Los Angeles DUI Lawyer Blog

The purpose of this article is solely to discuss effective techniques and alternatives to anyone having to be incarcerated for any length of time, if at all possible to avoid. This article offers a number of practical tips for those people in legal trouble and is certainly not designed or intended to discuss the facts or circumstances of a DUI or Criminal case, or any defenses that may prevent a client from being guilty or convicted of any charge.

It is not uncommon in DUI or Criminal cases for a prosecutor to seek a range of different consequences including summary or formal probation, fines, community service, alcohol programs, and jail time. For over 30 years our law firm has represented clients facing these potential consequence. Without a doubt the biggest concern for all our clients is staying out of jail. Therefore, our biggest concern is fighting to protect our clients freedom from jail by the use of alternatives like Caltrans, community service, electronic surveillance, and even private city jail facilities.

Once retained, it is critical that your attorney carefully evaluate the strengths and weaknesses of the facts the prosecutor plans on using against you, versus any defenses including witnesses, you have which would establish a strong defense of your innocence.

When this evaluation has been completed, it is valuable to also consider any possible plea bargain that would protect your client from being incarcerated. One of the powerful techniques our law firm uses daily is to start to build a positive profile of each of our clients by showing his or her good character, solid work history and any efforts towards rehabilitation including counseling.

If the nature of the case is alcohol or drug-related then appropriates Alcoholics Anonymous or narcotics anonymous login sheets are used to track voluntary attendance at these self-help programs. Proof of these contribute to showing the prosecutor and/or judge that the allegations in the criminal case being presented are either highly unlikely or an aberration of the clients generally law-abiding behavior.

Although it is not unusual, for a prosecutor to seek a jail sentence in many criminal cases, a strong showing of the above positive qualities of the client can help the attorney present a powerful argument for the use of non-jail alternatives like community service, Caltrans, graffiti removal, or other forms of public service as a means of punishment in lieu of jail.

In the event that the facts would not warrant a court or jury trial, and the prosecutor or judge are unwilling to waive seeking incarceration in county jail, they are frequently agreeable with allowing the client to serve any time in a private city jail at the clients expense. Very often a good plea bargain can structure jail to be served on weekends or during non school times, for students.

Electronic surveillance which is commonly known as house arrest is also a widely used alternative to jail which allows a client to serve their sentence at home being electronically monitored, but frequently with the ability continue to work their job and sustain the ability to pay their bills.

An attorneys ability to properly evaluate the facts of any DUI or Criminal case and effectively use creative alternatives to jail, always puts the clients best interest first, while protecting all of their legal rights.

A DUI conviction can be charged as a misdemeanor or a felony. The difference between the two will affect the final sentence given. A misdemeanor conviction will receive a sentence on the lighter side of the spectrum whereas a felony will receive a much harsher punishment, especially when there is significant bodily harm.

California Vehicle Code 23152 is the section under which a misdemeanor DUI is charged. It is divided up into two sections. 23152(a) reads that It is unlawful 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. 23152 (b) reads that It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. 23152(a) was the previous DUI law and 23152(b) was added 20 years ago. The legal Blood Alcohol Level (BAC) used to be a .10% and has been reduced to .08% in California with a trend towards reducing it further to .06%. Compared to many countries who require a .0% BAC, we are still much more tolerant. A conviction under either 23152(a) or 23152(b) will result in a misdemeanor charge.

California Vehicle Code 23153 is the code section under which a felony DUI is charged. Like misdemeanor DUI, it is divided into the two same sections with one additional statement. 23153 (a) reads; It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. 23153(b) reads that it is It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

You may be charged as a felony DUI if there was a certain kind of bodily injury to a victim, as the code indicates. Bodily injury varies across a wide spectrum and will guide prosecution in the plea bargain they present to the Judge. A minor soft tissue injury with mild discomfort will still be considered a bodily injury but will be on the lower end of the scale in comparison to fractures or other major internal injuries which will yield much harsher punishments in the eyes of the law.

Whether you are charged with a felony or a misdemeanor DUI conviction, the ultimate goal is to avoid any kind of conviction. You need someone who will fight in your corner to reduce the charge to that of a misdemeanor, or the misdemeanor charge to an infraction. Hire an experienced California DUI attorney, who will fight on your side and believe you are a good citizen and person and will work hard to ensure that the Judge sees it too.

The California Legislature has directed courts to follow sentencing guidelines for any person charged and convicted of a DUI. Judges and Prosecutors have a broad range of guidelines and penalties for a DUI case. The Prosecutors will consider several factors and will make an offer to the Judge. The Judge has the discretion to accept or deny any plea bargain presented by the Prosecutor and the Defense lawyer.

