In California, you can be charged with a DUI if your blood alcohol concentration (BAC) is 0.08 percent or higher while operating a vehicle. Commercial drivers have a BAC limit of 0.04 percent. An exception is if a police officer feels you are too impaired to drive, which opens up the door for many mistakes.
You have the right to hire a law firm to represent you when facing DUI charges. Our Los Angeles criminal defense lawyers can review the documents from your arrest, listen to your story, and build a defense strategy to suit your unique situation.
Consult with a Los Angeles DUI lawyer at the Simmrin Law Group. Call now to schedule a free, no-obligation consultation. We can explore your legal options and tell you more about how our team can help you.
How Los Angeles Processes a DUI
The first phase of a DUI is the arrest and booking process. You will be given a chemical test when you are in an accident or pulled over by police. If you fail the BAC test, you will have your license taken away and be given a pink sheet suspension notice which acts as a temporary license if you have a valid license at the time of the incident.
After a DUI arrest, you will be using a temporary license and can lose your driving privileges unless you attend a DMV hearing. You have ten days from your DUI arrest to request a hearing and defend yourself against an administrative suspension. Thirty days after an arrest without a hearing, you no longer have a license, and your options shrink.
A trial is unnecessary for most DUI cases, and pretrial processes allow the defense to see the plaintiff’s legal strategy. A DUI lawyer in Los Angeles will comb through the evidence during discovery and find technicalities to help your defense. Through negotiation, we can find a middle ground or go to trial if that will give us a favorable outcome.
For a free legal consultation with a dui lawyer serving Los Angeles, call (310) 896-2723
Evidence the Prosecution Will Present in a DUI Case
When prosecuting you, the state will uncover and use different evidence to prove you are guilty of a DUI. They will rely on a breath test, blood test, the arresting officer’s statement, and video evidence. Simmrin Law will fight the evidence and place doubt in the judge or jury should it get that far.
While they will argue the evidence is strong, we will say the evidence collection process was unconstitutional or that the officer’s statement is biased. We can say that slurred speech is due to nerves, not alcohol. There are many ways to fight the evidence.
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Types of DUI Charges
A DUI charge is a broad term since many subcategories can affect the severity and your possible defenses. A first-offense DUI is often resolved without a conviction, and if you do not understand your charges, you will take the wrong steps. You should contact a Los Angeles DUI attorney to assess your arrest and determine the best approach to your case.
There are also underage DUIs and those involving drugs, which are challenging to handle without the proper experience. Repeat DUI charges are also challenging because you will face steeper charges.
The most severe DUI charge you will face is when there is an accident or a death, and you must have adequate legal representation to fight and keep your freedom. Felony charges are severe and result in imprisonment and steep fines.
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A Los Angeles DUI Lawyer Can Help Prevent A Conviction That Can Lead to Losing Your License
Three types of driver’s license suspension exist, and you can face any of these when you are arrested or convicted of a DUI in Los Angeles. An administrative suspension will happen 30 days after your arrest if you do not attend a DMV hearing.
If you are convicted of a DUI for an undetermined amount of time, you will face a full suspension. The court can issue a license restriction that allows you to drive to and from predetermined places like work, school, court, and doctor visits. Results will vary depending on individual factors like your driving, criminal record, and the arrest and charges.
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Other Consequences Surrounding a Los Angeles DUI Conviction
A DUI conviction will impact your life in more ways than one. Many people are worried about the criminal penalties they will face, including jail time, present, and fines. You may also be worried about the suspension or revocation of your driver’s license.
However, there are far more significant penalties that you could also be facing even after your release. Some of these include:
- Being required to install an ignition interlock device in your vehicle which can be costly
- Attendance at regular mental health counseling sessions
- Loss of career and housing opportunities
- Damage to your personal and professional reputations
- Temporary loss of voting rights
- Loss of firearm rights
- Court-ordered anger management
- Completion of a court-ordered drug or alcohol treatment program
You may also find that you are no longer eligible for federal student financial aid, have put your child custody rights in jeopardy, and are stuck dealing with substantially higher insurance rates due to your DUI conviction, so much so that you may no longer be able to afford the costs of insuring your vehicle.
This could put your ability to earn a living in jeopardy. Make sure you have a trusted DUI lawyer on your side who will help you understand the risks you are facing and prepare a compelling defense strategy.
Misdemeanor vs Felony DUI Charges
Misdemeanor charges are easier to fight because they carry fewer penalties and there are more defenses. Multiple offenses or instances with injury or death are felonies and harder to fight. You do not want to have a conviction for either and must speak with a DUI attorney in Los Angeles.
Misdemeanor convictions for a first offense result in four months of license suspension, six months in jail, fines up to $1,000, and five years probation. The DMV will install an ignition interlock device on your vehicle, and you will need to attend a state-mandated alcohol treatment program.
