Los Angeles DUI Lawyers | Simmrin Law Group

Get legal help if you were accused of driving under the influence (DUI) in Los Angeles.

You may want help from a DUI lawyer in California. A lawyer can assist you if you are charged with driving under the influence (DUI). Your lawyer can provide you with answers to any questions you have after you are charged with a DUI. Reach out to a legal professional at the Simmrin Law Group by calling (310) 997-4688.

A lawyer can help you understand all the facts about your specific DUI charges. You can speak to a lawyer if you are facing misdemeanor or felony DUI accusations. A lawyer can help you review your options to resolve DUI charges, such as getting your charges dismissed or even reduced.

Getting help right away may help you protect your rights after a DUI arrest. A lawyer can stand up for you against prosecutors and police officers. You may want legal assistance if you are facing your first DUI charge. The team at the Simmrin Law Group can also help if you have prior DUIs on your record. We believe in providing clients in your situation with comprehensive legal care.

You can also work with a lawyer if your DUI charges go to court. Your lawyer can provide you with information about many of the following subjects.

What Happens After You Get a DUI?

Many drivers do not know what to expect after a DUI in California. Drivers arrested for a DUI may face a number of serious repercussions. After a DUI arrest, you may:

Be charged with a criminal act.
Face a hearing with the Department of Motor Vehicles (DMV).
Have your license suspended.
Deal with increased insurance rates.

A lawyer can help you handle the results of a DUI arrest. You may contact a lawyer right away after you are arrested. A lawyer may stand up for you during your arraignment hearing, and you will learn about your charges at this hearing. You may also enter a plea for your case. Drivers who plead guilty end their case at the arraignment.

Your lawyer will work to resolve your charges. Many DUI cases end after a driver accepts a plea bargain. However, some DUI cases go all the way to court in California. A conviction could lead to fines, jail time, and other penalties. You may avoid these penalties if you work with a DUI lawyer in California. Your lawyer may help you consider additional results of a DUI arrest.

What Happens When You Get a DUI in Los Angeles?

What should you expect if you are charged with a DUI in Los Angeles? A judge may hold an arraignment hearing for you. At this hearing, you will learn about the criminal charges you are facing. You will likely face misdemeanor charges. However, you could face felony charges in some cases. A conviction for a DUI could result in jail time and high fines.

You may also need to set up a hearing with the DMV after a DUI in Los Angeles. The DMV has the right to suspend your license after a DUI. They may begin this suspension 30 days after your arrest. You may prevent this suspension if you request a hearing within 10 days of your arrest.

A lawyer can help you deal with all of the challenges associated with a DUI. You may resolve your case without a conviction. A lawyer may work to get your charges dismissed. In some cases, your lawyer may advise you to accept a plea bargain. You should contact a lawyer immediately after a DUI to get help on your side.

Can Police Search My Car After a DUI?

Police officers may take immediate steps to build a case against you if you are arrested for a DUI. In some cases, they may even want to search your vehicle. Can a police officer look through your vehicle after you are charged with a DUI? Police officers may examine your vehicle in two situations:

You Gave Them Permission

Officers often ask if they may look through your vehicle. Some drivers automatically give permission to a police officer. You may think there’s nothing problematic in your car, but police officers could find things you didn’t realize were there. It’s recommended that you do not give the police permission to go through your vehicle.

During an Inventory Search

Your vehicle may get impounded after a DUI arrest. It is very unusual for the police to allow you to drive your vehicle away from the scene. Police officers may carry out an inventory search at the impound lot. Technically, they should only list the items present in your vehicle. However, they may use this opportunity to look through your vehicle. They may even look in your glove box and trunk.

Can You Beat a DUI With a Public Defender?

Public defenders can handle your DUI case in California, so you can resolve a DUI charge by working with a public defender. However, public defenders are often overworked and underpaid in California. These legal professionals may have too many clients to focus on your needs after a DUI arrest. This means they may not provide you with the personalized care you need.

Still, many drivers turn to public defenders for help. The U.S. Constitution grants you the right to seek help in this manner. Many public defenders have a lot of experience handling DUI cases in California. In fact, many private lawyers first work as public defenders. This means that a public defender could help you beat a DUI charge in some cases.

It’s also important that you understand that public defenders may charge you a small fee throughout the state of California. This means you may not work with a public defender for “free.” You may choose, instead, to hire a private DUI lawyer. A private DUI lawyer would focus on providing you with personalized care.

Can I Beat a DUI Without a Lawyer?

Many drivers in Los Angeles consider handling DUI charges on their own. You may wonder if you can deal with a DUI without working with a lawyer. It is certainly possible to beat a DUI without a lawyer. You even have the legal right to represent yourself (“pro se”) in court if you choose not to work with a lawyer.

While you may beat a DUI on your own, this process is often very difficult. A lawyer may understand the legal codes tied to DUIs in California. Your lawyer may also understand what to look for in a plea bargain. Your lawyer may monitor police officers as they investigate your case to ensure your rights are respected.

A lawyer can also work to block evidence against you. In some cases, a lawyer may even take steps to get your charges reduced. These legal options may prove challenging if you are working on your own. Your lawyer may also ensure that you do not miss any important deadlines for your case. You may work with a private DUI lawyer or a public defender in Los Angeles.

Why Do You Need a Lawyer for a DUI?

What Can a DUI Lawyer Do for You?

Drivers in the state of California may want to work with a lawyer after a DUI arrest. You may review some of the reasons to work with a lawyer right now. A lawyer can help you handle questioning by prosecutors and police officers. In fact, you should never discuss your case without a lawyer present in California.

Your lawyer might also work to block evidence against you. Blocking evidence helps to weaken the prosecution’s case. It may even allow a lawyer to get your charges dismissed, allowing you to move forward with your life.

You may also resolve your charges with a plea bargain. A lawyer can work with prosecutors to bring you a plea bargain. You should not accept a plea bargain without allowing a lawyer to look it over. Some plea bargains are not designed to work in your best interests.

Finally, a lawyer can help if your DUI charges go to court in Los Angeles. Handling a courtroom battle on your own may feel confusing and frustrating. Allow a lawyer to take care of your legal challenges for you.

What Can a DUI Lawyer Do for You?

DUI lawyers in Los Angeles offer their clients a wide range of services. A DUI lawyer can help you from the moment you are arrested. Your lawyer may:

Protect Your Legal Rights

Prosecutors and police officers want to secure a conviction after a DUI arrest. They may violate your rights to get a conviction. A lawyer can monitor their actions during interviews with you. Your lawyer may also watch police officers as they investigate your case.

Work to Block Evidence

The prosecutor depends on evidence to secure a conviction. A lawyer may take steps to block the evidence against you. Showing that evidence was wrongfully obtained may prevent it from affecting your case. A lawyer may also dispute evidence brought against you, such as the results of BAC testing.

Take Steps to Resolve Your Charges

Lawyers understand how to resolve DUI charges in Los Angeles. A lawyer may block enough evidence to get your case dismissed. Your lawyer may also review any plea bargains offered by the prosecution in California. Sometimes, you may resolve a case by accepting a plea bargain to get reduced charges. Your lawyer may also stand up for you in court and handle your defense.

How Much Is a DUI Lawyer?

You may decide to work with a DUI lawyer after your arrest. However, you may wonder how much A lawyer will charge for their help. There is no hard-and-fast answer to this question since different law firms charge different amounts for their services.

In many cases, the cost to handle a DUI charge will be several thousand dollars. However, you should not assume that a lawyer will charge you this amount. Instead, it’s important that you speak with a lawyer before you agree to accept their services. Discuss their fees and how they expect you to handle any bills.

Many DUI lawyers in Los Angeles charge an hourly rate, so you may not face a high bill if your case is resolved quickly. It can grow very expensive if your DUI case goes to court. You may also choose to work with a public defender. Public defenders often charge a small fee to handle your case. This fee is generally much lower than the cost to work with a private DUI lawyer. Check the fees for different lawyers before you make a decision.

Do You Need a Lawyer for a DUI?

DUI charges in Los Angeles may prove difficult to handle on your own. Some drivers consider getting a lawyer to help them with DUI accusations. You may decide to work with a lawyer. Your lawyer may focus on:

Providing you with support during questioning by prosecutors.
Working to block evidence that could be used against you.
Monitoring police officers as they investigate your case.
Taking steps to get your charges dismissed or reduced.
Building your defense for the courtroom.

