Los Angeles DUI Lawyer Blog

Being arrested for a DUI in California can be a troubling experience and what happens after the arrest can be just as important as what happened during the arrest. The actions that you take after a California DUI arrest will determine what path the situation will take and what the ultimate outcome of the California DUI defense will be. There are several steps that you should take after a DUI arrest in California and taking these steps will make the rest of the process much easier for you.

The first thing that you should do after a California DUI arrest is to stay calm and take stock of your situation. Becoming hot headed and argumentative has never solved any problem and may make it much harder to mount an effective defense in court to prove your innocence or get the charges reduced. No matter how angry you are or how unfair you believe the arresting officer, refrain from committing any action at that point or before your case goes to trial that would hinder your ability to be defended in court.

The next step you should take is to secure a California criminal defense lawyer to discuss your options with you and defend your case in court. Many of the people that choose to defend themselves in a California DUI case make their situation worse by erring through ignorance of the laws of California or have no experience in criminal defense law so they do not know the proper way to handle the myriad court rules that must be followed for a California DUI defense. Criminal defense attorneys in California are some of the most experienced attorneys for defending DUI cases because they often handle hundreds of these cases each year.

The interstate highways in California are prone to accidents. Mostly, these accidents are brought about by drunk drivers. Drunk driving, if not a major offense, puts people in high risk of getting injured.

California drunk driving laws are found in the Vehicle Code section 23152. The first section is the misdemeanor to drive under the influence of alcohol and drugs while the second section is the misdemeanor to drive with 0.08% or more of alcohol is your blood. Unfortunately, in most cases, people convicted on either section will be charged under the California DUI laws.

However, before an individual is convicted to drunk driving, the process usually begins when a driver is being pulled over by an officer. Interrogation follows and the individual is oftentimes asked to make incriminating statements that will be later used against him even without being given the Miranda procedure or a right to an attorney. The officer may also request a breath test using a hand held PAS (preliminary alcohol screening) device. By now, the offender was already placed under much stress already. To make matters worse, the driver will be asked to do a field sobriety test which is a physical exercise that even sober individuals might have hard time completing. In most cases too, the police officer will neglect to inform the offender that these field sobriety tests are usually not required by the law.

In cases such as these, the offender will be subjected to a chemical test such as a blood or breath test which is often done in the police station. During this time, an attorney is still not present. If, however, the offender refuses to undergo such testing, then the law imposes an automatic one year license suspension and a jail service.

After the offender's release, the individual has two separate proceedings to deal with. The first proceeding is the administrative license suspension. This suspension begins 30 days after the arrest for first time offenders and one year for second time offenders. It is followed by a second proceeding that involves the criminal prosecution of the offender in court. However, both the suspensions and the criminal prosecution can be successfully challenged by a good DUI California criminal attorney.

Getting help from a DUI California criminal attorney can help you iron out your criminal and administrative license suspension with more reliability and confidence.

One of the most asked questions regarding a Los Angeles DUI is what are the criminal penalties associated with a California drunk driving arrest. The penalties that are associated with the Los Angeles DUI will depend on the criminal charges that are filed in the case. In most cases, these criminal charges will be 'driving under the influence of alcohol' and 'driving with .08% or higher blood alcohol concentration'.

The penalties for both of these charges are similar. Under the current law in California, there are multiple penalties that can be assessed for a Los Angeles DUI. The actual penalty will depend on the circumstances surrounding the DUI arrest and the discretion of the judge that is hearing the case.

A first offense DUI in California is punishable by a minimum of 4 days to a maximum of 6 months of incarceration. The fees and fines associated with a DUI conviction can easily top $1500 and that does not include the cost of hiring California criminal defense attorneys to represent you in court. In many cases, the judge will require that the offender attend a state-approved DUI school for a minimum of three months and may even require a longer duration if the person has a high blood alcohol level at the time of the DUI arrest.

Other penalties that may be imposed after a DUI conviction include community service requirements, probation for up to three years, and/or the required installation of an ignition interlock device on the offender's vehicle. A driver's license suspension may also be imposed by the Court or the Bureau of Motor Vehicles for a period of up to six months.

In the event of special circumstances, or 'enhancements', in the DUI case against the defendant, harsher penalties are called for. One of these special circumstances is refusing to submit to chemical testing, which is punishable by a one year driver's license suspension and eliminates the possibility of getting a work-restricted license. Another special circumstance that routinely appears in these cases is speeding in excess of 30 mph on the highway or 20 mph on city streets, which is punishable by a minimum 60 day jail sentence. Prior DUI convictions carry longer jail sentences and license suspensions as well.

The first thing that a police officer will look for in a potential LA DUI case is physical signs that the driver is impaired. Signs of erratic driving, such as weaving between lanes, driving off of the designated highway, driving over the center marker, or driving against traffic, are often the initial signal to the police officer that the person behind the wheel of a vehicle is driving under the influence of alcohol or other intoxicating substances. Other indicators of impaired judgment include questionable signaling, inappropriate stopping or slowing, excessive braking, and delayed reaction to traffic signals.

If the police officer notices any of these items, he will pull the driver over to determine why they are driving erratically and if they are violating California drunk driving laws. If they suspect that the driver is intoxicated, they will ask the driver if they have been drinking. Based on the answer to that question, whether there is an odor of alcohol in the vehicle and other observable behavior, such as slurred speech or trouble focusing, the police officer may decide to give the driver a field sobriety test to further determine whether this will be a Los Angeles DUI case.

If the driver fails the field sobriety test, the police officer will place the person under arrest for the violation of California DUI laws and take them to a secure location for chemical testing. This testing will typically include a breathalyzer test, which tests for the presence of alcohol in the breath of the driver. The driver may also elect to take a blood test, which tends to be the most accurate measure of the driver's blood alcohol level. If the driver is suspected of being under the influence of drugs, a urine test may be required as well. The results of these tests will be used in the DUI case against the driver.

Laws cracking down on DUI are intended to make the roads safer for everyone, however, what can you do if your DUI was a simple mistake and you don't want to lose your license over it? There are quite a number of ways to improve your chances of keeping your license and not losing your driving privilege after you get charged with a DUI in California, and here, we'll go into a few of the most important things you can do to protect yourself. Depending on many factors, you face a potential ninety day to two year loss of your license, as well as possibly being required to have an ignition interlock device installed on your vehicle and if your license is revoked - you will have to obtain and maintain three years of high risk insurance, known as SR22, often three times as much as your normal insurance rate.

Waiting too long to contact a California DUI attorney when you've been charged with drunken driving is quite possibly the first of the biggest mistakes some drivers make. Being able to have a good attorney on your side will mean the difference between a DUI charge and possibly getting it reduced to something lesser and can help you to navigate the sometimes tricky court system. Being able to have someone who can enable you to have a tough defense to defend your rights and help prevent a drunk driving charge on your record as well as enabling you to keep your license, so finding someone who is experienced is a must. Someone who will thoroughly review not only BAC records and police reports and surveillance, but interview witnesses as well.

An aggressive and knowledgeable defense is your best chance to protect your rights in a California DUI case, from being able to express that your case is different using many factors. Being able to piece together your defense puzzle using your prior record, the blood alcohol levels involved and understanding the situation in which you were arrested will enable your attorney to provide you with the best possible defense. Remember, you only have about 20 days from your arrest to request the hearing that may prevent you from losing your driving privileges, so make sure you use that time wisely and find a qualified California attorney who will fight for your rights from pretrial all the way through conclusion and then some, if need be.