You can face serious legal repercussions if you are accused of driving under the influence (DUI). The court system handles these charges very seriously. A conviction for a DUI can cost you your license.
You could also be fined and sentenced to time in jail. But a Burbank DUI lawyer can help you address both criminal charges against you and the potential suspension of your license.
Addressing a DUI accusation quickly can improve your chances of winning in court. You can count on an experienced Burbank criminal defense lawyer from the Simmrin Law Group to take on your case. Our legal team has handled more than 100 jury trials, and we’re ready to help you today. Call us now for a free, confidential consultation.
How DUIs Are Charged in Burbank
You may face a charge of driving under the influence after a police officer pulls you over or after a motor vehicle accident. The court defines driving under the influence as operating a vehicle while intoxicated with alcohol or impaired through the consumption of drugs like cocaine, ecstasy, heroin, prescription medications, and more.
In many cases, the police officer who pulled you over will request that you complete a field sobriety test or take a chemical test to prove that you are guilty of a DUI. In some cases, you are legally allowed to refuse to take a chemical test (blood testing or a breath testing device) or a field sobriety test. Note that you must complete these tests if you are:
- Younger than 21
- On DUI probation
- Arrested
Refusing to complete a chemical test if you are required to do so can lead to serious consequences, such as additional sentencing, jail time, and fines, so make sure you’re aware of your situation before taking a test or issuing a refusal. The goal of any chemical test is to determine your blood alcohol concentration (BAC).
California considers drivers over the age of 21 to be driving under the influence if their BAC is .08% or higher. Note that there are exceptions to this legal limit for commercial drivers and drivers younger than 21. In these cases, you may face DUI charges with even less BAC.
For a free legal consultation with a dui lawyer serving Burbank, call (310) 896-2723
Penalties of a Burbank DUI Conviction
A DUI conviction can leave you facing harsh repercussions. Each time you are convicted of a DUI, the punishments get worse. While you may be charged with a misdemeanor for a first-time offense, additional infractions may escalate to felonies.
Examples of possible charges and the subsequent consequences include the following.
Fines
California seeks to deter drunk drivers by setting costly fines that escalate with each DUI offense:
- 1st Offense: $2,000
- 2nd Offense: $2,500
- 3rd Offense: $3,000
License Suspension
Driving-related criminal charges, such as driving under the influence of alcohol or drugs (DUI), can lead to a license suspension. How long a suspension lasts depends on your case’s specific circumstances, including whether you had previous offenses or had possession of drugs.
For example, you may lose your license or have to operate on a temporary license (with restrictions) for these periods:
- 1st Offense: Up to one year
- 2nd Offense: Up to two years
- 3rd Offense: Up to three years
Incarceration
Jail time is another consequence that can greatly upend your life, including your career. A Burbank DUI offense can lead to the following sentences:
- 1st Offense: Two days to six months
- 2nd Offense: Four days to one year
- 3rd Offense: 120 days to one year
The court also requires individuals convicted of a DUI to take part in an alcohol treatment program. You don’t have to risk your future by fighting a DUI charge on your own. Working with a Burbank criminal defense lawyer can improve your odds of protecting yourself in court.
Burbank DUI Lawyer Near Me (310) 896-2723
Traffic Infractions in Burbank
In many ways, DUIs are one of the most serious charges you can face for making a mistake while driving. You can also end up in serious trouble for traffic infractions, which are small offenses that don’t result in criminal charges. You are likely familiar with many common examples of traffic infractions, such as:
- Illegally changing lanes
- Running stop signs
- Speeding
- Misusing a carpool lane
You could also be subject to a traffic infraction charge if a police officer pulls you over because you have a broken light or if there is something else wrong with your vehicle. While police officers are typically responsible for handing out tickets for traffic violations, you can also receive tickets from red-light cameras in Burbank.
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Consequences of Traffic Infraction Convictions
Traffic infraction convictions usually require you to pay a small fine. On its own, this can seem like a minor inconvenience. However, each traffic infraction also puts a point on your driver’s license.
Your license will be suspended if you accrue a certain number of points. Simultaneous occurrences of traffic infractions and driving under the influence will aggravate the charges brought against you. For example, running a red light while driving under the influence will result in harsher charges and penalties than any offense alone.
In these circumstances, a Burbank DUI attorney can investigate the series of events, how local law enforcement collected evidence against you, and other factors. Showing errors and lack of compliance with detailed standard practices can invalidate evidence against you. As a result, the charges may be dismissed, dropped, or reduced.
Work with an experienced Burbank attorney who is familiar with the obligations and standards surrounding the case so you have a strong defense.
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Understanding Misdemeanor Traffic Violations
Misdemeanor traffic violations are generally more serious than traffic infractions but not as severely punished as DUIs. These acts can result in:
- Fines of $1,000
- 90 days to six months of time in jail
- Two points added to your driver’s license
The most common misdemeanor traffic charges that we see are:
- Reckless Driving
- Driving on a Suspended License
- Driving on a Revoked License
Any action that shows a willful disregard for the safety of another individual can be charged as reckless driving. This broad definition means that many individuals can face this harsh charge.
You can face charges for driving on a suspended or revoked license any time you operate a motor vehicle without a valid license. There are many unique charges for driving on an invalid license, based on the reason that you lost your license. However, they all have roughly similar penalties.
Dealing with any traffic violation charge on your own can cost you dearly. DUI attorneys in Burbank understand how to deal with any traffic infraction or traffic misdemeanor charges you could be facing.
How to Defend Against DUI Charges in Burbank
It can be difficult to determine how to approach your defense strategy when you have been accused of drunk driving. In many cases, non-violent and first-time DUI offenders may be able to enroll in a pretrial diversion program.
Here, if you meet the terms of the program, the state’s prosecuting attorney may be able to dismiss the charges against you. However, if you are not eligible for a pretrial diversion program, you will need to work closely with your Burbank DUI attorney to determine which defense is best suited for your trial. Some potential defenses that could be used include:
- Mistake of fact
- Lab mistakes, such as with blood samples or inaccurate blood alcohol level readings
- Police misconduct
- Inconsistencies with arrest reports or police reports
- Health issues that may appear like alcohol intoxication during a field sobriety test
- Breathalyzer issues
- Illegal search and seizure
- Constitutional rights violations, such as failure to read your Miranda rights in the arrest process
Our DUI defense attorneys in Burbank can tailor a defense strategy to suit your unique case and work to uncover holes in the prosecution process. This can make a crucial difference during legal proceedings.
Fight Your Charges by Hiring a DUI Lawyer in Burbank
You do not have to just hope for the best if you have been charged with a DUI or another traffic violation. Get proactive and find the legal help you need with a Burbank DUI attorney. The Simmrin Law Group can take on your case today. Let us detail your options with a free consultation.
Our Burbank DUI attorney and legal team can help you understand the charges against you, start to prepare your legal strategy, investigate the evidence against you (and the methods with which it was gathered), and more. We can also help schedule your DMV hearing, which must be scheduled within ten days of the DUI charges to prevent an automatic suspension of your driver’s license.
You can connect with a criminal defense attorney today by completing our online contact form or calling us. Start your legal defense process with a free consultation to learn more about your next steps.
Call or text (310) 896-2723 or complete a Free Case Evaluation form