A lawyer may help you resolve DUI charges favorably. Lawyers may understand the defenses that work for DUI charges. Your lawyer may be able to assess any deals offered by the prosecution to make sure they are fair to you.

You may also want to work with a lawyer for your DMV hearing. The DMV may suspend your license after a DUI arrest. A lawyer may take steps to help you retain your driving privileges. You may also get timely answers to your legal questions if you work with a lawyer after a DUI. For these reasons, many drivers accused of a DUI decide to get legal help on their side.

Is Jail Time Mandatory for a DUI in California?

Is Jail Time Mandatory For a DUI in California?

Many DUI convictions result in jail time in California. This leads some drivers to assume that jail time is mandatory in DUI cases. However, this is not always the case. You may avoid jail time for some DUI charges in Los Angeles. First-time DUIs, in particular, may not result in jail time. You can also avoid jail time if you get your charges dismissed or take a plea bargain.

Note that some DUIs do lead to jail time. You may not avoid incarceration for all DUIs. If convicted, you will face:

A minimum of 96 hours in jail for a second simple DUI.
At least 120 days in jail for a third simple DUI.

You may also face much more time in jail. In some cases, a conviction for a second or third DUI could lead to one year of time in jail. Some counties require drivers to spend even more time behind bars. More serious DUIs could even lead to years of prison time. DUIs that result in an injury or a death may result in prison time.

Can You Avoid Jail for a DUI?

Can You Avoid Jail For a DUI?

Jail time is a common penalty for a DUI in the state of California. Does this mean you cannot avoid going to jail after a DUI conviction? In some cases, you may avoid jail time for a DUI. However, this may prove difficult. Your options for avoiding jail time may include:

Getting Your Charges Dismissed

In some cases, DUI charges are dismissed in California. The court decides whether or not to dismiss your charges. The court may dismiss charges if a lawyer manages to block evidence against you. Blocking evidence may weaken the prosecution’s case. A lawyer may also work to show that a law enforcement officer stopped you for no reason. This may get your charges dismissed.

Accepting a Plea Bargain for Your Case

Plea bargains are deals offered by the prosecution. You must admit guilt to a criminal charge to accept a plea bargain. In exchange, the prosecutor provides you with less severe penalties. Plea bargains are often offered for first-time DUIs. Some plea bargains help you avoid jail time by allowing you to face other penalties instead of time behind bars. You should discuss the pros and cons of a plea bargain with a lawyer.

What Kind of Jail Do You Go to for a DUI?

What Kind Of Jail Do You Go to For a DUI?

Many DUI convictions result in jail time in California. So, what type of jail would you go to for a DUI conviction? The answer depends upon the type of DUI charge you were facing. You may face different types of incarceration if you were charged with:

A Misdemeanor DUI

Most DUIs are charged as misdemeanors in California. Drivers convicted of a misdemeanor are generally sent to a local jail. This allows them to remain fairly close to their home and family. You may end up spending up to a year in jail for many misdemeanor offenses. Sometimes, drivers are let out early on parole.

A Felony DUI

You may face felony DUI charges in California. Felony DUI convictions do not lead to jail time in most cases. Instead, you would face time in prison for a felony conviction. The prison system in California is considered harsher. You will likely have to stay farther from home if you are sent to prison. Additionally, felony convictions lead to longer periods of incarceration. You may end up spending life in prison for some felony convictions.

Can a First Offense DUI Be Dismissed?

You may have many questions after you are arrested for your first DUI. Many drivers wonder if their charges can be dismissed. In short, some first offense DUIs are dismissed in California. A judge may dismiss your charges if there is not much evidence against you. Your charges could also be dismissed if a police officer stopped you without reasonable cause.

However, you should not expect all first offense DUIs to get dismissed. You must handle some charges in other ways. For example, you may get your charges reduced. This may require you to accept a plea bargain from the prosecution. A plea bargain requires you to admit guilt for a less severe charge. In exchange, the prosecution lowers the penalties against you.

A lawyer may also take your DUI case to court. However, many DUI charges are resolved outside of court. A lawyer may assess your case before deciding how to handle your charges. Your lawyer may review the evidence used by the prosecution. In some cases, a lawyer may even get evidence blocked. This could weaken the prosecution’s case. This may increase the odds that your charges will be dismissed.

Do First Time DUI Offenders Go to Jail?

Will you go to jail after a first DUI in California? In some cases, you may face jail time, even for a first DUI. Some counties require first-time DUI offenders to spend a few days behind bars, while other counties may allow you to avoid jail for a first-time DUI. You should discuss the regulations of your county with a DUI lawyer.

Note that, in some cases, you may spend a significant amount of time in jail. The court may sentence you to six months of jail time for a simple DUI. Simple DUIs occur if you do not harm another driver while driving under the influence. You can avoid jail time in some cases for a simple DUI if you accept a plea bargain.

The prosecution may offer plea bargains for many DUI cases. A plea bargain reduces the charges you face if you agree to admit guilt to a different charge. Some plea bargains exchange jail time for probation. However, this is not true for all plea bargains in the state of California. Allow a lawyer to look over any plea bargain before you accept it.

How Likely Is Jail Time for a First DUI?

How Likely Is Jail Time For a First DUI?

Drivers convicted of a first DUI in the state of California may face jail time. Incarceration is one of the penalties used for DUI offenses. But how likely is it that you’ll be jailed for a first DUI in Los Angeles? It’s difficult to determine the exact likelihood of jail time for DUI cases. In many situations, jail time varies on a case by case basis.

Drivers may face a maximum of six months of jail time for a first “simple” DUI. Some drivers may not face any time in jail. You may avoid jail time if:

Your lawyer gets your charges dismissed.
Your lawyer gets your charges reduced.

Prosecutors are sometimes willing to reduce DUI charges for a first offense. A plea bargain may allow you to minimize the penalties you face. Make sure you allow a lawyer to go over any potential plea bargain before you accept it. Plea bargains require you to plead guilty, so they are not always your best choice. However, they may allow you to get probation, instead of jail time, for a DUI.

What Happens If You Get Multiple DUIs?

Are you facing multiple DUI charges in Los Angeles? You may wonder what to expect in this situation. Each DUI in California is a priorable offense. Priorable charges remain on your record. All DUIs stay on your record for 10 years. Subsequent offenses within a 10-year period are treated more seriously. Each conviction leads to harsher penalties. Let’s consider the difference between a first and second DUI to assess these changes:

Penalties for a First Simple DUI

Up to six months of jail time
Up to six months of IID usage
Up to nine months of DUI school

Penalties for a Second Simple DUI

Up to one year of jail time
Up to one year of IID usage
Up to 30 months of DUI school

Clearly, you face harsher penalties if you get multiple DUIs. You may even face felony charges if you get enough DUIs in 10 years. The prosecution may treat a fourth DUI as a felony in Los Angeles. A felony conviction may result in prison time and higher fines. You would also be considered a convicted felon in the state of California, which could impact where you may live or work.

What Happens After You Get A 2nd DUI?

What Happens After You Get a 2nd DUI?

All DUI charges in the state of California are priorable offenses. This means that they remain on your driving record for 10 years. Each time you face an additional arrest, the penalties for a conviction increase. So, what happens after you get a second DUI in the state of California?

You face many of the same legal challenges as you would for a first DUI. However, prosecutors may not offer you a plea bargain for a second DUI. Additionally, you may face harsh penalties for a second DUI in California. The court may sentence you to:

Jail time of up to one year.
Use of an ignition interlock device (IID) for up to one year.
DUI school for up to 30 months.
Fines of thousands of dollars.

A lawyer may help you handle charges for a second DUI in California. Note that a conviction for a second DUI will remain on your record for 10 years. This may impact you if you get subsequent DUI charges. Handle a second DUI charge right now by calling (310) 997-4688. A lawyer may work on your defense today.

How Bad Is a Second DUI?

Each time you receive a DUI in California, the penalties get more severe. How serious are the penalties for a second DUI in Los Angeles? It may depend upon the type of DUI charge you are facing. However, let’s assume that you were charged with a basic misdemeanor DUI. In this case, you may face fines and:

Jail time of up to one year.
IID usage for up to one year.
DUI school for up to 30 months.

