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Los Angeles DUI Lawyers

1. Richland, Bruce: DRIVING UNDER THE INFLUENCE MISDEMEANOR VS. FELONY The crime of Driving Under the Influence of alcohol and/or drugs (DUI) can be charged as either a misdemeanor or a felony. Driving Under the Influence is usually a misdemeanor. If there are aggravating circumstances, a DUI charge can become a felony. Aggravating circumstances can result from accidents and/or injuries, if minor children were present, a breath or blood sample refusal, extremely high alcohol levels, speeding or evading, if you are on probation, if it is your 4th DUI arrest, or if you had a prior felony DUI in the last 10 years. If proven true, aggravating circumstances will increase the punishment such as jail time, increased fines and/or loss of driving privileges. The law allows The Law Offices of Bruce Richland, PC to appear for our clients charged with misdemeanor DUI; you will not have to appear in court. This bonus is not available in a felony DUI. JAIL The difference between misdemeanor and felony DUI rests primarily with the punishment that can be imposed upon conviction. Misdemeanors allow for a maximum of one year in county, or local, jail. Felonies expose a person to state prison. Most first-time DUI cases result in zero jail. If there are aggravating circumstances (see above), even if you are not charged with a felony, the prosecutor and/or the judge may want to send you to jail. If this is your 2nd DUI within 10 years, the law allows the prosecutor to insist upon at least 96 hours in jail. If this is your 3rd DUI within 10 years, the law allows the prosecutor ask for a minimum of 120 days in jail. A fourth DUI within 10 years can become a felony with a potential state prison sentence. NO JAIL There are alternatives to having to go to jail. California is famous for its sentencing alternatives, for example: Electronic Monitoring (House arrest): An ankle bracelet, with or without a sensor that detects alcohol, to monitor a personŐs whereabouts. Electronic monitoring programs offer flexibility by sometimes allowing a person to leave the home for reasons including, work, alcohol education programs, shopping, religious services, etc. Community Service: Community service is generally not physical labor, and is available, especially for people with physical limitations (and as an alternative to fines). Cal Trans/Graffiti Removal: Physically demanding work, such as picking up trash on the freeway, or, removing graffiti. Some jurisdictions allow beach clean-up or neighborhood beautification. Work Furlough: Work at your job during the day, and return to housing at night. Keep your job. Sober Living Programs/Drug Rehabilitation: Alternative to jail for those dealing with alcohol or drug addiction. Time spent in program can count as time spent in jail. FINANCIAL EFFECTS: Court fines can add up to more than $1,500, for your first DUI. A court ordered alcohol program will cost at least $500. The driverŐs license reissuance fee is $125. Insurance companies use this as an excuse to increase their rates. There can be restitution payments ordered where property damage and/or physical injury has occurred. Many jurisdictions charge for policeman, fireman and paramedics who respond to the scene of a DUI and provide services. You need to challenge the charges to avoid this financial hardship. UNDER 21 Those under 21 have additional issues upon an arrest and conviction of DUI, and the consequences can be very tough. California has a zero tolerance for those under 21 years of age who drink and drive. Drivers under the age of 21 can suffer the same DUI charges as those over 21. An underage drinker who then drives faces an automatic license suspension. The DMV (Department of Motor Vehicles) will want to take away your license for 1 year. However, there are exceptions to this suspension based upon establishing a critical need to drive for school and/or work. These exceptions are very limited, but you need to present this to the judge in order to avoid losing your license. YOUR DRIVING RECORD The DMV looks back 10 years to determine if you have any prior driving under the influence, or related, charges. If so, there are increased, or enhanced, penalties. If you received a DUI in another state it can be used against you, as well. A DUI will put two points on your driving record. A Hit & Run DUI will add 5 points. If you receive 4 points in one year, 6 points in two years or 8 points in three years, the DMV will seek to suspend your license for at least 6 months. You need to fight to save your license. SAVE YOUR LICENSE After being arrested for DUI, in addition to the criminal charges you are facing, an administrative hearing with the Department of Motor Vehicles must be scheduled or the DMV will automatically suspend your license to drive 30 days later. This hearing must be requested within 10 days of that arrest. This will put stay, or hold, on any action against your driving privilege and you can drive, legally past the 30 day cut-off (assuming there are no other licensing issues outstanding). The hearing will allow you to fight the DMV and fight to save your license. If you do nothing, the DMV will automatically suspend (i.e., take away) your license for 4 months on a 1st DUI. At the very least, The Law Offices of Bruce Richland, PC will arrange for a restricted license that will allow you to drive for work. If you prevail over the DMV, you can avoid any action against your license. On a 2nd DUI, the DMV will try to suspend your license for 1 year. On a 3rd DUI, the DMV wants to revoke your license. If youŐre a charged with refusing or failing to complete a breath or blood test, the DMV wants to take away your license for a minimum of 1 year. If you don't fight them, you can't win. If you do not reside in California you must take an approved course in California if you ever want to drive legally while there. The court can be satisfied with a program from another state but the DMV will insist you take the California version in order to drive while in California. You must fight the DMV to save your license. If you donŐt try, I wonŐt happen. OUT OF STATE RESIDENTS If you reside outside of California, but are charged with misdemeanor DUI while in the Golden State, you do not have to appear in court. The court does not look down upon you because you are not there, and they donŐt praise you for being able to hire your own attorney. The law allows The Law Offices of Bruce Richland, PC to appear for our clients charged with misdemeanor DUI. DRUGS Cases involving driving under the influence of drugs are prosecuted like DUI cases involving alcohol. The issue is whether the drug causes enough mental or physical impairment at the time of driving. It does not matter whether the drug is legal and/or lawfully prescribed. It is possible to be convicted of driving under the influence of any substance that causes a person to be unable to safely operate a motor vehicle. Unlike alcohol cases, there is no ŇautomaticÓ limit involving drugs. The prosecutor will try to introduce evidence related to driving, objective symptoms, field sobriety tests and chemical test results, if not refused. DUI FACTS * When someone is arrested for diving under the influence of alcohol, they are offered a choice of a blood or breath test. If arrested for driving under the influence of drugs, they are offered a choice of a blood or urine test. * Field sobriety tests are voluntary. * Lawful substances can create artificaially high alcohol levels. * Body temperature can affect the breath test results. * Blood samples can ferment, and create artificially high alcohol readings. * It takes one hour for each standard drink to be Ňburned offÓ or eliminated from your body. * According to the breath machine manufacturer, there is a margin of error in breath-testing equipment. * The arresting officer is required to continuously observe a person for fifteen minutes immediately prior to administering the breath test.
