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Los Angeles DUI Lawyers

1. Cavalluzzi & Cavalluzzi: DUI/Drunk Driving: Definition DUI stands for Òdriving under the influence,Ó as when a person operates a motor vehicle under the influence of alcohol or drugs. Note that being under the influence, or impaired, is not enough to be charged with DUI/drunk driving. A person must be impaired to such an extent that the ability to drive safely is in question. DUI/ drunk driving is a very common offense; thousands of people are charged with DUI every month. [ back to top ] DUI Ñ Common Charges The following numbers represent California Vehicle Code sections that are associated with DUI/drunk driving: 23152(a) - Driving under the influence of alcohol and/or drugs. 23152(b) - Driving with a blood alcohol level of .08 or above. Your ability to operate a motor vehicle does not have to be impaired in order for you to be convicted of violating 23152(b), which means that it is against the law to drive at all if your blood alcohol level is at .08 or above. 23153(a) - Driving under the influence and causing injury. A person would be charged with violating 23153(a) if he or she were involved in an injury-causing auto accident while operating a motor vehicle under the influence of alcohol and/or drugs. 23153(a) can be charged as a misdemeanor or a felony. Maximum Penalties: 23152(a) or (b) 1st Offense Ð 180 days in County Jail + Fine 2nd Offense within 10 years Ð 1 year in County Jail + Fine 3rd Offense within 10 years Ð 1 year in County Jail + Fine 4th Offense within 10 years Ð Felony, up to 3 years in State Prison 23153(a) Misdemeanor Ð 1 year in City Jail Felony Ð 3 years in State Prison Note: Even if you are charged with both 23152(a) and (b), the maximum penalty is the same. In addition, second, third, and fourth DUI/drunk driving offenses all have minimum jail times ranging from 96 hours up to 180 days. You should consult with attorneys to determine your eligibility for alternative sentencing that would eliminate jail time for DUI/drunk driving. [ back to top ] DUI/Drunk Driving Probation If you are convicted of DUI/drunk driving, you will probably receive probation for three to five years. In order to complete your DUI/drunk driving probation, you will have to avoid other incidents Ñ particularly those that are alcohol-related Ñ and comply with any other terms and conditions of your individual probation. These will likely include fines, a driver safety course, and/or community service. If you do not comply with the terms and conditions of your probation, you may have to go to jail for the maximum duration allowed by law. [ back to top ] Alcohol Classes A person who is convicted of DUI/drunk driving for the first time must complete a 3-month alcohol and driving class. This class is referred to as AB541 and may cost between $450 and $650. If convicted of a second DUI/drunk driving offense, an 18-month program (SB38) will have to be completed. It is more expensive than the 3-month class, usually costing over $1000. In addition to the aforementioned courses, the Court may sentence you to additional classes or other requirements. If you are facing DUI charges, we encourage you to solicit the advice of professionals like our DUI/drunk driving attorneys in West Hollywood and Beverly Hills . Cavalluzzi & Cavalluzzi can fully explain all of these classes and procedures to you. [ back to top ] DUI/DriverÕs License Suspension After your first DUI/drunk driving offense, your judge would most likely restrict your driverÕs license for 90 to 120 days, though you would still be allowed to drive to work or school, to alcohol classes or programs, and in case of emergencies. The DMV (Department of Motor Vehicles) has the power to, and most likely would, suspend your license separately. The DMV suspension for your DUI/drunk driving offense may in some cases last several months longer than the court suspension. If your license is suspended by the DMV, you will have to request a hearing to address the issue separately from any court proceedings. Be aware that the CourtÕs restrictions on your license may be consecutive to the restrictions imposed by the DMV for a DUI/drunk driving offense, meaning that you would have to complete both suspensions separately before you could get your license back. If you commit a second DUI/drunk driving offense, your license will be restricted for a minimum of one year. Keep in mind that, depending on your particular case, a second-time DUI/drunk driving conviction occurring within a 10-year period can result in your license being revoked and/or the installation of an alcohol detection device on your vehicle. [ back to top ] DUI/Drunk Driving FAQs Q: If I am convicted of DUI/drunk driving and it is the first time, must I do jail time? A: Most times, no, but there are exceptions. For instance, if your blood alcohol level was very high, the prosecutor would likely ask for jail time for the DUI/drunk driving offense. In any case, if you were to violate your probation, you would face jail time. DUI/drunk driving attorneys, such as those at the Beverly Hills/West Hollywood firm of Cavalluzzi & Cavalluzzi, are equipped to discuss the particulars of your case with you. For a second-time DUI/drunk driving conviction, there is mandatory jail time: a minimum of 96 hours. If you are still on probation from your first DUI/drunk driving offense, the amount of jail time may be longer. Q: How do I know if my blood alcohol level is .08 or more? A: This is a difficult question to answer. Blood alcohol level depends on many factors and is not simply related to the number of drinks you have consumed. Your gender, your weight, the size of each drink, how much alcohol each drink contained, the amount of time since your last drink, and how much food youÕve consumed are all factors in determining your blood alcohol level. As a very basic guideline, if you consume two to three drinks within a three-hour window (average-sized drinks, meaning 12 ounces of beer, 6 ounces of wine, or an 8 ounce mixed drink that includes