A second DUI comes with a minimum amount of jail time, as well. You may spend at least 96 hours in jail for a second DUI. Some areas of California require you to spend more time behind bars. Certain counties are harsher on DUI drivers than others.

You may also face severe charges if you were involved in a DUI accident. You could face felony charges if you injured or killed someone while under the influence. The court does not care how many prior DUIs you have in this circumstance. You could face felony charges even for your second DUI, which could lead to prison time and other penalties.

Will I Go to Jail for My Second DUI?

Need to know if you’ll face jail time for a second DUI conviction in California? The short answer is: a second DUI conviction generally leads to jail time. In fact, you may face:

At least 96 hours of time in jail.
At most, one year of time in jail.

These are only basic regulations for jail time for a second DUI. You may face additional time based on where your arrest occurred. Some counties are harsher on DUI offenders than others. Additionally, there are other repercussions for a second DUI in California. You may need to use an IID for one year. You may also need to go to DUI school for 18 or 30 months.

These are only the penalties for misdemeanor charges. You may expect a lengthier period of incarceration if someone was hurt in a DUI accident. You could even face prison time if you are accused of a DUI causing injury, for example. Finally, your second DUI will also go on your criminal record. This means you’ll face harsher charges for subsequent DUIs in Los Angeles.

Can You Avoid Jail Time After a Second DUI?

You face a more serious charge each time you are charged with a DUI in California. Each DUI conviction may result in a longer period of time in jail. Still, some drivers wonder if they can get out of jail time following a second DUI. Generally, you will go to jail if you are convicted of a second DUI in Los Angeles.

The minimum amount of jail time for a second DUI conviction is 96 hours. However, the court has the right to sentence you to up to one year of jail time. Some counties even use more jail time for a second DUI offense within 10 years. This does not mean that you will always go to jail if you are arrested for a DUI. A lawyer may help you avoid jail time.

Avoiding jail time may require a lawyer to get your charges dismissed. Your lawyer could also work to bring you a plea bargain. Some plea bargains allow you to avoid jail time. However, the prosecution is often less willing to offer a plea bargain for a second DUI.

How Long Do You Go to Jail for a 2nd DUI?

How Long Do You Go to Jail For a 2nd DUI?

Need to know how long you could go to jail for a second DUI? The amount of time you spend in jail may vary. In general, drivers charged with a second DUI face:

A minimum of 96 hours in jail
A maximum of one year in jail

However, there is not a hard-and-fast rule that applies to all counties in California. Some areas may require drivers to spend more time behind bars. You may learn more about the regulations for your county by reaching out to a DUI lawyer. A lawyer from your area can provide you with specific information about jail time for DUI convictions.

You could take steps to avoid jail time by working with a lawyer. A lawyer may focus on getting your charges dismissed. This would prevent you from going to jail. A lawyer could also help you get your charges reduced. Accepting a plea bargain may keep you out of jail altogether in the state of California. You may review all your options for handling a second DUI with a lawyer. This may help you find out how long you’d go to jail.

What Happens After You Get a 3rd DUI?

You may get three charges for a DUI within 10 years in California. What happens in this situation? The court will treat a third DUI as a misdemeanor in many situations. You may face up to one year of jail time for a third DUI. You may also need to attend DUI school for 30 months. In some cases, the court may fine you thousands of dollars.

A third DUI forces you to install an IID for a longer period of time — up to two years. You may choose not to install an IID. However, you would then be unable to operate your motor vehicle.

You may still build a defense to a third DUI charge in California. A lawyer may work to defend you after your third DUI arrest. Your lawyer may work to show that you were stopped without due cause. A lawyer may also focus on demonstrating that your blood alcohol content (BAC) was not too high. Taking these steps may help you resolve a third DUI charge in your favor.

Will I Go to Jail for My Third DUI?

You face a number of serious penalties if you are convicted of a third DUI in Los Angeles. Jail time is one of the penalties for a third DUI. Many counties in California require you to spend at least 120 days in jail after your third DUI conviction. This is the minimum amount of time in jail for a third conviction.

You may spend much more time behind bars for a third DUI. The maximum amount of time for a conviction is usually one year. There are other penalties for a third DUI in Los Angeles. You may also be fined. The court could also:

Require you to use an IID for two years
Order you to go to DUI school for 30 months

It’s important that you understand that these are the penalties for a misdemeanor DUI. You could face additional penalties if you are accused of a felony. You might deal with felony DUI charges if you caused a DUI accident. Felony charges often result in prison time instead of jail time. A lawyer may help if you are facing misdemeanor or felony DUI accusations.

Can You Avoid Jail Time After a Third DUI?

Many drivers expect to face jail time for a third DUI in Los Angeles. Can you avoid spending time in jail for a third DUI? In many cases, you should expect jail time for a third DUI conviction. The court system in Los Angeles may sentence you to:

No less than 120 days in jail.
No more than one year in jail.

These are the penalties for a standard third DUI conviction. These are the penalties you could face if you do not cause a DUI accident. You may spend much more time in jail for a DUI causing injury or a charge for vehicular manslaughter.

You may face additional penalties for a third DUI. The court often issues fines for drivers convicted of a DUI. You may need to use an IID for up to two years. You could also be ordered to attend DUI school for 30 months after a third DUI conviction.

There are steps you may take to avoid jail time for a third DUI. Generally, you must avoid a conviction in order to stay out of jail. You can avoid a conviction if your lawyer gets your charges dismissed. A lawyer may also work to have your charges reduced to an acceptable level.

How Long Do You Go to Jail for a 3rd DUI?

Drivers convicted of a third DUI in California may face jail time. How much jail time do you face for a third DUI? It often depends upon the county where you live. The state of California may require drivers to spend one year in jail for a third DUI. Some counties require drivers to spend a longer amount of time behind bars. Speak with a lawyer to review the laws for a third DUI in your area.

You should know that there is a minimum jail sentence for a third DUI. In many cases, you must spend at least 120 days in jail following a third DUI conviction. Again, some counties require drivers to spend more time in jail. Once you are released, you face a period of probation. While on probation, you must adhere to all the rules of the court and use an IID.

Note that you may face prison time for some third DUIs. Felony DUI charges lead to prison time. Prosecutors may charge you with a felony if you hurt or kill someone while driving under the influence.

Is a 3rd DUI a Felony in California?

Is 3rd DUI a Felony in California?

Were you charged with a third DUI in California? You may wonder if you’ll face felony charges in this situation. In most cases, the court does not treat a third DUI as a felony. Instead, you’ll likely face misdemeanor charges for a third DUI. A misdemeanor conviction could still result in one year of jail time, fines, and other penalties.

Note that you may face felony charges for a third DUI in some situations. Drivers may face felony charges for:

DUI causing injury.
Vehicular manslaughter.
Gross vehicular manslaughter.
Second-degree murder.

The above charges could result in felony convictions. It does not matter how many prior DUIs you have in this situation. Some of these charges are wobblers. For example, DUI causing injury and vehicular manslaughter are not always prosecuted as felonies. Gross vehicular manslaughter and second-degree murder are always felonies.

Felony convictions in California are serious. You may face prison time if convicted of a felony. Get help on your side right away if you’re charged with a felony. Start working on a defense today after a DUI accident.

What Happens After You Get a 4th DUI?

A fourth DUI in California is a very serious offense. Technically, the court considers a fourth DUI a “wobbler.” Prosecutors may treat wobblers as felonies or misdemeanors. This means you could face misdemeanor charges for a fourth DUI. However, it is more likely that you’ll face felony charges. Felonies are prosecuted more harshly than misdemeanors in California. A felony conviction could result in:

Prison time of up to three years.
Fines for thousands of dollars.
Use of an IID for an extended period of time.

Prisons in California are often considered harsher than local jails. The court may also label you a Habitual Traffic Offender (HTO) after a fourth DUI. Drivers face increased penalties for all traffic violations if they are HTOs. Note that your insurance may also go up considerably after a fourth DUI conviction.

You do not have to try to handle a fourth DUI on your own. You may choose to reach out to a DUI lawyer to get help. A lawyer may assist you if you are charged with a misdemeanor or a felony. Your lawyer may assess your needs right now.

