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A person may be charged for a DUI under two different code sections: California Vehicle Code §23152, and California Vehicle Code §23153.

If a person is charged under California Vehicle Code §23152, it is likely a misdemeanor. If a person has been charged under California Vehicle Code §23153, it is likely a felony. Each code sections gives its own range of possible consequences. The final sentence a person may face will depend on the code section under which they have been charged, their criminal history and the facts of the case.

If a person has been charged under California Vehicle Code §23152, the person may face the following:

We have all seen Miranda rights read to a suspect on television, and most of us could probably recite them verbatim. However, Miranda rights are much more complicated than they appear to be on television.

When a person has been taken into custody and is being interrogated, authorities must read the person their Miranda rights, or anything that is said by the person being interrogated may be inadmissible in Court.

A person’s Fifth Amendment right protects them from self-incrimination. This means that they are not required to make any statements or admissions that may be used against them in court. For example, in a Los Angeles DUI, if an officer asks you if you were drinking and driving, and you respond “yes”, this could be used in court as evidence against you.

If you have been arrested and charged with driving under the influence in Los Angeles, you have not yet been convicted. The court must find you guilty beyond a reasonable doubt of two elements: 1) driving AND 2) intoxicated.  The potential sentence as it is outlined under statutory authority is in a range. This is because the specific sentence for each individual will depend on a myriad of factors, including the specific facts of their case and their criminal background.

If you are facing a conviction ,or have been convicted and are facing sentencing, it is crucial that you consult with a Los Angeles DUI lawyer as soon as possible. The knowledge and experience of a trained professional can provide you with the guidance you need for a thorough analysis of your case and an effective argument for the least possible sentence.

In addition to the general range of sentencing outlined in the California Vehicle Code §23152 and 23153, there are additional factors that could result in an additional sentence. These arise out of the facts of your arrest.

When you have been arrested for suspicion of driving under the influence of alcohol under California Vehicle Code §23152, you will be asked to submit to a Preliminary Alcohol Screening Test.

The Preliminary Alcohol Screening Test, or the PAS Test, is a breath test that is given at the scene of the potential arrest. What many people do not know is that this test is voluntary. You are not required to take it. Many times people are not informed that it is voluntary, or in an effort to cooperate and wanting to please officers, people will submit to it.

There are some pros and cons to taking this test. It is not always recommended that you refuse to take it or that you take it.

When you are facing criminal charges it is highly recommended that you speak to a Los Angeles lawyer who specializes in DUIs. An experienced and knowledgeable attorney will be well versed in available defenses, in arguments to be made, and what the most effective strategy would be.

Without an attorney, you would not know if you had a defense available. If there is a strong defense that will work in your favor, that could mean your entire case could be dismissed or in the very least dismissed.

At your first court appearance, the arraignment, the prosecutor will offer a plea bargain. A plea bargain is generally offers a complete sentence in exchange for your guilty plea without going to trial. Most laypersons are not going to know what is a good offer, and what offer is not beneficial to them given the facts of their case. An attorney who has had experience will know when to accept and offer and when to say no, and proceed to trial. You need someone that has that expertise to provide you with guidance.

If you have been arrested for suspicion of driving under the influence of alcohol and/or drugs, you have not yet been found guilty by the Court of law. This means that it has not yet gone on your record, and it will not unless Prosecutors can show that all of the elements of a DUI have been met beyond a reasonable doubt. There are two elements in a DUI; 1) the driver must be intoxicated and 2) the driver must be operating a vehicle. If both elements are not met, beyond a reasonable doubt, then the person cannot be found guilty.

There are a few ways a DUI case can play out. You can either enter a plea or be found either guilty or not guilty through trial. Lets consider the following factual hypothetical background, and then discuss the two different options a case can have.

Dina is driving home from a friend’s birthday party. She has had two beers and has smoked marijuana with her friends. On her way home, she runs a red light and is immediately stopped by officers. Officers ask if she has been drinking, to which Dina replies that she has, but has only had two beers. She also submits to a breathalyzer test, and blows a .10 BAC. She is arrested, and taken into custody.

