DUI
DUI Lawyer in Los Angeles
If you are facing a DUI charge, you might feel like a conviction is unavoidable, but this is not the case. At the Dixon Justice Center, our skilled attorney has successfully fought against charges to help our clients keep their driving privileges at Department of Motor Vehicles (DMV) hearings. If you have been arrested for drunk driving, do not wait to call us. From our initial meeting onward, our attorney will advocate for you and work to defend your rights. Although DUI cases are often complex and the cost of a conviction is high, you can put your trust in our Los Angeles DUI lawyer.
California’s DUI Laws
California defines DUI as operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher, or while under the influence of drugs. To be considered “under the influence,” the substance you have taken must significantly impair your normal cognitive or motor functions. Additionally, you have to be driving a vehicle to be charged with DUI. This is different than laws in other states where an officer could arrest you if they found you sitting in a parked car while drunk or otherwise intoxicated.
Most DUI charges are misdemeanors in our state, but there are a number of factors that can elevate them to felonies. These include injuring or causing the death of someone while driving under the influence, being convicted three or more times of DUI within a period of ten years and having been convicted of a felony DUI before.
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DUI Penalties in California
Being convicted of DUI in California can have severe effects, and repeated offenses are heavily penalized.
The consequences of a DUI conviction are as follows:
- A first-time offense can result in 6 months in jail, up to $1,000 in fines, a 6-month license suspension, and having to use an interlock ignition device (IID) for up to a year
- A second offense can result in up to a year in jail, $1,000 in fines, a 2-year license suspension, and having to use an IID for a year
- A third offense can result in up to a year in jail, $1,800 in fines, a 3-year license suspension, and having to use an IID for 2 years
A fourth DUI conviction is a felony, and judges will consider all future DUI charges felonies as well. The penalties for a felony conviction are much steeper than those for misdemeanors. If you are charged with a DUI felony you will face a year in jail and fines of up to $1,000, in addition to losing your license for 4 years.
For help with your DUI case in Los Angeles, Riverside, San Bernadino, or in Orange County, call the Dixon Justice Center at (833) 521-0156 or contact us online.
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“When talking to Ronda, we didn’t jump right into legal discussions she took the time to give me advice about my situation in general.”
Should You Participate in a Field Sobriety Test?
According to California law, you do not have to participate in a field sobriety test (FST) if an officer asks. This could be an important thing to do for your defense. FSTs frequently rely on the subjectivity of an officer. If an officer has already pulled you over on the suspicion that you are driving under the influence, their mind might already be made about the outcome of the FST.
Unlike FSTs, California’s implied consent law does require you to participate in blood and breath tests. If you refuse a blood, breath, or urine test after you have been arrested, you face fines and license suspensions. It is important to know, however, that the law only requires you to participate in these tests after you have been arrested.
When we say we protect our clients’ rights, this means we aggressively target violations during an arrest. If you believe that an officer coerced you into performing an FST, had no probable cause to pull you over and perform a sobriety test, or violated your rights in any way before or during your arrest, contact us with this information. Our attorney can help you make the case that the arresting officer acted improperly and work to help you get the justice you deserve.
The California DMV Hearing
In addition to the standard criminal court proceedings for DUI charges, you will have to appear at a DMV hearing. This meeting is administrative and does not have any bearing on the outcome of your criminal case. The DMV hearing instead concerns your ability to legally drive.
If you have been arrested for DUI, you must schedule a hearing with the DMV within 10 days. Otherwise, your license will be suspended automatically 30 days after your arrest.
Similar to appearing court, you are entitled to representation at the DMV hearing. You can also present evidence to support your case, including providing witnesses to testify on your behalf. At this hearing, the presiding DMV officer will consider three important questions when determining the status of your license:
- Was there enough evidence to establish probable cause to pull you over?
- Likewise, was there enough evidence to establish probably cause for an arrest?
- What was your BAC at the time of arrest (if you submitted to the test)?
After making these considerations, the DMV officer will decide whether to suspend your license.
Just as we would defend you in a formal court hearing, we can help make your case at the DMV hearing. Knowing what considerations the DMV officer must make, we can tailor a defense that targets their questions and works to preserve your right to drive. For instance, if there was no substantial evidence for why you should have been pulled over in the first place, we can argue this point and contend that the DMV officer should set aside your license’s possible suspension.
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