What Is the Charge for a 4th DUI?

Are you facing a fourth DUI charge in 10 years? If so, you may wonder what criminal charge you’re going to face. Generally, the court system uses Vehicle Code Section 23152 to handle basic DUI charges, including a fourth charge for a “basic” DUI.

You may face VC 23152 charges as long as you did not cause an accident while driving under the influence. However, this does not mean that you’ll face the same results for a conviction. A fourth DUI receives different treatment in Los Angeles because a fourth DUI is considered a wobbler. Wobblers may lead to misdemeanor or felony charges in California. A felony conviction for a fourth DUI may result in serious legal consequences. You could end up facing:

Sixteen months, two years, or three years of prison time.
A large fine to the court.
Thirty months of DUI school.

Note that you may face different charges if you were in a DUI accident. In this situation, you could end up charged under Vehicle Code Section 23153. If someone was killed, the court may charge you under Penal Code Section 191.5. These charges apply regardless of how many DUIs are on your record.

Will I Go to Jail for My Fourth DUI?

A fourth DUI is a serious criminal offense in the state of California. Drivers accused of a fourth DUI in a 10-year period generally face felony charges. These drivers face time behind bars. However, they do not usually go to jail. Instead, you may end up sent to prison for a fourth DUI in Los Angeles.

A fourth basic DUI may result in up to three years of prison time. Prisons in California hold more serious criminal offenders. They are often higher security. Additionally, they are likely to be farther from your family and friends. This may make it more difficult for people to visit while you are incarcerated.

The court can also fine you, suspend your driver’s license, and send you to DUI school. These are some of the standard penalties for a DUI conviction in California. You should know that a fourth DUI is technically a wobbler. Wobblers are sometimes prosecuted as misdemeanors, but almost all fourth DUIs are treated as felonies.

You may focus on avoiding prison time by contacting a DUI lawyer after a fourth DUI arrest. A lawyer may help you resolve these charges in your favor.

Can You Avoid Jail Time After a Fourth DUI?

You may face felony charges for a fourth DUI in the state of California. This means that a conviction is unlikely to lead to jail time. Instead, you could face years in prison. A basic DUI offense could result in three years of prison time if you have three previous DUI convictions.

So, what can you do to avoid prison time for a fourth DUI in Los Angeles? You will want to work with a lawyer right away. A lawyer may work to build a defense for you. Resolving your charges in court may allow you to stay out of prison. A lawyer could take steps to show that:

You were stopped by a police officer for no reason.
You were not under the influence when you were driving.
You were given a mis-administered BAC test.
The lab did not handle your BAC test properly.

Handling felony DUI charges in California can prove very difficult. Take steps to stand up to these charges by contacting a DUI lawyer. A lawyer may focus on getting your charges reduced, so you do not face prison time.

How Long Do You Go to Jail for a 4th DUI?

How Long Do You Go to Jail For a 4th DUI?

A fourth DUI in the state of California is very serious. The court often treats a fourth DUI as a felony. This means you may not face a jail sentence for a fourth DUI conviction. Instead, you may end up going to prison for a fourth DUI. The prison system handles more serious offenders in California. Prisons are more restrictive and may be farther away from your home.

You may end up spending three years in prison for a fourth DUI. There are other penalties for a felony DUI charge, as well. You may face thousands of dollars of fines. In many cases, you must attend 30 months of DUI school for a fourth DUI.

Additionally, you face repercussions once you are out of prison. You’ll likely have to install an IID on your vehicles. You must use this IID each time you want to drive after a felony conviction. The IID measures your BAC. You may get help handling a fourth DUI charge right now. Getting legal guidance may help you avoid going to prison.

How Long Does a DUI Stay on Your Record in California?

How Long Does a DUI Stay on Record in California?

DUIs remain on your criminal record and your driving record in California. DUIs may stay on your criminal record indefinitely. This means they would be visible to anyone who runs a background check on you. Potential employers and landlords would see your DUI charge. An institution for higher education would also see a DUI conviction on your criminal record.

Your DUI does not remain on your driving record for the same amount of time as your criminal record. DUIs stay on your driving record for 10 years. During this amount of time, the DUI is considered priorable. This means it counts against you if you get another DUI. Each time you get a DUI, you face harsher penalties in California. The DMV and police officers may see your driver’s record. Generally, it does not show up on other background checks.

You may get a DUI conviction expunged. Expungement may remove a DUI conviction from your criminal record. Employers and others are not allowed to consider expunged charges, which could help you. However, the charge remains on your driver’s record for the full 10 years.

How Long Does it Take for a DUI to Come off Your Record?

California considers DUIs to be priorable offenses. Priorable offenses will remain on your record for a set amount of time. While they are on your record, they count against you. So, how long will a DUI charge remain on your record in Los Angeles?

DUIs stay on your record for 10 years. The countdown starts from the date you are arrested, not when you are convicted. The DUI will remain on your driving record for this 10-year period. The charge counts against you if you are arrested for any additional DUIs over the next 10 years.

Some drivers consider getting a DUI expunged in California. Expunging the charge removes it from your criminal record. It no longer shows up for background checks after an expungement. However, expungement does not clear your driving record. DUIs still count against you in court after an expungement.

It’s often better to fight a DUI before a conviction. This may prevent the DUI from ever going on your record. You can discuss your options to handle a DUI by contacting a lawyer in Los Angeles right now.

Can Prior Convictions Be Used Against You for a DUI in Court?

Can Prior Convictions Be Used Against You For a DUI in Court?

DUI convictions remain on your record. These convictions are considered “priorable.” This means they can be used against you if you are arrested for another DUI. DUI convictions count against you for 10 years following the date of your arrest.

Prosecutors may use each past DUI against you in court. The prosecution may be less willing to offer you a plea bargain if you have previous DUIs on your record. They may also insist on more serious penalties if you are convicted.

Additionally, multiple previous DUIs could even leave you facing felony charges. Drivers with three misdemeanor DUIs may face felony charges for a fourth arrest, even if they didn’t cause an accident or hurt anyone. Just having past DUI charges may result in a felony charge.

There is no way to remove past DUIs from your driving record. They remain even if you get your criminal record expunged. This means that they may be used against you even after an expungement. You should also know that some plea bargains may be used against you. Wet reckless charges are priorable and remain on your record for 10 years.

Can DUI Charges Be Brought Back Up After Being Dismissed?

Sometimes, DUI charges in California are dismissed. Does this mean that they are gone forever? Many drivers worry that the court may bring these charges back up following a dismissal. In some cases, dismissed charges may come back. It depends upon the way your charges were dismissed. Some charges are dismissed:

Without Prejudice

Charges dismissed without prejudice may be brought back. Dismissing a charge without prejudice allows the other party to put more work into their case. The prosecution could gather more evidence and then file new charges against you. They are legally allowed to do this for charges dismissed without prejudice. This applies to all charges, not just DUIs.

With Prejudice

Some DUIs are dismissed with prejudice. A judge may dismiss your charges with prejudice to make sure they cannot be brought back. Judges dismiss charges with prejudice if they believe there’s no way for your case to move forward. Judges also dismiss cases with prejudice for other reasons. DUI charges do not come back if they’re dismissed with prejudice.

Can You Be Charged With a DUI Months Later?

Drivers involved in a DUI may expect immediate criminal charges. However, this often doesn’t happen. The prosecution may wait months to charge you with a DUI. In fact, for many misdemeanor cases, the prosecutor could wait up to one year before filing charges.

You may wonder why prosecutors wait so long to file charges. They may wait for your blood work to come back before filing charges. It often takes a long time for labs to process blood work for DUI cases. The prosecution will want to make sure they have all their evidence in order before filing charges.

They may also simply be dealing with a backup. The court system in Los Angeles is extremely busy. It sometimes takes months before your case moves forward. As we mentioned, the prosecution has a year to charge you in a misdemeanor case.

You should contact a lawyer whenever you face DUI charges in California. Your lawyer could work to build a claim even if you were charged with a DUI months after the fact. You are not alone if you faced charges long after your initial DUI stop.

When Did DUIs Become a Felony?

Some DUIs have been considered felonies in California for almost a hundred years. California first began adopting modern regulations for drunk driving in 1935. These laws were contained in the Comprehensive Motor Vehicle Act of 1935. The Motor Vehicle Act included regulations for both misdemeanor DUIs and felony DUIs.