One of the things prosecution will consider in creating their plea bargain is the general facts surrounding the case. Prosecution will consider in which manner you were stopped. Were you a driver that was stopped on the side of the road and sleeping? Were you pulled over on the freeway, or were you in a parking lot? Did the officer have to pull you over because you were speeding or weaving? Did you fail to stop at a stop sign? Were you involved in an accident? Many of these factors will also tie in to a discussion about probable cause. That is, did the officer have probable cause to pull you over, or if you were already pulled over, to administer a test to detect the presence of alcohol? A skilled defense attorney can scrutinize whether or not the statements of probable cause contained in an arrest report are sufficient to meet the legal standards required by law. In that consideration, a careful review of your police report along with an evaluation of the driver's opinion whether the statements made by the officer accurately reflect what happened.

The Prosecutor and the Judge will take into account any prior criminal offenses. They will consider previous DUI convictions and take into account their location and date. Your criminal record will only be considered ten years prior to the current conviction. Consequently, someone who has been charged with 2 DUIs in the past month will be sentenced on the harsher end of the spectrum than someone who is being convicted of their first DUI.

Probation will also be argued unfavorably by prosecution. A DUI conviction will usually yield a period of probation from three to five years. Most non injury, misdemeanor DUIs will require informal probation whereas more serious DUIs will result in formal probation. Formal probation requires supervision and for the convicted to check in with an officer at a requisite time.

The courts will also look at your previous driving history. Someone with an excellent record will receive a more favorable sentence than someone who has a more complicated driving record.

These factors are just some of the few Prosecution will argue in their favor. In addition to these basic factors, the legislature has indicated several aggravating circumstances referred to as enhancements. Enhancement will require a harsher punishment.
The sentence imposed is ultimately placed at the so. Because potential sentences fall within broad parameters an experienced attorney can protect you and argue for the best possible results. Consult a California DUI attorney who will not only see your positive qualities but will fight hard to ensure that the Judge sees you in the same positive light.

While the laws in California typically prohibit the use of alcohol and illegal substances like marijuana and cocaine, other drugs can get you arrested too.

The determining factor with illegal or even perscription medication, is if the drug has created sufficient effect to create impairment in the driver's ability to safely operate a motor vehicle. Frequently, clients are arrested for being under the influence of Vicodin, anti-anxiety or depression medication. This is true whether or not the person taking the drugs has a valid prescription, or has obtained these use popular street drugs unlawfully. The majority of these medications usually have warnings regarding the potential effects of these drugs on their bottles.

Even over-the-counter cold medications like NyQuil can cause impairment in coordination and other motor skills required for driving due to their high alcohol content. My clients, although rarely intentionally taking these medications to become inpaired, often find themselves arrested for driving under the influence of drugs. Increased impairment is
frequently made worse through the combination of alcohol and these over-the-counter or prescribed medications.

Recently,the courts are seeing a steadily increasing amount of prescription drug/alcohol inpaired driving under the influence cases as they are commonly called in the courts. These cases are often viewed more seriously than straight alcohol cases,especially if the drugs are illegal.

Extreme caution should be usedl when driving after taking any doctors prescribed medication,including over the counter drugs or other drug. Unfortunately, proper, lawful and otherwise appropriate use of these medications, even when following doctors orders can result in arrest if an officer feels that the drivers ability to safely operate a motor vehicle is compromised.

People should be aware that eventhough the consequences of a regular alcohol related DUI are substantial, drug or drug/alcohol combination DUI'S are are often sentenced more harshly than other types of DUI cases. Everyone should be extra careful when taking any prescription medication or drug of the often unpredictable effects of these drugs on safe driving.

Enhancements are aggravating factors that prosecutors use to increase penalties in DUI cases. The California legislature has over the past years, set forth laws that direct prosecutors and Judges to take aggravating factors into careful consideration. As a result, a case involving enhancements will be given a harsher sentence. There are many different types of enhancements which take a basic DUI case into an aggravated DUI case. These factors include, traffic accidents (with or without injuries), an excessive Blood Alcohol Level (BAC), driving on a suspended license, having prior DUI convictions, being on probation for a prior criminal conviction.

A Blood Alcohol Level (BAC) of .15% or higher is grounds for an enhancement and carries with it recommended Jail time even on a first offense. Prosecution will argue a high BAC against your favor and consequently, it will have a significant effect on the ultimate sentence imposed. Even though the law indicates that any BAC over .08% is over the legal limit, the higher the BAC the more potential for danger. The Judge will consider a higher BAC and will treat it as an enhancement when accepting or denying prosecutions plea bargain.

