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.

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.

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.