Therefore, certain DUIs have been felonies for almost as long as motor vehicles have been a regular sight on the roads. Currently, most DUIs in California are treated as misdemeanors. However, some DUIs are still prosecuted as felonies. You may face felony DUI charges if:

You have three or more previous misdemeanor DUI convictions.
You have one or more prior felony DUI convictions.
You caused a DUI accident and hurt someone.
You caused a DUI accident and killed someone.

Any of the above situations could result in a felony DUI charge. These charges lead to different penalties in some cases. However, they all lead to prison time and fines. They may also result in restrictions on your driver’s license. Drivers convicted of a felony are treated as felons by the court system. You may get help handling a felony DUI charge right now.

Why Would a DUI Be a Felony?

Many DUI accusations in California are treated as misdemeanors in the court system. However, this is not true for all DUIs. Why are some DUIs prosecuted as felonies? Generally, felony charges are used to handle serious DUIs. You may face felony charges if you were in a DUI accident and:

Someone got hurt.
Someone got killed.

In these situations, felony charges are often used. However, sometimes you may face felony charges for a simple DUI. The court uses felony charges for some drivers with three previous misdemeanor DUI convictions within 10 years. You may also face felony charges if you have one previous felony DUI conviction.

Every DUI in California is considered priorable. They remain on your record for 10 years, and the punishments for a DUI increase each time you are convicted. The court decides to punish some drivers who are repeat offenders with felony charges.

Note that the penalties for a felony DUI are very severe. Drivers face prison time instead of jail time for a felony. The fines for a felony are often higher. Drivers may have to use an IID for a longer period of time. Get more information about why a DUI would be a felony with a lawyer.

Is a DUI an Automatic Felony?

DUIs are treated very seriously in the state of California. Does this mean they’re automatically treated as a felony? Most DUIs are not automatic felonies in Los Angeles. In fact, many DUIs are treated as misdemeanors. You may face misdemeanor charges for your first three “simple” DUIs. Generally, simple DUIs do not involve an accident.

However, some DUIs are considered wobblers. You may deal with misdemeanor or felony charges for a wobbler. The prosecution decides whether you should face misdemeanor charges if you are accused of a wobbler. The prosecution may also treat your charge as a felony in this situation. However, the decision is not automatic. There will always be a decision made for these charges. Common wobblers in the state of California include the following:

A fourth simple DUI charge
DUI causing injury charges
Vehicular manslaughter

You should be aware that some charges associated with a DUI are always felonies. For example, drivers convicted of Watson Murder (second-degree murder) are always charged with a felony. So, some DUI charges are automatic felonies. These charges are relatively rare in Los Angeles. It is more likely that you’ll face misdemeanor charges.

Does the 3 Strikes Law Apply to DUIs?

California still uses a Three Strikes Law. This law severely punishes anyone charged with three felonies in the state. Does the Three Strike Law apply to DUIs? In many cases, the law does not apply to DUIs. For example, you will not get a strike if you are charged with a misdemeanor DUI. However, you may get a “strike” for a felony DUI. Most DUIs are not charged as felonies. You may face felony charges if you:

Have three or more misdemeanor DUIs on your record.
Have one or more felony DUIs on your record.
Hurt someone in a DUI accident.
Killed someone in a DUI accident.

The Three Strikes Law faced some changes in 2012. This revision made it harder to charge felonies as a “strike” unless they were “serious” or “violent.” This means you may face a strike for a DUI that caused an injury or a death. The prosecution may also seek to have a fourth DUI treated as a strike in some cases. You face incredibly harsh penalties if you get three strikes on your record in California. Make sure you take DUI charges seriously, as they could result in a strike.

What Is a Felony DUI in California?

Many DUIs in California are prosecuted as misdemeanors. Some DUIs are treated as felonies. What is a felony DUI in Los Angeles? It’s important that you understand that many felony DUIs are actually wobblers. Wobblers are charges that may result in misdemeanor or felony convictions.

You may face wobbler charges if you are charged with a fourth DUI within 10 years. DUI causing injury is also a wobbler in California. Finally, prosecutors may charge vehicular manslaughter while under the influence as a misdemeanor or a felony.

There are also some charges associated with DUIs that are always felonies. These charges are only used if you were involved in a fatal DUI accident. They are not just used for DUIs. However, you may face charges for gross vehicular manslaughter or second-degree murder after a DUI accident.

Felony DUIs result in very severe penalties in the state of California. Drivers convicted of a felony may face prison time and very high fines. Drivers may also need to install an IID after getting out of prison. You may learn more about specific felony DUI charges with a lawyer in Los Angeles. Discuss the charges you’re facing right now.

What Is the Penalty for a Felony DUI in California?

A felony DUI in California may result in severe legal penalties. You may wonder what kinds of penalties drivers face after a felony conviction. The results of a conviction vary because there is more than one felony charge used for DUIs. For example, you may face felony charges for a fourth basic DUI. In this case, you could end up spending three years in prison. You may also face fines and the use of an IID.

However, you could also face felony charges for a DUI causing injury. DUI causing injury convictions may result in four years of prison time and fines of up to $5,000. Drivers might face additional prison time if someone experienced a “great” bodily injury. You may also face additional time behind bars for each person hurt in the DUI accident.

Finally, some felony charges are used if a driver causes a fatal accident while drinking and driving. Gross vehicular manslaughter may result in severe penalties. Some drivers even face life in prison after a conviction. As you can see, there is no set penalty for all felony DUI convictions.

Are Three DUIs a Felony?

DUI charges in the state of California are priorable, which means they stay on your record for 10 years. You may face felony charges if you accrue enough DUI convictions within a 10-year period. Will three DUIs result in felony charges in Los Angeles?

Generally, the answer to the above question is no. A third simple DUI does not qualify as a felony in California. Instead, you should face misdemeanor charges for a third DUI. However, you may face felony charges if you hurt or injured someone in a DUI accident. It does not matter how many prior DUIs you have in this case. Causing a serious DUI accident is more likely to lead to felony charges.

You should also be aware that a fourth DUI may be a felony in California. A fourth simple DUI is technically a wobbler, meaning the court could treat it as a misdemeanor. However, it’s far more likely that you’ll face felony charges for a fourth DUI. Felony charges for a DUI are very serious. You could face prison time for a felony conviction, even if no one was hurt in an accident.

What Happens to You With a Misdemeanor DUI?

Many drivers wonder what happens if they are convicted of a misdemeanor DUI. The truth is, there is not a simple answer to this question. California does not treat all misdemeanor DUIs the same way. However, there are some basic penalties for a misdemeanor DUI conviction. You may face fines, for example. The judge could also sentence you to:

Jail Time

Up to six months for a first misdemeanor DUI
Up to one year for a second or third misdemeanor DUI

Use of an IID

Up to six months for a first misdemeanor DUI
Up to one year for a second misdemeanor DUI
Up to two years for a third misdemeanor DUI

Time in DUI School

Three to nine months for a first misdemeanor DUI
18 to 30 months for a second misdemeanor DUI
30 months for a third misdemeanor DUI

However, you only face the above penalties if you are convicted. You may not face a conviction for a misdemeanor DUI. Some misdemeanor DUI charges are dismissed, so you could resolve these charges and avoid all penalties. You may also work to reduce your charges with a plea bargain here in Los Angeles.

Can a Felony DUI Drop to a Misdemeanor?

Some DUIs are charged as felonies in California. Can these charges be dropped to misdemeanors? In some cases, felony DUIs may drop to misdemeanor charges. However, this can only work if you were charged with a wobbler, and if you did not serve any time in prison. There are only a few DUI wobblers in California. These charges include:

A fourth simple DUI charged as a felony
A DUI causing injury

The prosecution may charge these offenses as a misdemeanor or a felony. If you face felony charges, your lawyer may file a Penal Code 17(b) motion. A PC 17(b) motion asks the judge to drop your charges to a misdemeanor. However, note that you must not serve time in prison for a PC 17(b) motion to work.

Reducing a charge to a misdemeanor may help you avoid harsh penalties. For example, felonies may lead to prison time in California. A misdemeanor charge may result in jail time, instead. The jail system is generally considered less harsh than prison. Additionally, you will not be considered a convicted felon if you face misdemeanor charges.