An accident caused in the course of or as a result of the DUI will also be taken as an enhancement. Accidents happen on a broad spectrum. An accident without injury, (someone hitting a parked car) although an aggravated circumstance, will be punished less than and accident causing bodily injury. The Prosecutors will make a note of the severity of the accident and will give great weight to any injuries sustained to a victim of a DUI driver, including the nature of the injuries, any required medical treatments or hospitalization and the duration of any disability caused to the victim as a result of the accident. Disabilities will also include a loss of earnings. Was it with a parked car with no one in it? Did the people injured have to be hospitalized? Did the victim miss work? Was the injury caused by the accident one with short term effects, or long term effects? In short, how did the injury sustained by the victim affect their life. Naturally the more serious the injury, the greater the punishment the prosecutor seeks.

One thing, however, is for sure; a DUI with an enhancement will be considered towards the further end of the spectrum as far as sentencing. Prosecution will vigorously argue for the harshest punishment possible. Clearly, aggravating factors along with general facts of a case can create the potential for substantial jail time over a basic DUI case. For these reasons, it is advisable to immediately seek the assistance of counsel of an experienced DUI defense lawyer who can protect you from the often harsh consequences sought by a prosecutor in these types of cases. A California DUI Attorney who presents to the Judge all aspects of your life, including your work, school and social life will argue your case to the best possible degree and will successfully reduce your sentence.

Penalties for a DUI conviction can range from fines to jail time. The final sentence will depend on a number of different elements that a prosecutor has available to penalize people charged with driving under the Influence. These include probation, fines, different alcohol programs, Cal Trans ( trash clean up) and jail time. factors, and therefore it is difficult to ascertain a specific formula as to which sentence will be given.

Clients often overgeneralize about the penalities for a DUI arrest and believe there is a set penalty for a DUI case, however this is not the case. DUI sentencing laws are written in ranges of potential consequences. Although there are certain minimum penalties set by law if one is convicted, skilled defense lawyers can often minimize the harshness of great punishment

Fines will range from $390 to $1,000 plus penalty assessment. The penalty assessment will triple the fine as a result of court costs and taxes. Consequently, the more accurate range including all costs is from $1,500 to $4,500.

In addition to a fine, a Judge may also accept Prosecution's recommendation for a mandatory alcohol program or Mother against Drunk Driving program which could range from three to nine months. Cal Trans may also be ordered. Cal Trans is a program that requires trash pick up on the freeway, or graffiti removal.

Probation can be issued with or without serving jail time. A DUI conviction will usually yield a period of probation from three to five years. Most non injury, misdemeanor DUIs will require informal probation whereas more serious DUIs will result in formal probation. Formal probation requires supervision and regular reporting to a probation officer who monitors your good behavior and assures that you stay out of trouble.

It is popular belief that jail time cannot be given for a first time offense. However, that is not the case. Jail time can, in fact, be imposed on a first time offense, depending on the facts of the case. The Judge has the discretion to impose zero to six months of a jail sentence for first time offenders. This range of potential jail time gives your defense lawyer great latitude in negotiating for you to avoid any jail time. For a second offense within ten years, there is a mandatory jail sentence ranging from 96 hours to a year. For a third offense there is a mandatory minimum of 120 days in jail to one year. There will be an additional jail sentence added if the DUI occurs while serving probation for a previous DUI.

There are however, alternatives for serving a mandatory jail sentence, especially if you have someone representing you who can efficiently argue in your favor. You can have the option to attend private jails which can cost you $75 to $100 a day and can be completed on a part time or weekend basis. Additionally, there are different forms of electronic surveillance, or house arrest.

Regardless of your sentence, there may be options for you to consider even after you have been sentenced to cause your life the least amount of complication. Consult a California DUI attorney who has successfully argued cases in which the Judge has readily sympathized and given lesser sentencing. Furthermore, hire an attorney who understands your needs and creates the opportunity for alternatives to mandatory jail time.

A plea bargain is a result of a negotiation between a prosecutor and your defense attorney regarding the specific terms of the case settlement or plea. There are two major considerations which make a negotiated settlement or a plea bargain, which it's commonly called, a good idea.

The most important first step is to have your counsel prepare a complete case evaluation of the evidence contained in your police report. The law requires that for somebody to be guilty of a particular offense, that all critical elements of that offense have been met. For example in a driving under the influence case, it is essential that the prosecutor prove that the defendant was driving and that when tested had a .08% or more blood alcohol. Unless the prosecutor can prove that the police or other credible witness observed some driving by the accused then there exists a strong defense to quilt.

Careful consideration should be given to the clients recollection of the events that led to their arrests and whether or not they agree or disagree with the allegations contained in the police report. It is important to determine whether any legal excuse or exculpatory evidence or witnesses can contest any observations, statements or other evidence. This type of legal defense attacks the accuracy and or credibility of the prosecutors case in chief. An experienced courtroom lawyer can render his expert opinion on the relative strengths and weaknesses of both sides of your case.