Under California Vehicle Code §23152, it is unlawful to be operating vehicle while under the influence of drugs, alcohol or both. In order for a person to be charged, prosecutors simply have to have reason to believe that a person is guilty of driving under the influence. However, for a person to be convicted of a DUI, prosecutors must prove, beyond a reasonable doubt, that the person being charged was not only driving, but was also intoxicated at the time he or she was driving. Both elements must be present, if there is only one, then the person cannot be found guilty of a DUI.

It is easier to demonstrate in a court of law that a person is under the influence of alcohol while operating a vehicle, than it is to prove the influence of other drugs. Alcohol can easily be tested for, and detected in a bloodstream. This is why when officers believe a driver is under the influence of alcohol, they will administer a breathalyzer test, or a blood test. The test will often provide accurate results as to the amount of alcohol in a person’s blood stream. Based on date, the legislature has even been able to quantify the amount that would qualify as intoxicated.

The use of drugs, specifically marijuana, is a lot harder to demonstrate as a blood test or breathalyzer will not provide an accurate calculation of intoxication. Even if there is marijuana present in a person’s system, it could have been from a day before, and the person may not be under the influence.

When a person has been charge with drinking under the influence in a Los Angeles DUI Case , they will be given a date to appear in Court. This date is their arraignment. At the arraignment, the person’s rights will be read, the charges against them, and the potential consequences they may face. At the arraignment, they will also be given a plea bargain. A plea bargain is an offer made by prosecutors. If you accept the offer that day, you will plead guilty, and the case will be concluded.

The purpose of a plea bargain is to offer a set sentence, that may be lower than what a person could have gotten at Trial. This allows the person to know exactly what they are facing, rather than take the chance in Court. This seems like a great deal, however, it may not be if the person accepting the plea does not know if the offer is a good one.

Let’s consider an example. David has been charged with driving under the influence. He does not want to deal with the whole ordeal and case. He wants it to be over as soon as possible. He appears at the arraignment without an attorney. He has no criminal record, and his blood alcohol level is .09. He failed to stop at a stop sign and was pulled over and asked to submit to a field sobriety test. He was compliant and offered officers all the information that they needed.

There are many different defenses to a Driving Under the Influence Case. If the facts of your case allow for a strong defense, there is a good probability that you will get your case reduced or dismissed. One such defense is that of the Raising Alcohol Defense.

The raising alcohol defense, simply put, argues that your blood alcohol content rose after you had been driving, implying that your BAC was under the legal limit when you were actually driving.

Let’s consider an example. Donny is going out to a local bar with his friends. All his friends have come over to his apartment, and his plan is to drive to the bar and take a cab back home later on that night. Just as they are leaving his apartment, Donny takes a few shots with his friends, and they head out to the bar. The alcohol has not yet been absorbed by Donny’s bloodstream. As he is driving there, he is feeling fine, and does not feel as if he is intoxicated. Pulling into the bar, Donny makes a right at a red light without stopping and is pulled over by officers. Officers ask Donny if he has been drinking, to which Donny replies truthfully that he has. He is asked to submit to a field sobriety test at the site, to which he agrees. The BAC at the site is .03. Officers take him into custody, and about an hour and a half later Donny is asked to submit to a breathalyzer at the station. This test is not optional, so Donny does not have a choice to refuse. Refusing could result in additional consequences. Donny submits to the test and his BAC is .1. Even though he has not had any additional drinks, the alcohol is now absorbed and impairing Donny.

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One set of facts, or incident, can give rise to an innumerable amount of charges. Many people believe that it will be one charge, with additional consequences. That is not the case. If you have been stopped for suspicion of driving under the influence, you could potentially also be charged with a probation violation, if you were on probation at the time.

The best way to understand this concept is through a detailed example.

Some time last year, Don was driving home from a friend’s birthday party. He had have a few drinks and was stopped for suspicion of driving under the influence of alcohol. Don was very stressed out about his case, and did not have a lot of money to spend on a lawyer. On his arraignment date, the prosecutor offered to conclude Don’s case that day if he pled guilty. They offered him no jail time, just a fine, and three years of probation. Don immediately took the deal. He wanted his case to be over with so he could move on and stop worrying about it.

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