one shot), your blood alcohol level will most likely be under .08 limit. These estimates should not be used as a strict DUI/drunk driving measurements. You may still be Òdriving under the influence,Ó even if your blood alcohol level is less than the .08 limit. Depending on the individual, one drink may be enough to impair driving skills. Q: If I am convicted for DUI/drunk driving, will it affect my car insurance rates? A: Usually, yes. But you will need to speak to your insurance company for details as to how much a DUI/drunk driving conviction would affect your premium. Q: What will happen if I drive while my license has already been suspended for DUI/drunk driving? A: If you drive while your license is suspended for DUI/drunk driving and you are caught, you will then be charged with violating Vehicle Code Section 14601.2, and you will face jail time for a minimum of 10 days upon conviction. In addition, an alcohol detection device may be installed in your vehicle. If you were on probation for your previous DUI/drunk driving offense, you will have violated your probation, and you could be sentenced to jail for 180 days. Q: People have told me that I donÕt need a lawyer for a DUI/drunk driving case. Is this true? A: Some people are under the impression that the only reason to retain attorneys is to get your DUI/drunk driving case dismissed. This belief, though, is misguided. DUI/drunk driving laws are complex, and you will want to make sure that you understand them and their consequences. Additionally, court proceedings can be stressful and time consuming; thus, it can ease your mind to have an attorney helping you through the process. Only you can decide whether or not you want legal representation for your DUI/drunk driving case. There are definitely benefits to hiring an attorney, though: 1) You may not have to appear in court for your DUI/drunk driving offense, since your attorney may appear for you. 2) Your attorney can remain available to you after your DUI/drunk driving case is finished so that, if you have questions or concerns, you can get answers. 3) Most importantly, a good attorney will know far more about a DUI/drunk driving case than you will. He or she will be able to interpret and explain all of your options and may in some cases have your charges reduced or even dismissed. Contact our DUI/drunk driving attorneys in West Hollywood/Beverly Hills at Cavalluzzi & Cavalluzzi for a free case review. Q: If an officer pulls me over for DUI/drunk driving, do I have to take the alcohol test? A: Yes. After being detained for DUI/drunk driving, you must take the breath or blood test in order to determine your blood alcohol level. Q: What happens if I refuse? A: If you refuse to take the blood alcohol test for DUI/drunk driving, you will face a greater penalty in court and your license may be fully revoked (not just suspended) for one year. If you find yourself in this situation, contact an attorney in order to discuss your options. Q: Is DUI/drunk driving considered a felony or a misdemeanor? A: Most DUI/drunk driving offenses are misdemeanors. However, if you are convicted of DUI/drunk driving four times within 10 years, the fourth charge may be classified as a felony. Alternatively, if you are driving under the influence and cause an injury-accident, the DUI/drunk driving offense may also be charged as a felony. Q: What should I do if I am pulled over for DUI/drunk driving? A: First, make sure you do exactly what the officer tells you to do. A lack of cooperation or a combative attitude can hurt your DUI/drunk driving case. If you have any medical condition or limitation, let the officer know about it before you take a blood alcohol test. Do not discuss any particulars, such as how much or what you drank, when you last ate, what you ate, where youÕre going or where you just came from, or anything else that may relate to your DUI/drunk driving case. If an officer asks you any of these questions, tell him or her that you would like to speak to an attorney before answering the questions. Do not offer information or admit anything. Q: What happens if IÕm under 21 and I am convicted of DUI/drunk driving? A: The punishment for DUI/drunk driving for those under 21 is more severe than for those over 21. A DUI/drunk driving conviction will result in your license being revoked for 1 year. [ back to top ]
2. Ticket Clinic: Protect Your Rights with a DUI Attorney! Imagine it: your license revoked. Your car impounded. Maybe even jail time. This is the reality you face if youÕre convicted of a DUI. One puff on that breathalyzer machine and your future can be turned upside-down. The bottom line is this: a DUI conviction stays on your driving record forever. It canÕt be erased. So what should you do if youÕre hit with a DUI charge? Just roll over and accept your fate? No way. You should fight back. A DUI Can Cost You Much More Than a Fine Getting a DUI is more than an inconvenience. Driving under the influence is considered to be a serious crime, and the penalties are severe. If convicted, you will not only lose your license, youÕll face possible jail time up to one year, even on a first offense. You may also be forced to complete at least 50 hours of court-ordered community service É not to mention DUI ÒschoolÓ, followed by AA meetings and counseling. And whatÕs more, if youÕre not a U.S. citizen, you face the possibility of being deported! When youÕre convicted of a DUI, that conviction will remain on your driving record indefinitely. It doesnÕt matter who you are or who you know. A DUI is a serious offense with serious consequences. ThatÕs why itÕs so important that you defend yourself against a DUI charge, and hire a DUI lawyer who will explore every avenue that might help you avoid conviction. Know Your Rights A DUI is a complicated matter, and one that you canÕt afford to take lightly; after all, your reputation and your freedom could be on the line! Simply because youÕve been charged with driving under the influence doesnÕt make you automatically guilty. Being aware of your rights is the first