Los Angeles DUI Attorney

DUIs can be embarrassing and confusing ordeals for any individuals, even for attorneys themselves. If you’ve reached this page, it’s likely that you (or someone you know) have been charged with a DUI/DWI in Los Angeles. In this confusing time, you are looking for as much information as you can to make your future more certain. Speaking with an experienced Los Angeles DUI attorney can clear up and confusion and help you understand where you stand with regards to your charges and your DUI case.

DUI convictions are not trivial matters that should be taken likely. A DUI conviction can affect your well being for the rest of your life. Some of the short-term consequences of a DUI conviction can include: heavy fines, loss of driving privileges, required attendance of alcohol classes. The long-term effects can be even more critical. You will have a criminal record making it more difficult to find a job or get into college. If you get a second DUI, the sentence given by the judge will be exponentially more severe. It’s clear that the avoiding a DUI conviction is essential and the only way to improve your chances is by hiring a Los Angeles DUI attorney.

Don’t delay and get a free consultation. Call today at (800) 319-4955 or fill out the contact form on this page.

Los Angeles DUI/DWI Penalties

A Los Angeles DUI is a serious offense with far reaching consequences. Although it’s not a severely punishable as a violent crime, the penalties results from a DUI conviction should give you second thoughts about simply pleading guilty. In general, a DUI conviction carries punishments including: expensive fines, loss of driver’s license, alcohol classes, ignition interlock devices, and even jail time.

  • Up to 10 months of a suspended license
  • Alcohol classes lasting form 3 to 9 months
  • Fines up to $1,000 with a minimum of $390
  • Ignition Interlock Device (breath test every time you start the car)
  • High Risk insurance premiums
  • Up to 6 months in a county jail
  • License suspension for 2 years
  • Fines up to $1,000
  • DUI school from 18 to 30 months
  • Ignition Interlock Device required
  • Ultra High Risk insurance premiums
  • Up to 1 year in jail with a minimum of 96 hours
  • License suspension for 3 years
  • Fines up to $1,000
  • DUI school from 18 to 30 months
  • Ignition Interlock Device required
  • Ultra High Risk insurance premiums
  • Up to 1 year in jail with a minimum of 120 days
  • License suspension for 3 years
  • Fines up to $1,000
  • DUI school for 30 months
  • Ignition Interlock Device required
  • Ultra High Risk insurance premiums
  • Up to 3 years in jail with a minimum of 180 days

Defenses to a Los Angeles DUI/DWI Charge

The police officer and the prosecutor will act confident in that they case a solid case against you. They will try their best to make you believe that they have all the evidence they need to convict you of a DUI. Most of all, they will push for you to accept their plea deal by saying that it’s in your best interest. These are all just scare tactics until an experienced Los Angeles DUI attorney has reviewed your individual case. There are many defenses that can be used to prevent a DUI conviction and possibly get a dismissal of your charges.

In any DUI case, the prosecutor must prove two things:

  1. The individual being charged with the DUI (“defendant”), actually drove a vehicle
  2. And, while driving that vehicle, the defendant was “under the influence” – which means that their driving abilities were impaired by drugs or alcohol

Defenses associated with “Driving”

You must have actually been driving a vehicle at the time of the DUI arrest in order for the charges to stick. In most cases, this type of defense is irrelevant since most people are usually pulled over and only then do the DUI initiate. However, in some scenarios this type of defense would actually be applicable. For example, if you were parked in a car and the officer had not observed you driving at any point.

Defenses associated with the DUI/DWI Arrest

The police officer that pulls an individual over must be justified in the reason for pulling them over (“probable cause”) and in later arresting them or charging the individual with a DUI. If the officer didn’t have probable cause for the initial stop or didn’t follow legal procedures subsequently, then there may be grounds for the charges to be dismissed.

No Probable Cause

A few examples for probable cause in an officer stopping someone and later arresting them for a DUI include: driving erratically, speeding, or a broken headlight. If it can be proved that the police officer stopped you because of an unjustified reason (ex: not showing turn signal leaving a parking lot), then the DUI charges may be dropped.

Miranda Rights

When you are arrested, the officer must read you the Miranda Rights supported by the Constitution. One thing a Los Angeles DUI attorney can help you determine is if you were properly read your Miranda Rights.

Challenging the Officer’s Testimony

In each DUI case, the arresting officer will present their evidence against you. This evidence will consist of reasons for the initial traffic stop and later for their belief of why you were under the influence. A reputable Los Angeles DUI attorney can challenge the officer’s evidence under the right circumstances, which would create a gaping hole in the prosecutor’s case against you.

Witnesses that Counter the Officer’s Testimony

If there was anybody at the scene of the alleged DUI, they can be a witness in your DUI defense if their testimony negates what the officer claims. For example, the witness can testify that:

  • The defendant did not drink or do any drugs prior to driving their car
  • The defendant appeared completely sober
  • The defendant’s initial traffic violation that initiated the DUI arrest process was cause by a reason other than being drunk

Valid Explanations for the Defendant’s Appearance During the Arrest

Some examples of valid explanations for failing the sobriety tests or appearing slightly intoxicated include:

  • Physical impairments cause you to perform poorly
  • Allergies, contacts, or sleepiness caused your eyes to appear bloodshot
  • Certain medications or lack of sleep caused your speech to be slurred
  • Field Sobriety Test instructions were confusing, causing poor performance

Defenses Related to Drug and Alcohol Tests

In all Los Angeles DUI scenarios, some sort of test must be performed to show that the defendant was indeed under the influence of some drugs or alcohol. If these tests can be discredited, then an experienced Los Angeles DUI attorney can make a case for you.

Failure to provide necessary warnings

Whenever administering some sort of drug test, the arresting police officer must issue the proper warnings and information. This includes how the tests will be performed. If you refuse to take a test, in most states your license will automatically be suspended. However, the officer must warn you of this consequence. Without a warning it is possible that the results of the tests would not act as evidence.

Eating food or medication

Certain food and medications can affect the results of chemical drug tests. If you consumed these foods or medications, then your Los Angeles DUI attorney can defend you against the validity of the drug tests.

Testing during alcohol absorption phase

It takes time for alcohol to enter your blood stream and become fully absorbed. If you had “a drink for the road,” then it is possible that your BAC increased between the time you were actually driving and when the test took place. So if your Los Angeles DUI attorney can show that your BAC was below the legal limit while you were driving, then you may have a defense for your case.

Hiring a Los Angeles DUI Lawyer

Now that you’ve become a little more familiar with what goes on during and after a DUI arrest, you probably feel more confident in your specific case. Let an experience Los Angeles DUI Lawyer review your case and help your move on from this unfortunate experience.

Call today for a free consultation: (800) 319-4955 or fill out the quick contact form on this page.