DUI vs. DWI

What is the difference between a DUI charge and a DWI charge? Let’s first go over their meanings. DUI stands for driving under the influence. DWI stands for driving while intoxicated. In some states, these charges apply to different criminal acts.

Some states also treat DWI charges more seriously. They may use DUI charges for relatively minor offenses. They may switch to DWI charges if a driver’s BAC is very high. DWI charges may only be used when referring to driving after consuming alcohol, in some cases.

The state of California does not distinguish between DWI and DUI charges, instead only using DUI charges. These charges apply if you are driving under the influence of drugs or alcohol. You are unlikely to hear DWI charges referred to in the court system.

There are, however, many different charges used to prosecute DUIs. There are several sections of the Vehicle Code designed to prosecute a DUI. You could face unique charges if your BAC is very high or if you are driving while addicted to drugs. All of these charges are considered DUIs, however. None of them are considered DWIs.

Which Is Worse Reckless Driving or a DUI?

Which Is Worse Reckless Driving or DUI?

Reckless driving and driving under the influence are both criminal charges. Which of these charges is worse? Generally, a DUI conviction results in more severe penalties in California. In fact, reckless driving charges are often used as part of a DUI plea bargain. Let’s compare the results of a basic DUI conviction and a reckless driving conviction:

Penalties for a First Simple DUI

Jail time of up to six months
Use of an IID for up to six months
DUI school of up to nine months

Penalties for Reckless Driving

Jail time of up to 90 days
No use of an IID
No DUI school

As you can see, reckless driving is less severe than a DUI conviction. Reckless driving may still be a serious criminal charge, especially if you are offered a “wet” reckless charge as part of a plea bargain. “Wet” reckless charges will include a note on your record. This note indicates that your conviction involved alcohol or drug use. Wet reckless charges are also priorable, like other DUIs. For this reason, a lawyer may want to avoid a wet reckless plea bargain.

Is a Wet Reckless Better Than a DUI?

Drivers in California are often offered wet reckless charges as part of a DUI plea bargain. Drivers in this situation may wonder if a wet reckless charge is preferable to a DUI charge. Generally, a wet reckless charge will be better for you than a DUI conviction. Let’s consider why right now.

DUI charges are primary charges in the state of California. They are incredibly severe. Even a first-time DUI could result in:

Jail time for up to six months.
IID usage for up to six months.
DUI school for up to nine months.

Wet reckless charges are relatively minor. Drivers who accept a wet reckless plea bargain may face jail time of up to 90 days. Generally, wet reckless charges don’t require you to use an IID. You do not have to attend DUI school for some wet reckless convictions.

However, you should be aware that wet reckless charges are priorable. This means they stay on your driving record for 10 years. They count as a past DUI if you are arrested for another DUI offense. For this reason, lawyers sometimes avoid wet reckless plea bargains. However, they are still less severe than a DUI.

Is a DUI a Wobbler?

Wobblers are a special type of criminal charge in California where the prosecution could handle the case as either a misdemeanor or a felony. Some DUIs are wobblers in Los Angeles. However, the majority of DUIs are always treated as misdemeanors. Let’s consider some of the DUIs that are wobblers.

A fourth “simple” DUI is a wobbler offense in Los Angeles. You face this charge if you have three prior DUI convictions within a 10-year period. You only face this charge if you are not accused of harming someone else in a DUI accident. This charge is most often treated as a felony. However, it is technically a wobbler.

DUI with injury charges are also considered wobblers. You may face DUI with injury charges if you are involved in an accident while under the influence. The prosecution may review the severity of the injuries caused by the accident. The prosecution decides how to handle these charges based on the facts of your case and your past history.

In some cases, drivers may face vehicular manslaughter charges after a DUI accident. Vehicular manslaughter is also a wobbler. However, this charge often leads to felony charges in Los Angeles.

Will a DUI Disqualify You from Security Clearance?

You may want to get security clearances after a DUI conviction. Will you be automatically disqualified based on your conviction? In some cases, a DUI may prevent you from obtaining security clearances. However, this is not always the case.

You may still get a security clearance if you have a DUI in some situations. Generally, you will have better luck securing a clearance if you only had one DUI and if it was a long time ago. You should also make sure that you completed all the penalties handed down by the court after your conviction. It may also be a good idea to seek treatment for alcohol use to demonstrate that you regret the DUI.

Drivers with multiple DUIs often have a harder time getting a security clearance. Felony charges could make obtaining a clearance impossible. Many organizations worry that alcohol use shows unwanted qualities, leading them to deny your security clearance.

You can take steps to avoid this situation by handing a DUI charge before you are convicted. Getting help on your side may allow you to get a charge dismissed. In other cases, your charges may be reduced to an acceptable level.

Can You Pass a Background Check With a DUI?

Are you worried about a DUI showing up on a background check? Many drivers worry that they cannot pass a background check after a DUI conviction. It is true that a DUI conviction will show up on your criminal record. This conviction will appear to individuals who run a background check.

However, a DUI does not mean you will automatically fail a background check. California’s “Ban the Box” law may help you pass a background check. This law requires employers to make a conditional offer of employment before they run a background check.

An employer may still decide not to hire you after this point. However, they must carry out an individualized assessment of your case. You may be able to discuss your conviction and the ways your life has changed since you were convicted. Many employers are willing to give drivers with a DUI a second chance.

Note that you may also take steps to get your charges expunged. Expungement may remove a charge from your criminal record. Employers are not legally allowed to consider an expunged charge in California. However, not all DUIs will be expunged. Speak with a lawyer to find out if you could expunge your charges.

Can You Get a Job With a Felony DUI?

Getting a felony DUI may impact your life in many different ways. You may worry about your chances of getting a job if you have a felony DUI on your record. You are considered a convicted felon for these DUIs, which may impact your ability to work. However, you may still get a job in Los Angeles.

The state of California has recognized that felony charges may make it difficult to find a job. The state introduced “Ban the Box” legislation for this reason. The Ban the Box law prevents employers from asking about a criminal conviction right away. They may not request information about your criminal history until they make a conditional job offer.

The Ban the Box law provides you with the chance to get more consideration from employers in Los Angeles. However, your employer may run a background check after making an employment offer. Employers may decide not to hire you after this. However, they must provide you with an individualized assessment and allow you to discuss your charges. You may get a job with a felony DUI on your record in some cases.

Can I Drive Another Car Without Interlock If I Have a DUI?

California began a state-wide IID program recently. This program requires most drivers convicted of a DUI to install an IID. An IID must be installed in all vehicles registered in a driver’s name. A driver must only drive a vehicle with an IID installed.

IIDs are personal breathalyzer devices. These devices measure your BAC each time you try to start your vehicle. They will not allow your vehicle to turn on if they detect alcohol on your breath. You are not legally allowed to operate a vehicle that does not have an IID after a DUI.

Driving a vehicle without an IID may result in a violation of your probation. The court may also revoke your ability to use an IID, leading to the suspension of your driver’s license. You may then be unable to drive legally until the suspension ends. For this reason, it’s very important that you adhere to all regulations surrounding IID usage.

Make sure that you do not borrow a car without an IID. You may not want to rent a vehicle until your IID restriction is lifted. You may also be unable to operate vehicles at work. However, California sometimes issues waivers for work vehicles.

What Does Zero Tolerance Mean?

We sometimes use the phrase “zero tolerance” when discussing DUI charges in California. California has a zero-tolerance law for drivers under the age of 21, which means that drivers under 21 may not drive if they have any alcohol in their system. Even a BAC of 0.01% may result in criminal charges for a driver under 21.

The legal limit for most adult drivers in California is 0.08%. As you can see, drivers under 21 are well below this limit. Even using a mouthwash with alcohol in it may lead to a DUI charge. Fortunately, the penalties for an under 21 DUI are often very low. You may face small fines and the suspension of your license for a conviction.

California also has zero-tolerance rules for drivers on DUI probation. Drivers on probation are generally forbidden to drink any alcohol and drive. Drivers who drink before operating a motor vehicle may violate their probation. A probation violation may have serious results. It could allow the court to revoke your probation completely, which would result in jail time in Los Angeles. It could also lead to other restrictions for your probationary term.

Can You Get a DUI at 18?