step in beating a DUI conviction. Our DUI lawyers may be able to help you weigh the evidence against you, build a strong case, and protect your good name. The Breath Test: Was your test conducted on dry, level ground with adequate lighting, or on a sloped side of a roadway with traffic speeding by? If you were forced to take a breath test under questionable conditions, your rights may have been compromised. The Road Side Test: Were you nervous and fatigued during the test, or do you wear glasses, contact lenses, or dental devices of any kind? If you had an existing physical impairment which may have negatively affected your road side test, you may have been treated unfairly in the eyes of the law. What About the Breath Machine? The breath machine is a device used by officers to determine the level of driver intoxication. Though reliable, it is often administered improperly, leading to flawed results. If your breath test was not given properly, the reading is meaningless - no matter how high it is. The Ticket Clinic retains several expert witnesses who are former police officers and breath- testing experts. TheyÕll examine your breath test results to determine if it was given to you in an inappropriate manner, or if the equipment used was faulty. If there is an issue with the way your test was conducted, our DUI attorneys will ask the court to suppress the results. Our experts will examine every technicality to make sure your breath test was done correctly and fairly. Fight to Get Your DriverÕs License Back Losing your privilege to operate a motor vehicle can be devastating. Having no means of transportation will leave you stranded and unable to do the basic, everyday things we take for granted - like going to work. The good news is that you can fight this suspension.
3. Tyler & Wilson: The prosecution needs to prove each and every one of the required elements beyond a reasonable doubt. If there is any doubt, any reasonable doubt, that the alleged facts do not fit the elements of the crime, the jury must acquit the defendant of the charge. It is your right to have a qualified criminal defense attorney investigate the facts of the case, impeach the creditability of adverse witnesses, present direct and circumstantial evidence that provides a reasonable explanation of the facts, and create doubt as to each and every one of the elements of each charge. PROTECT YOUR CONSTITUTIONAL RIGHTS!!! Your Constitutional rights protect you against the State and Federal Government as well as State and Federal Agencies. If you have been arrested, it is your Constitutional right: 1. To have your attorney present with you at every stage of the adversarial proceedings; 2. To have your attorney file motions to suppress the evidence, limit the evidence, and demand production of the evidence; 3. To have a just and speedy public trial; 4. To have your case heard by an impartial jury; 5. To remain silent and not testify against yourself; 6. To have your attorney cross examine the witnesses who will testify against you; 7. To offer evidence as well as have witnesses testify on your behalf to refute the prosecutor's theory; and 8. To appeal the trial court's rulings after trial is concluded.
4. Kahn, Kenneth: You Need a Knowledgeable, Experienced, Aggressive Lawyer to be Your Attorney if you or someone you care about is charged with driving under the influence... (an) effective advocate in the often intimidating and confusing criminal justice system.
5. David Diamond: If you have been arrested for Drunk Driving, you must request a D.M.V. hearing within 10 days of your arrest. If you do not request a D.M.V. hearing within 10 days of your arrest, your license will be automatically suspended or revoked. ¥ 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs. ¥ 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
6. RK Law Group: ÒDUIÓ stands for Driving Under The Influence and occurs when someone is operating or is in actual physical control of a motor vehicle while under the influence of alcohol or other controlled substantial to the extent that their mental faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offenderÕs expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for at least 7 years; it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities. However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
7. Debra White: DMV Hearings As soon as you are arrested for a DUI, your driverÕs license will be immediately confiscated by law enforcement officials. At this time, you will be issued a temporary permit that is good for 30 days. The only way to get your driving privileges reinstated is to attend a hearing with the California Department of Motor Vehicles (DMV). You have ten days from the date of your initial arrest to schedule this DMV hearing. Failure to do so will result in the automatic suspension of your driverÕs license for up to four months. At the hearing, a representative from the DMV will act as both the judge and the prosecutor in order to determine whether you are guilty of drunk driving. The DMV representative examines any data, information, or evidence gathered by law enforcement surrounding your arrest. At this time, you and your attorney will also have the opportunity to present witnesses and evidence in your defense. After the representative has evaluated all the facts, testimony, and evidence, he/she she will make a ruling to either sustain the suspension on your driving privileges, or have them reinstated. If you have been arrested on DUI charges in Los Angeles, it is important to hire an experienced DUI defense attorney to represent you at the DMV hearing, as well as in criminal court. Many individuals make the mistake of representing themselves. This is NEVER advisable. Without the assistance of a skilled attorney, you are putting your driving privileges in jeopardy and decreasing your chances of success. An attorney well-versed in DUI defense will be able to negotiate on your behalf, challenge hard evidence, and effectively question witnesses in your favor.
8. David D. Diamond:

   Los Angeles DUI Defense

   In the state of California, there are two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b).
   
   
   1. 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
   2. 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
   In most cases, you will be charged with a violation of both 23152(a) and (b). California law states that a defendant charged with drinking and driving can be convicted of BOTH offenses, however, he or she can only be punished for one. Vehicle Code section 23153 sets forth the "felony DUI" charges, where an serious injury results from the drunk driving, and Penal Code sections 191.5 and 192 describe the crime of vehicular manslaughter, where there is a death.
   
   
   ANY PERSON WHO OPERATES A MOTOR VEHICLE SHOULD BE AWARE OF THE FOLLOWING:
   
   
   1. It is a crime for anyone with a blood alcohol level of .08 percent or higher to operate a motor vehicle on a public roadway.
      
      
   2. It is a crime to drink any alcoholic beverage in a motor vehicle upon a public roadway.
      
      
   3. It is a crime to have an opened container holding any amount of alcoholic beverage in a motor vehicle on a roadway unless the container is kept out of the immediate control of the occupants.
      
      
   4. Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year.
      
      
   5. If you are arrested for driving under the influence and your blood alcohol level is .08 percent or more, your driver's license will be taken away by the arresting officer at the time of your arrest. A 30-day temporary permit will be issued by the Department of Motor Vehicles to allow for administrative review and appeal, then your license will be suspended for four months. If you refuse to take a test, your license will be suspended for one year.
      
      
   6. For a first conviction, you will be fined $390 to $1,000 and serve 96 hours to six months in jail with three to five years of probation.
      
      1. . . . with each subsequent violation the penalties are enhanced.
         
      2. . . . out-of-state convictions are considered prior convictions in California.
         
         
   1. For a second conviction, you will have the same fines as a first conviction; however, the term of imprisonment will be at least 90 days to one year.
      
   2. For a third conviction in seven years, it can lead to a prison term of two to four years, plus additional fines.
      
   3. A fourth conviction is an automatic felony.
      1. . . . upon a DUI conviction, if you were driving in a reckless manner and exceeding the maximum speed limit by 30 mph on a highway, or 20 mph on any other roadway, an additional 60-day penalty enhancement will be added to your sentence.
         
      2. . . . penalties will be enhanced up to 90 days for DUI if there is a minor child under the age of 14 in the vehicle at the time of arrest.
         
      3. . . . the DUI driver with a minor child under the age of 14 may also be convicted of child endangerment, which is a misdemeanor and is punishable by imprisonment in the county jail for up to one year, or in the state prison for two, four or six years.
         
         
   Note - fines do not include the cost of attorneys, vehicle impoundment or court penalty assessments (which may equal or exceed the original fine).
   
   Any teen who drives should be aware that . . .
   1. . . . alcohol-related traffic collisions kill more young people between 16 and 24 than any other single cause.
   2. . . . it is a crime for anyone under the age of 21 to drink alcohol.
   3. . . . anyone under 21 found driving with a blood alcohol level of .01 percent or higher will automatically lose their driving privilege for one year.
   4. . . . minors found driving with alcohol in their systems who don't yet have a driver's license, or who aren't eligible for a license at the time of the violation, will be disqualified from applying for a license for one year.
   5. . . . a driver under 21 with a blood alcohol level at or above .08 percent (the state's current presumptive level for DUI) can be arrested and prosecuted for driving under the influence.
   6. . . . anyone under 21 who is arrested for any alcohol or drug offense will have his/her license suspended for at least one year. If he or she does not have a license, the offender must wait an additional year before one will be issued.
   7. . . . it is a crime for anyone under the age of 18 with a blood alcohol level of .05 percent or higher to operate a motor vehicle.
   8. . . . anyone convicted of this crime will be sentenced and fined as an adult but will spend his/her sentence in a juvenile correctional facility or California Youth Authority Detention Center. There will also be a mandatory enrollment in an alcohol education program or community service.
   9. . . . the court may order that all fines and fees be paid by the parent(s) of the minor.