2. Gutierrez Curtis Gutierrez: Driving under the influence is a serious offense that THE CRIMINAL JUSTICE SYSTEM AND DMV do not take lightly. If you have been arrested FOR and charged WITH A DUI, you will face a variety of harsh penalties, including jail, probation, steep fines, driverŐs license suspension, mandatory treatment programs, community service, and a mark on your permanent record. PROSECUTORS AND THE POLICE WANT YOU TO BELIEVE THAT THEIR DUI ŇSCIENTIFIC INSTUMENTSÓ ARE INFALLIBLE AND ARE ALWAYS COMPLETELY ACCURATE. THAT IS NOT TRUE. EVERY DETAIL OF YOUR DUI CASE MUST BE ANALYSED. WE INVESTIGATE THE DUI SCIENTIFIC CALIBRATION MATERIAL, THE DISPATCH AUDIO TAPES AND LOGS, ALL REPORTS, INTERVIEW WITNESSES, AND CROSS-EXAMINE OFFICERS AT THE DUI DMV HEARING TO ASCERTAIN EXACTLY WHAT ARE THE STRENGTHS AND WEAKNESSES OF YOUR DUI CASE. It is illegal in the state of California to drive or operate a motor vehicle while under the influence of drugs or alcohol such that it affects your ability to operate a motor vehicle safely, THIS IS KNOWN AS A DUI. When people drive under the influence, they not only put their own lives in danger, but they also risk the lives of innocent drivers and passengers on the road as well. Second only to murder, DUI is the number one crime in America that results death. This is the reason LAW ENFORCEMENT AND prosecutors consider A misdemeanor DUI charge so serious. In California, it is illegal to drive or operate a motor vehicle with a blood alcohol concentration (BAC) level at or above 0.08%. BAC refers to the amount of alcohol currently in a personŐs bloodstream. When a driverŐs BAC level meets or exceeds the 0.08% legal limit, he/she may be guilty of driving under the influence, and will be arrested and charged with DUI. Driving with a BAC above 0.08% may impair the driverŐs physical and cognitive abilities, and decreases his/her level of alertness and concentration. BREATHALIZERS HAVE A BUILT IN DEGREE OF ACCURACY RANGE OF .02; WHICH MEANS IF YOUR RESULT WAS .09, YOU WERE ANYWHERE FROM .07 TO .11. UNDER THE LAW THIS MEANS YOU ARE NOT GUILTY. DO NOT ACCEPT WHAT YOU ARE TOLD IS THE EVIDENCE AGAINST YOU, HIRE SEASONED RETIRED JUDGES AND FORMER PROSECUTORS TO REVIEW YOUR EVIDENCE. LET US PROVE THAT YOU WERE NOT GUILTY. Blood alcohol concentration, or content, (BAC) refers to the amount of alcohol in a personŐs blood stream. In California, it is illegal to drive with a BAC level at or above 0.08%. If a driver is under the age of 21, he/she is not permitted to drive with a BAC at or above 0.01%. Any person found driving with a BAC level at or above 0.08% or 0.01% respectively will be arrested and charged with DUI. AFTER ARREST In California, when you apply for a driverŐs license you are required to sign an agreement to submit to a chemical test if arrested for suspicion of DUI. This is known as the implied consent law. If arrested for DUI you must submit to a chemical test. Failure to submit to a chemical test will result in a one year suspension of your driverŐs license, separate and apart from the criminal aspect of the case. PRIOR TO ARREST Under the Fourth Amendment to the United States Constitution, you are not required to blow into the breath machine before being arrested for DUI. However, if after you arrested for DUI, you must submit to a chemical test or risk losing your license for one year. When a person drives with a BAC level above the legal limit, his/her physical and mental capabilities can be jeopardized, and he/she is more likely to be involved in a serious accident. There are several ways a police officer can test a driverŐs BAC level. The fastest and most popular way to test a driverŐs BAC level is with a breath machine. When a person blows into the machine, it measures the alcohol concentration found in his/her deep lung region, which supposedly correlates to the amount of alcohol in the bloodstream. Another common way for law enforcement officers to test BAC levels is through a blood test. Blood tests are much more accurate than breath tests, and are typically administered at the police station by a trained technician. The advantage to choosing a blood test is that we can have an independent laboratory analyze the blood sample. In cases where the driver is suspected of driving under the influence of drugs, he/she is required to submit to a blood or urine test. Most people are surprised to hear that these tests are not 100% accurate and are prone to human error. An experienced attorney can challenge the validity of these tests to get your charges reduced or dropped. In addition, a skilled attorney can help you avoid the legal penalties you would potentially face if you were convicted of DUI, such as probation, steep fines, jail, alcohol treatment programs, community service, and a mark on your permanent record.
3. Bisnow, James: There are a lot of lawyers out there who simply donŐt have what it takes to get what you need.