Any driver in the state of California, including those who are 18, may face DUI charges. In fact, it’s easier for a driver under the age of 21 to get a DUI in Los Angeles. Drivers over the age of 21 may face DUI charges if their BAC is at or above 0.08%. Drivers under 21 must keep their BAC below 0.01%, which means that a single drink of alcohol could lead to DUI charges at 18.

There are special DUI charges used for drivers under 21. These drivers may face prosecution for:

Vehicle Code Section 23136 — Under 21 DUI with Any Measurable Amount of Alcohol
Vehicle Code Section 23140 — Under 21 DUI with Blood Alcohol Content Between 0.05-0.07 Percent

These charges are used if a driver’s BAC does not meet or exceed 0.08%. They generally lead to small fines and the suspension of your driver’s license. However, you should know you can be charged with a “regular” DUI, even if you are 18. This means you may face serious legal consequences if you are convicted. The penalties for a regular DUI include jail time, fines, DUI school, and license restrictions.

What Is Considered a DUI for Someone Under the Age of 21 in California?

California uses harsh rules for drivers under the age of 21 who drink and drive. These drivers may face DUI charges if their BAC is at or above 0.01% — well below the “standard” BAC level used for drivers over 21. Drivers older than 21 must keep their BAC below 0.08%.

This means that you may face DUI charges even if you only have one drink of alcohol. In some cases, mouthwash or some foods may even contain enough alcohol to lead to a DUI charge. The state of California uses specific charges for these under 21 DUIs.

A conviction for an under-21 DUI may only result in a license suspension and fines. This holds true if your BAC was below 0.07%. You might face “adult” DUI charges if your BAC was at or above 0.08%. In this situation, you may face other serious penalties, including:

Thousands of dollars in fines
Months of time in jail
Time spent in DUI school

Adult DUIs also lead to restrictions on your driver’s license in Los Angeles. They may impact your insurance and show up on your criminal record.

Can You Get a Warning for a DUI?

Police officers may stop you if they believe that you are breaking a driving law. In some cases, law enforcement officers leave you off with a warning. This may occur if you were exceeding the speed limit, for example. Many drivers wonder if they could get a warning for a DUI.

Generally, police officers consider driving under the influence to be a very serious criminal act. Drivers who operate a vehicle while under the influence put others at risk. Police officers very rarely just give a warning for a DUI case.

However, it’s impossible to say that you’ll never get a warning for a DUI. Some police officers may let you go with just a warning. However, this may only occur if they did not believe you were actually drinking and driving. They may have been unaware that you were impaired by alcohol or drug use.

You will not face criminal charges if you only got a warning for a DUI. This means you may continue on with your life. However, if you believe you were drinking and driving, you will want to exercise additional caution. It’s unlikely that you’ll get two warnings for a DUI.

What Is a DUI Warning?

You may receive a warning for a DUI from some police officers in Los Angeles. However, it is unlikely that a police officer will issue you a warning if they suspect you are driving under the influence. It is more likely that you may face DUI charges.

You may also receive specific warnings related to your rights during a DUI traffic stop. Law enforcement officers may inform you that you have the right to remain silent, for example. These warnings are part of your Miranda Rights.

Law enforcement officers are required to provide information about your Miranda Rights if you are being arrested. Note that they may not list out the rights the way you’ve heard on television. They must simply make you aware of your rights not to incriminate yourself and to secure legal counsel.

Make sure that you take any warnings issued during a DUI arrest seriously. Anything you say may later be used against you. It’s a good idea to avoid speaking about your charges until you’ve talked to a DUI lawyer. Your lawyer can work to ensure your rights are respected.

Can You Get a Warning for a DUI?

Can You Fight a DUI Charge?

Some drivers in Los Angeles feel overwhelmed by a DUI charge. You may think that you cannot fight a DUI accusation. However, this is not the case. In many situations, you may stand up to DUI charges here in California. There are defenses that work in DUI cases. For example, a lawyer may work to demonstrate that:

You Were Not Impaired by Alcohol

Sometimes, police officers believe drivers to be impaired when they are not. After all, field sobriety tests may be difficult to complete even when you are sober. A lawyer may help to dispute the results of field sobriety tests. Lawyers may even help you if you failed a BAC test. BAC tests do not always provide accurate results.

You Were Stopped Without Reasonable Cause

Police officers are not permitted to stop you without a reason. They have to have reasonable cause to believe you were breaking a traffic law. However, sometimes officers engage in racial profiling or other unconstitutional actions. In this situation, a lawyer could work to dispute your charges. In some cases, your charge may be dismissed. Find out more about fighting a DUI charge with a lawyer.

Why Do You Need a Lawyer for a DUI?

Why Do You Need a Lawyer For a DUI?

Why You Shouldn’t Plead Guilty to a DUI

You must decide how to plead after you are accused of a DUI in California. You must enter your plea during your arraignment hearing. During this hearing, you may plead:

No contest
Guilty
Not guilty

It’s generally advised that you do not plead guilty during your arraignment hearing. Why would you want to avoid a guilty plea? If you plead guilty, your case is effectively over. You have admitted to the charges. The court may then sentence you, and you are legally obligated to go along with the judge’s orders.

It is very difficult to walk back a guilty plea. This may hang over your head even if a DUI lawyer believes they could build you a defense. Make sure that you talk to a lawyer before you plead guilty to a DUI. A lawyer could step in to build your defense.

Instead of pleading guilty, a lawyer may advise you to enter a not-guilty plea. Your lawyer may then work to get your charges reduced. Some Los Angeles DUI charges are even dismissed. Your lawyer could also stand up for you in court. However, this all becomes very difficult if you plead guilty to a DUI.

What Is a DUI Pretrial Conference?

There are many different parts of a DUI trial, including the pretrial conference. What goes on during a DUI pretrial conference in Los Angeles? Generally, this legal hearing occurs after your lawyer has assessed your case. During this conference, your lawyer may:

Speak with the prosecution.
Speak with the judge.

A pretrial conference allows the judge to determine if your case is ready to go to trial. The judge may ask your lawyer if they’ve finished the discovery phase of their case. Discovery involves investigating the charges against you and going over evidence. Your lawyer may also bring up any pretrial motions during this conference. For example, your lawyer may request a 17(b) motion. This motion asks the judge to reduce your charges from a felony to a misdemeanor.

You should know that many DUI cases do not go to trial in California. In fact, your case may be resolved before your pretrial conference in some cases. A lawyer may help you resolve your charges with a plea bargain. Your lawyer may also take steps to get your charges dismissed. Only some DUI charges ever go before a judge and jury in Los Angeles.

What Happens at a DUI Pre-Trial?

What should you expect during the pre-trial phase of a DUI case in Los Angeles? A lot may occur during your DUI pretrial. This period stretches from the time you are arraigned until your criminal trial begins. During this period, you may:

Go to your arraignment hearing.
Learn about the charges you are facing.
Plead guilty, no contest, or not guilty.
Build a defense with a DUI lawyer.

Your lawyer will investigate your case during the pre-trial phase. A lawyer may also make motions to block evidence against you during this period of time. This is also the time when a lawyer would work to get your charges reduced. In some cases, a lawyer may request that the judge reduce your charges from a felony to a misdemeanor, for example.

Your DMV hearing will likely occur during the pre-trial phase of your DUI case. You have 10 days after a DUI arrest to request this hearing. The DMV may suspend your license 30 days after an arrest if you do not ask for a hearing. A lawyer may represent you during your hearing. You should be aware that many DUI cases are resolved prior to a trial. Frequently, these cases end when you accept a plea bargain.

Can You Get a Jury Trial for a DUI?

Can You Get a Jury Trial For a DUI?

Drivers arrested for a DUI in California can request a jury trial. The Constitution guarantees you the right to a jury by your peers. The Sixth Amendment discusses this right. This means you can go before a jury in order to have your charges decided. The jury may declare you not guilty if you are accused of a DUI in California.

However, many DUI cases do not go to trial. Instead, these cases are resolved outside of court. A lawyer can help you get your charges reduced or dismissed. Many DUI cases in California end with a plea bargain. You can reach out to a lawyer if you wish to discuss a jury trial for a DUI.

