Los Angeles DUI Lawyers
- Gonzalez, Ramon:
Drunk Driving: the act of operating a motor vehicle after having consumed alcohol or other drugs, to the degree that mental and motor skills are impaired. All 50 states now have two statutory offenses. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI) or operating while intoxicated/impaired (OWI). The second and more recent is the so-called illegal per se offense of driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher. The first offense requires proof of intoxication, although evidence of BAC is admissible as presumptive evidence of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused may be convicted of both offenses, but may only be punished for one. It is also a criminal offense in all states to drive a vehicle while under the influence of drugs DUID, or under the combined influence of alcohol and drugs; the drugs themselves need not be illegal, but can be prescription or even over-the-counter. This offense requires evidence of impairment as a result of the drugs or drugs and alcohol. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) will be suspended. The blood-alcohol limit for commercial drivers 0.04%.
- Koch, Chris:
First Offense DUI
Within 10 years
Criminal (Misdemeanor) Sentences
For Driving Under the Influence of alcohol and/or drugs
(Vehicle Code Section 23152)
DMV PENALTY
First Offense
BAC .08 or greater
4-month suspension
REFUSAL 1 year suspension
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED
Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 180% apx.), plus either (A) 48 hours to 6 months jail and 10 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal).
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION
96 hours to 6 months in jail, $390 to $1,000 fine, and a 10-month license suspension.
WITH OR WITHOUT PROBATION
May impound vehicle for 6 months.
Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more.
- Sudar, Richard:
What to Do When Arrested
First and foremost, do not say anything to anyone. Whatever you say may be used against you in a court of law. If you have been arrested, charged, or suspected of committing a crime, it is vital that you contact a skilled criminal defense attorney immediately. Many people make mistakes in the early stages of the legal process that may be used against them later on. An attorney can guide you through the proper legal procedures and help you avoid any irreversible mistakes. The legal knowledge an experienced criminal defense attorney can bring to your case may be the difference between ÒguiltyÓ or Ònot guilty.Ó
DUI Charges in Los Angeles County
Driving under the influence may be charged if:
* An individual is driving while under the influence of alcohol and/or drugs (physical/mental abilities would be impaired)
* An individual is driving with a blood alcohol concentration of .08% or greater (or .04% for a commercial vehicle driver)
Most often, a driver is charged with both parts of a DUI offense. However, a person may face charges simply for driving under the influence or driving with a blood alcohol concentration of .08% or greater. For instance, even if a driver was driving perfectly safely and showed no outward signs of impairment, if his/her blood alcohol level was .095%, he/she may still be charged with DUI.
DUI Penalties in Los Angeles County
The penalties which may be imposed for a first DUI offense in Los Angeles County include the following:
* Jail sentence for up to 6 months (48-hour minimum sentence may be required)
* Probation for up to 5 years
* Fines and court fees of up to $1800
* DUI School / alcohol classes for up to 9 months
* DriverÕs license suspension for up to 6 months
- Gregory Caplan:
Many people make the mistake of believing that driving under the influence (DUI) offenses are minor. Yet, a DUI conviction can lead to jail time, monetary fines, vehicle impoundment, and driver’s license suspension. With such severe legal penalties involved, a DUI offense is anything but minor. In the state of California, driving under the influence is a serious offense that is vigorously prosecuted by all levels of law enforcement. Once a person is charged with DUI, he/she needs the expert legal representation of an experienced criminal defense attorney.
California DUI Law
In the state of California:
- It is illegal for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
- It is illegal for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
Los Angeles & San Fernando Valley DUI Defense
Once a person has been charged with driving under the influence in California, he/she may feel overwhelmed and confused. Even though a person’s legal options may seem bleak, he/she should not be discouraged. With the help of a reputable DUI defense attorney, the person stands a chance of successfully combating his/her criminal charges.
A DUI defense attorney can challenge the person’s blood alcohol and field sobriety test results. An attorney can also review the person’s case to see if any critical errors were made by law enforcement. Oftentimes, these seemingly minor details can make a great difference in the outcome of a person’s case.
If you have been charged with driving under the influence, it is in your best interest to speak with a qualified Los Angeles & San Fernando Valley criminal defense attorney. The legal penalties for a DUI conviction are far too severe to forgo the representation of a knowledgeable lawyer. An attorney can defend you in court, challenge evidence presented against you, and safeguard your individual rights.
- Robert Salinsky:
Driving Under the Influence or Driving While Intoxicated (sometimes called DUI or DWI) is one of the most common charges the average person might face in Southern California, including Los Angeles. Police officers are being pressed to enforce the DWI laws very strictly and it is very easy to be wrongly accused. At the same time, the penalties for DUI cases have become increasingly severe over the last few years. In addition to the embarrassment and damage to reputation, a person charged with a second DUI faces penalties including jail for up to a year and a $1000 fine + penalty assesments. Deferred Adjudication is specifically disallowed in DUI cases. Further, if your California license is suspended as a result of a DUI, your insurance rates will substantially increase for a 10 year period. The laws regarding California DUI cases are very complex and the prosecutors are experts in this field. You need a criminal defense lawyer that has the knowledge, experience, and aggressiveness to level the playing field and hold the state to its burden.
