case.
Types of DUI-Related offenses
In California, a person is legally considered to be under the influence if their blood alcohol concentration is:
- 0.08% or higher if you are over 21 years old.
- 0.01% or higher if you are under 21 years old.
- 0.01% or higher at any age if you are on DUI probation.
- 0.04% or higher if you drive a vehicle that requires a commercial driver’s license.
- 0.04% or higher if you are driving a passenger for hire.
However, there is no set legal limit for drug concentration levels. The presence of prescription drugs can also result in a DUI.
First, second, and third-offense DUIs are generally considered misdemeanor offenses. Fourth offense and subsequent DUIs are felonies and carry more severe penalties. A DUI is also considered a felony if the driver was involved in an accident causing injury to another or a fatality.
Consequences of DUI Convictions
DUI convictions carry significant penalties that can drastically impact your life. A conviction could result in hefty fines, license suspension, mandatory drug and alcohol education programs, ignition interlock device installation (IID), probation, community service, and even incarceration. Not only do these measures profoundly impact your personal life, but they can also have long-term consequences on your reputation and career.
In general, a DUI conviction can result in the following consequences:
- Fines. Depending on the severity of the DUI charge, an individual can face fines ranging from $390 to $5,000. This amount does not include penalty assessments and other administrative costs.
- License suspension. The Department of Motor Vehicles (DMV) can suspend your driving license for several months, years, or permanently based on the severity of the charges and your prior DUI record.
- DUI education programs. You may be required to attend mandatory alcohol and drug education programs as a part of your sentence. These programs aim to teach individuals about the dangers of alcohol and drug misuse.
- Ignition Interlock Device (IID). In some cases, the court might order the installation of an IID in your vehicle. This device requires you to submit a breath sample before the engine can start and periodically while the vehicle is running to ensure sobriety.
- Probation and community service. Probation periods can be imposed instead of, or along with, jail time. Furthermore, you may be ordered to perform community service.
- Incarceration. DUI charges can lead to imprisonment ranging from a few days to several years, based on the nature of the violation and any prior convictions.
A knowledgeable Sherman Oaks DUI lawyer can help you understand the potential penalties for your DUI charge, assist you in building a solid defense, or negotiate with the prosecution to reduce these penalties.
DUI Legal Process
If a law enforcement officer suspects you of driving under the influence, they may have probable cause to stop you and conduct a field sobriety test. After you are stopped for a suspected DUI, you can expect the following things to occur:
- Arrest
- Breath or blood test
- License suspension
- DUI Charges
- Initial court appearance
- Filing pre-trial motions
- Plea negotiations
- Trial
- Sentencing
The exact steps involved will depend on the circumstances of your case. Your DUI lawyer can explain the criminal justice process and your rights as a criminal defendant.
Defenses in DUI Cases
Depending on the circumstances of your DUI, certain defenses may be available. Your attorney will review the facts of your case. They will also investigate everything leading up to and after your arrest to determine if any procedural errors occurred that can lead to a dismissal.
Common DUI defenses include:
- Challenging probable cause for the traffic stop
- Challenging the accuracy of field sobriety test
- Procedural errors by the arresting officer, like failure to advise of Miranda Rights
- Breathalyzer errors
- Legality of a DUI sobriety checkpoint
It is important to remember that every case is unique, and the mentioned defenses may not be applicable. A Sherman Oaks DUI attorney at the Law Offices of Christopher Chaney can help you understand any available defenses and an appropriate defense strategy.
How Can a DUI Lawyer Help?
Being charged with a DUI can feel overwhelming and intimidating. A DUI attorney plays a critical role in helping you navigate this complex legal process.
A DUI lawyer at the Law Offices of Christopher Chaney will be your advocate, advisor, and guide.
- Advocate: We will work hard to advocate for your rights and build a defense strategy. Our criminal defense attorneys devise innovative legal solutions to challenge the prosecution’s case, negotiate on your behalf, and work toward the best possible outcome.
- Advisor: The criminal justice system can be confusing. Your DUI lawyer has the knowledge to explain the laws and procedures that apply to your case, helping you understand what is happening at each step.
- Guide: Finally, your lawyer will guide you through the legal process, assisting you in making crucial decisions such as whether to plead guilty or go to trial, and advising you how to behave and what to say in court.
A DUI conviction can impact your daily life and future. Hiring an experienced criminal defense attorney can help you understand the implications and determine a suitable strategy for addressing these charges.
Contact a DUI Attorney at the Law Offices of Christopher Chaney
If you have been charged with a DUI, the Law Offices of Christopher Chaney is on your side. With decades of criminal defense experience, our attorneys have helped clients fight a wide range of DUI charges.
Our lawyers are with you every step of the way, aggressively fighting for your freedom. We use our knowledge and legal skills to craft a defense strategy or effectively negotiate with the prosecution.
Do you have questions about your DUI arrest? Not sure what to do next? Schedule a free consultation now.