Secondly, an equally important is protecting the clients exposure to jail or other sanctions or penalties they client may be facing if you choose is go to trial and are found guilty by a judge or jury. An experienced attorney can help his clients make the best decision for them by weighing all of these factors including all positive and negative benefits of accepting a plea bargain with all favorable terms and charges.

Protecting our clients rights, and exposure to potential penalties can often benefit them in successfully resolving their legal problems without the expense and stress of a trial. The decision of choosing a jury trial is your constitutional right when charged with a Dui. That being said, it would be unwise before deciding on any course, to consider and explore all of the other viable options and valuable benefits of a possible plea bargain.

For over 30 years our firm of skilled and experienced DUI specialists have helped thousands of clients carefully evaluate and weight the many factors that must be considered before making the best decision.

A DMV hearing is a hearing held before the DMV regarding your driving privileges. It helps to determine how long your license will be suspended or revoked. The DMV hearing is held separately from your DUI hearing before the judge so as to ensure that you are not deprived of your rights without having been heard. The DMV hearing is an administrative hearing and will not determine whether or not you were guilty of a criminal act and is independent from your case in front of the judge in the criminal court.

At the DMV hearing the issues that will be raised will depend on whether or not you took a test at the time of your arrest. If you took a blood, breath or urine test the issues decided upon at the time of the DMV hearing will focus on the factors driving the arrest. The officer will discuss whether the officer had reasonable cause to believe that you were driving in violation of appropriate vehicle code sections, whether it was a lawful arrest, and if you were driving with .08% or more alcohol in your blood by weight.

If you refused to take a test at the time of arrest the issues discussed at the hearing will be similar for the most part. The officer will consider whether the officer had reasonable cause to believe you were driving in violation of appropriate sections of the vehicle code and whether it was a lawful arrest. In addition, it will be determined if you refused to take the test after you were asked to do so by an officer and when refusing you were informed that a refusal or failure to complete a test will result in your license being suspended for a year or revoked for two to three years when you refused to take the test.

A DMV hearing is not required, and is done at the request of the defendant. The request must be made promptly and in a timely manner as dictated by law, otherwise the right to a hearing is lost. Due to the urgency of the situation it is best to consult a California DUI lawyer immediately following your arrest so you don't miss the opportunity to be heard.

The hearing will determine where you stand with your driving privileges. During a DMV hearing, the officer has the power to set aside a suspension or revocation and in certain situations a restricted license may be granted. Therefore, a strong argument and defense must be prepared in order to ensure the least possible suspension or in certain cases revocation. Experience in dealing with DMV officers and administrative hearings is valuable when it comes to something as significant as your driving rights. Go into the hearing well equipped with all the facts and a strong defense and after consulting someone who has the knowledge and skill to help you keep your license.

Information taken from:
California DMV

Just about a month into the New Year, we learn that the California Highway Patrol is taking a no nonsense approach to Drunk Driving. On New Year's Eve between 6 P.M and 6 A.M, the CHP arrested 108 drivers who were found to be intoxicated over the legal limit in Los Angeles County alone. This number has jumped up by 20 arrests since last year. These arrests include only those that were made by the CHP. The actual number arrested is higher when all local police departments are taken into consideration.

These numbers are from a single night, and when taken alone seem to be tolerable for a huge city like Los Angeles. However, there were seven fatalities in the county alone on that one night. That is seven people who lost their lives due to a careless decision, and innumerable amount of people who lost someone from their lives. The statistics from New Years Eve in Los Angeles County are analogous to those seen around the State of California. Government officials have not only taken notice to the alarming numbers increasing year after year, but are taking drastic actions to deter offenders and help protect the public.

Governor Arnold Schwarzenegger in a speech given on October 13, 2009 at the signing legislation AB 91 explained that it was crucial that we cut down on drunk drivers as it is becoming a serious problem in California. He noted that last year alone there were 1,335 DUI related fatalities and it was "inexcusable" that on a daily basis law enforcement arrested about 550 different drunk drivers which came out to more than 200,000 arrests a year. He further commented that he found it "outrageous" that 25% of these offenders were repeat offenders. As a result he has increased the amount of checkpoints, introduced new legislation and increased penalties to help decrease the growing problem.

Senator Bob Huff enthusiastically supported the Governor's concern by stating that there are 310,000 drivers on the roads in California that have has three or more DUI convictions and 44,210 have had five or more.

Don't be the one that gets arrested for a DUI this year especially with new legislation and more severe consequences. With changes being made, make the right decision after the fact. Understand the severity of the arrest, the impact it will have on all facets of your life and seek the appropriate legal help.