DUI penalties
Generally speaking, the penalties for DUI in Southern California are becoming increasingly severe. The specific range of punishment depends on a number of different circumstances. For example:
a) first offense: a first-offense conviction includes a fine not to exceed $1,000.00 and/or the possibility of serving jail time from up to 180 days, and a driver's license suspension of up to 6 months. (Misdemeanor).
b) second offense: (within 10 years of the first offense) the maximum fine increases to no more than $1,000.00 and/or jail up to one year, and a driver's license suspension of 2 years. (Misdemeanor).
c) third offense: (within 10 years of the first and second offense) here, you may receive 120 minimum mandatory days to 365 days of imprisonment, and suspension of your driver's license. (Misdemeanor).
d) fourth offense: (within 10 years of the first, second and third offense) a felony punishable by state prison, and a first DUI causing an accident with an injury is a felony punishable by state prison. (Felony)
e) DUI with an open alcohol container (first offense): In addition to the penalty referenced above you face a minimum 6 days in jail and a fine of no more than $2,000.00. (Misdemeanor).
f) DUI with an auto accident where serious bodily injury occurred as a proximate cause of the Felony: this crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (Felony).
g) DUI where a death has occurred as a proximate cause of the Felony: In California, you can be charged with 2nd degree murder.
- Garber & Garber:
The Defense Process
Every lawyer involved in the criminal justice system must adhere to a complex set of rules of procedure to ensure a fair trial. The rules apply to both prosecutors and defense attorneys. This complicated procedure means that the criminal justice system is best dealt with by an experienced criminal defense attorney. A defense attorney should get involved in a case at the earliest stages, even before interrogation, if possible. The arresting officers have the obligation to inform the person in custody that he or she has the right to an attorney, and the right to have an attorney appointed if he or she does not have the resources to pay for an attorney. Most of us are familiar with these warnings--called "Miranda" warnings, after the name of the U.S. Supreme Court case that first required the warnings--from crime dramas and television shows.
Crimes committed by children are handled by a separate criminal justice system, known as the juvenile justice system. Juvenile courts typically have less formal procedures, and a less formal manner of adjudicating cases. While many defense lawyers handle both juvenile and adult cases, some focus their practices on only one type of representation.
- Jeff Mann:
Being involved in the legal system can be a stressful, frustrating, and intimidating experience for non-lawyers-and not just for the people who have been drawn into legal conflicts. Their families face hardships and difficult decisions as well. You need an experienced and skillful attorney to represent you throughout that process.
- Guzin & Steier:
In Los Angeles, a drunk driving charge can be a serious matter requiring a criminal defense trial lawyer, because it may result in the loss of your California DriverÕs License.
DUI (DWI) / Drunk Driving Laws In California
Los Angeles, California has some of the nation's strictest laws for drunk driving or driving under the influence (DUI), and so a strong drunk driving defense trial lawyer is imperative to protect your ability to drive, and to make sure your civil rights were not violated during the arrest or field testing. California's BAC (Blood Alcohol Concentration) limit is.08% which is about four drinks in an hour for a 160-pound male. Drivers whose BAC does not exceed the BAC limits can still be convicted of DUI if other evidence such as a field sobriety test, shows their abilities were impaired. If you are a driver caught with illegally high alcohol levels in your blood or breath, or you refused to take (and complete) a chemical test, you can end up in criminal and civil court.
¥ Criminal Court: Criminal penalties imposed include jail and prison, fines, treatment, probation and license suspension.
¥ Civil Court: The DMV can suspend or revoke your California driverÕs license.
The consequences of refusing the chemical test are severe. The driverÕs license sanctions are more severe; you could face criminal charges on two counts (the DUI charge and test refusal); you could lose the possibility of a judge ordering probation as a substitute for jail; and you could receive a longer jail sentence if convicted.
- Arias Law Corporation:
If you have been charged with committing a crime, it is important to have an attorney to help you through the criminal process.
- Ken Behzadi:
If you or a loved one has been arrested or charged with any crime(s) or even if there is only investigation concerning you or a loved one, it is mostly important that you seek an experienced criminal attorney immediately! An experienced and aggressive criminal attorney can evaluate your case and advise you about the likelihood of success at trial or in the alternative obtaining a favorable plea-bargain. Sometimes your attorney might be able to have the charges dismissed completely.
- Kopple & Wolf: Even
if this is your first offense, the penalties for driving under the
influence (DWI) or under the influence of a controlled substance or
prescribed medications can be serious. Such penalties include: *
License suspension * Fines * Attendance in alcohol prevention programs
* Jail time
You may also be charged with higher insurance premiums for a period of
several years. If you've been charged with drunk driving, you need the
services of our attorneys. Our goal is to avoid the suspension of your
license, or at least obtain "restricted status", which will enable you
to drive to work.
- Geragos & Geragos:
MAN ACQUITTED OF DRIVING UNDER THE INFLUENCE A Los Angeles man was
acquitted of driving under the influence, and, after the jury hung 8-4
for acquittal on the charge of driving with .08% or more blood alcohol,
the judge rejected the District Attorney's request for another trial
and dismissed that charge in the interest of justice. Shepard Kopp,
trial attorney for the defendant, called it a complete vindication.
"Even though my client was stopped at 2 a.m. and admitted he was on his
way home from a bar where he had had two or three Crown Royal and
Cokes, and gave a blood sample that showed .11% blood alcohol, the jury
was able to understand that the prosecution failed to prove the charges
beyond a reasonable doubt."
- Oscar Winslow:
While Driving Under the Influence of alcohol and / or drugs (DUI) and
criminal traffic related offenses (such as 14601) are criminal
offenses... ...they are unique offenses and not many firms have the
experience or expertise. A DUI is a serious offense and should be
handled by an attorney with experience in these practice areas.
Return to California DUI Lawyers
|