Los Angeles DUI Lawyer Blog

Potential Consequences of a Los Angeles DUI Conviction

October 7, 2016 | Ronald N. Hoffman

If you have been arrested and charged with driving under the influence, you will be facing court and a possible conviction. If convicted, there is a range of consequences that could be a part of your sentence depending on the facts of your case and your criminal history.

If you have prior convictions, especially a prior DUI conviction, it could affect your sentence. Additionally, if there is injury or significant damage to property, you may be facing a significantly higher range of consequences. Possible consequences include:

Probation from three to five years

Why Proving Driving in a Los Angeles DUI Case is Important

September 29, 2016 | Ronald N. Hoffman

In order for prosecutors to convict you of Driving under the influence, they must prove two elements beyond a reasonable doubt: that you were driving, and you were intoxicated at the time you were driving. It is crucial that prosecutors prove both elements, not just one. Unless they can prove both elements, they cannot convict you.

For example, Dana was drinking at the bar and then walked home to her apartment which was a few blocks away. Officers cannot arrest her for a Los Angeles DUI. Even though she was intoxicated, she was not driving. Similarly, David was driving home from the bar but had only had water while he was there. He cannot be arrested for a DUI because although he was driving, he was not intoxicated.

This is why it is very crucial whether driving can be proven in a DUI case. Oftentimes it is very clear as to whether there is driving or not, but sometimes it is not so cut and dry. When it is not so clear, it makes prosecutor’s case weaker and the case for the person being charged much stronger.

First Steps to take After Being Arrested for a Los Angeles DUI

August 25, 2016 | Ronald N. Hoffman

If you have been arrested for a Los Angeles DUI, remember that you have not yet been convicted. An arrest simply means that there is a reasonable suspicion that you have committed a criminal offense, it does not mean you are guilty. You can only be convicted one of two ways, by pleading guilty, or by being found guilty in a court of law by a jury. However, even with an arrest, there are several very important steps you have to take immediately to ensure that you have the best possible results.

Check your Citation

When you are arrested you will be given a citation. This citation will state the charge against you, and the time and date upon which your Arraignment will be. This court appearance is not optional, it is absolutely mandatory. Failure to appear at this court date can result in a bench warrant out for your arrest, and/or an additional charge to the charge you are appearing for in the first place. Make sure you calendar this appearance date, it is important and make a note of the Court in which you will be required to appear. Also check the penal code or vehicle code section under which you are being charged. This will define whether it is a misdemeanor or felony, and what you are being charged with.

What Happens Immediately After a Los Angeles DUI Arrest

August 4, 2016 | Ronald N. Hoffman

If you have been stopped for suspicion of driving while intoxicated, it is important to remember that you have not yet been convicted. In order to be convicted a plea or a finding of guilty needs to be entered. If you have not had a trial, or have entered a plea of not guilty or no contest, then you cannot be convicted.

Being arrested is a nerve wrecking experience. You do not know what is going on, nor do you know what steps to take next. In addition, you probably do not fully understand the legal ramifications of your arrest, and the reasons you were arrested.

If officers find that you are intoxicated, they will take you into custody. There are several reasons officers may determine that you are intoxicated. One is if you submit to a breathalyzer test and your blood alcohol level indicates intoxication. Another is if officers observe signs of intoxication. These include watery eyes, slurring, smell of strong alcohol and disorientation. You may also make some statements that may indicate you are intoxicated or be construed as confessions of intoxication.

Probation Violations in a Los Angeles DUI Case

July 28, 2016 | Ronald N. Hoffman

If you are on probation and have been arrested for a second criminal offense, the consequences can be very serious. You would not only be charged, if prosecutors decide to press charges, with a criminal offense for which you have been arrested, you will also be charged for a Probation Violation. Both charges are separate cases, and separate charges. Accordingly, they will both have separate consequences.

Let’s consider an example so that we can better walk through the concept.

About two years ago, David was arrested and convicted of a DUI. He entered a plea of guilty, served no jail time and was put on informal probation for three years. When David entered a plea of guilty, the Judge read him his rights and went over the terms of his sentencing, and asked David if he understood what he was pleading to. David stated on the record that he did understand and wanted to plea guilty.

Potential Consequences of a Los Angeles DUI

June 30, 2016 | Ronald N. Hoffman

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:

Miranda Rights in a Los Angeles DUI Case

May 19, 2016 | Ronald N. Hoffman

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.

Aggravating Circumstances in a Los Angeles DUI

April 14, 2016 | Ronald N. Hoffman

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.

The Pros and Cons of taking the Preliminary Alcohol Screening Test During a Los Angeles DUI Arrest

April 7, 2016 | Ronald N. Hoffman

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.

How Important is it for my Los Angeles DUI Attorney to Know the Court my Case is in?

March 11, 2016 | Ronald N. Hoffman

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.