Your lawyer will investigate your case to prepare for a jury trial. Your lawyer may work to discredit the evidence gathered by the prosecution. Note that the costs to work with a lawyer may increase if your case goes to trial. Many lawyers focus on resolving DUI charges without a courtroom verdict. Still, the option is available if you want it.

What Is the Romero Motion?

What Is The Romero Motion?

You may hear a DUI lawyer mention a “Romero Motion” if you are facing felony DUI charges. Do you need to understand what a Romero motion is in Los Angeles? Let’s consider this legal motion right now. A Romero motion is used to remove a “strike” from your criminal record before sentencing in California.

Romero motions are tied to the People v. Romero case. In this case, a judge decided to remove a past strike from the record of Jesus Romero. This prevented him from spending the rest of his life in prison. Other individuals in California now have the right to request a Romero motion.

Romero motions may be important if you are charged with a felony DUI. Felony DUI charges can lead to a “strike” in California. This is especially true if you are facing charges for a DUI that caused an injury or a death. If you have prior felonies on your record, a lot of time could get added to your prison sentence due to your strikes.

You should know that Romero motions do not work for all DUI cases. However, filing this motion may help if you are caught up in California’s strike system.

Can I Request a Romero Motion for a DUI?

A Romero motion may remove a “strike” from your criminal record for sentencing purposes. Drivers facing felony DUI charges may request a Romero motion in Los Angeles. However, the judge may not remove a strike in all cases. Judges are required to carefully consider all Romero motions. They may not grant a removal just because:

It is convenient for them.
The court is congested.
You pled guilty.

Additionally, a judge must consider your background and the facts of your DUI offense when deciding whether to approve a Romero motion. This means that you may request a Romero motion in your case, but not receive approval.

It is important that you understand that a Romero motion does not remove the criminal offense from your record. Instead, the offense is just ignored for the purposes of sentencing for your current case. The strike remains on your record and could count against you if you are arrested again. A judge may not approve a Romero motion if you get another felony DUI. Speak with a lawyer about Romero motions to find out if they will work for you.

What Is a DMV Hearing?

You may need to request a DMV hearing after a DUI arrest in California. You may not know what a DMV hearing is, however. DMV hearings exist outside of your criminal case. They do not happen automatically. Instead, you have 10 days following the date of your arrest to request a hearing.

Why should you request a DMV hearing? If you do not ask for a hearing, the DMV can automatically suspend your license. The DMV may issue this suspension 30 days after your DUI arrest. You may lose your driving privileges if you do not request this hearing.

The DMV assesses your DUI charges at the hearing. They may speak to the officer who arrested you. Some evidence against you may also be presented. A lawyer may stand up for you during this hearing. Your lawyer may even question the officer who arrested you. This may help a lawyer build your criminal case. However, the DMV may still suspend your license.

Note that you may avoid a license suspension by installing an IID in your vehicle. The DMV generally allows you to continue driving if you have an IID after a DUI arrest.

What Happens if You Don’t Go to Court for a DUI?

What Happens If You Don’t Go to Court For a DUI?

Drivers arrested for a DUI are often released and given a court date. This date generally represents your arraignment hearing. What will happen if you don’t go to your arraignment hearing? You may face charges for failure to appear. The judge could also issue a bench warrant for you.

A bench warrant shows up on your record. A police officer is allowed to arrest you if you have a bench warrant out in your name. Once you are arrested, you may be brought before a judge. The judge might handle your case more harshly if you failed to appear for your arraignment hearing.

You should know that bench warrants do not expire. They remain on your record until you go before a judge. This means that you cannot wait out a bench warrant in California. Sooner or later, you will have to handle the warrant.

You should reach out to a DUI lawyer for help handling a bench warrant. Your lawyer can advise you about the best way to deal with a warrant and a DUI accusation. It’s often a good idea to talk to a lawyer before you turn yourself in for failing to appear.

What Happens if You Get a DUI While on Probation?

What Happens If You Get a DUI While on Probation?

You may end up on probation for a lengthy amount of time after a DUI conviction in California. What will happen if you are arrested for another DUI while you’re on probation? You may face numerous legal challenges in this situation. For one thing, getting a DUI will violate the terms of your probation.

Probation violations are criminal offenses in California. If you violate your probation, a judge may:

Increase the amount of time you are on probation.
Add new restrictions to your probation.
Revoke your probation and send you to jail.

However, you may face more serious consequences if you get another DUI. Your DUI would be considered another criminal charge. Additionally, the penalties for a DUI get worse with each conviction — this means you could face higher fines, a longer period of jail time, and other repercussions.

You may even end up dealing with felony charges in some cases. For example, let’s say you have three previous misdemeanor convictions for a DUI. A fourth arrest, while you were on probation, could result in a felony charge.

How Many Years Do You Get for DUI Manslaughter?

Were you charged with DUI manslaughter in California? If so, you could face a lengthy period of time behind bars. The amount of time you spend in prison may depend upon the specific type of charges you are facing. There are two DUI manslaughter charges in California. They include:

Vehicular Manslaughter While Intoxicated

Vehicular manslaughter while intoxicated is the less severe DUI manslaughter charge in Los Angeles. You may face misdemeanor or felony charges for vehicular manslaughter while intoxicated. Each charge comes with different penalties. You may face:

One year in jail for a misdemeanor.
Four years in prison for a felony.

Gross Vehicular Manslaughter While Intoxicated

You face more serious penalties for gross vehicular manslaughter while intoxicated. Gross vehicular manslaughter while intoxicated is always treated as a felony. You always face up to 10 years of time in prison for a charge of gross vehicular manslaughter while intoxicated. Both of these charges may also lead to high fines. You may have to pay restitution to the family of the person who died. You may also face the revocation of your driver’s license.

Does a DUI Mean I’m a Criminal?

DUIs are a criminal offense in California. You may face misdemeanor or felony charges if you are accused of a DUI. This means that, technically, you may be considered a criminal for a DUI. You may even be considered a felon after a felony conviction. DUIs may even act as a strike on your record. However, you would only face these results after a conviction.

You may take steps to avoid a DUI conviction in Los Angeles right now. You may reach out to a DUI lawyer to get help handling your charges. A lawyer could assess your case to provide you with legal advice. Your lawyer may focus on getting your charges dismissed.

A lawyer may also consider getting your charges reduced. You may accept a plea bargain after a DUI arrest. Note that a plea bargain requires you to plead guilty. This means that you would end up with a charge on your criminal record. However, this charge could be later expunged. A lawyer could also take your case to court. A jury verdict in your favor would allow you to avoid a criminal conviction.

How Much Does it Cost to Expunge a DUI?

Some drivers are interested in getting a DUI expunged in Los Angeles. The costs to get an expungement may vary. Many different law firms charge different amounts to handle an expungement. You should expect to pay at least a few hundred dollars to have a lawyer take care of an expungement.

Make sure that you speak with a lawyer before agreeing to work with them. You may contact a lawyer to get a free consultation to discuss their experience with expungements. You can also ask them about their prices during this consultation. Ensure you understand the charges you would face before you agree to work with a law firm.

You should also understand the limitations of a DUI expungement. Only some DUIs may be expunged. Felony DUIs, for example, cannot generally be expunged. Expunging a DUI only takes if off of your criminal record — it remains on your driving record. This means that a DUI will stay priorable after an expungement. DUI charges remain on your record for 10 years, no matter what you do. Discuss your situation with a lawyer before you focus on an expungement.

Contact a Los Angeles DUI Lawyer for Help

Are you dealing with DUI charges in Los Angeles? You may get legal help on your side in this situation. The team at the Simmrin Law Group is ready to take on your case. We understand what it takes to help clients accused of a DUI. You may reach out to us if you were accused of either a misdemeanor or a felony. We’re prepared to answer all of your DUI-related questions. Begin getting the answers you’re looking for with a free consultation.

You don’t have to wait to get help after a DUI arrest. Reaching out to a legal team allows you to start building a defense right away. This may help you get back your peace of mind after you are stopped for a DUI. We can help you understand pre-trial motions and your options to handle DUI charges. We know that all DUI cases in Los Angeles are different. Get personalized attention by reaching out to us as soon as you are arrested.

Reaching out to us for help is simple. All you need to do is call (310) 997-4688. You may also fill out our online contact form. Start working with a Los Angeles DUI lawyer right now.