Repeat misdemeanors have steeper fines and jail time, with the highest penalty being $18,000 and 120 days in jail. Depending on the specific charges, a DUI defense lawyer will work to have your charges dropped, dismissed, or reduced.
Why You Should Hire a Los Angeles DUI Lawyer
If you are facing DUI charges, you should take your defense seriously. You can choose to have a public defender represent you, but keep in mind that these attorneys usually have full caseloads. They may pressure you to take a plea bargain that is not in your best interests.
When you hire a DUI attorney from our criminal defense law firm, you will receive the personalized attention you deserve. We can tailor a defense strategy to suit your unique circumstances. Our legal team will fight to have the court dismiss your charges or reduce your sentence.
How a Los Angeles DUI Lawyer Can Help
When you hire our DUI attorneys to handle your case, you won’t have to worry about sorting through legal paperwork or communicating with the prosecutor on your own. Our legal team will prepare your case and let you know what to expect from the legal process.
Beating a DUI charge is challenging but not impossible. Do not feel hopeless because defenses are available that will allow you to keep your freedom.
The most important thing a DUI lawyer can do is build your defense against DUI charges found in Vehicle Code § 23152. They can review your arrest and determine which defense strategy is appropriate for your case. Take a look at some of the defenses available for DUIs.
The Arresting Officer Did Not Follow Proper Protocol
Police error is a prevalent defense for DUIs because police officers make a plethora of mistakes. Errors can range from failing to read your Miranda Rights to failing to conduct proper field sobriety tests.
For example, police officers must be precise when administering a field sobriety test, and one mistake on their part results in a complete dismal or a lower charge. Police officers are supposed to conduct a fifteen-minute observation of your behavior before issuing a breathalyzer test.
They also have a protocol to follow when administering a blood test under the California Code of Regulations Title 17. If they committed any errors during these procedures, a lawyer can argue that your DUI charges are inadmissible.
In the rare case that the arresting officer did everything right, we will review the evidence against you and cast doubt on its validity. Conviction rates for DUIs in California are 70%, and the other 30 % are dismissals and charge reductions.
Medical or Dietary Conditions Interfered With a Field Sobriety Test or Chemical Test
Another defense for a DUI case involves showing that a medical condition or dietary program interfered with a field sobriety test, breathalyzer test, or blood test. Certain health conditions, such as hypoglycemia and diabetes, can trigger a false positive on a breathalyzer test. Similarly, a high-protein diet, such as the keto diet, can also register a BAC of 0.08 or more.
Medical conditions can also interfere with coordination-based field sobriety tests, such as the one-leg test. If any of these issues occurred during your arrest, a Los Angeles criminal defense attorney can argue to have your charges dropped.
While there is the possibility that you will have a dismissal, there is no guarantee. You must meet with a Los Angeles DUI attorney to review your circumstances and get a personalized idea of the outcome of your case.
The Arresting Officer Lacked Probable Cause for Pulling You Over
Police officers in California need probable cause to pull you over. Our criminal defense lawyers in Los Angeles will review their reasons for doing so to see if there is any credible evidence of a traffic violation or infraction.
Even if you did violate a traffic law, this does not necessarily mean you did so because you were driving under the influence of drugs or alcohol. There may have been another reason for your erratic driving behavior that even a sober person would exhibit. For example, you may have been avoiding a hazard on the road and had to swerve out of your lane for a moment.
Police officers may be quick to look for any reason to pull you over, but they have to have proof that your behavior was due to drug or alcohol impairment to charge you with a DUI. You can be drunk and sit in your car, and that does not constitute a DUI, but many police officers will try to find an excuse to charge you. They still need probable cause for a DUI in a parked car, though.
Choosing the Right Los Angeles DUI Lawyer: Why It Matters
Selecting the right legal representation can significantly influence the outcome of your case. Our Los Angeles DUI lawyers combine extensive experience with a personalized approach to legal defense, emphasizing client education and proactive legal action.
Personalized Legal Care
We tailor our legal strategies to suit your specific situation, ensuring that your defense addresses the unique aspects of your case.
Commitment to Clients
Our commitment extends beyond the courtroom. We offer ongoing support and legal counsel to help you recover and move forward from this challenging time.
Local Resources in Los Angeles
For those dealing with DUI charges in Los Angeles, here are some essential local resources:
- Los Angeles Superior Court: 111 N Hill St, Los Angeles, CA 90012 – (213) 974-5411 – Website
- Los Angeles Police Department: 100 W 1st St, Los Angeles, CA 90012 – (213) 486-1000 – Website
- Cedars-Sinai Medical Center: 8700 Beverly Blvd, Los Angeles, CA 90048 – (310) 423-3277 – Website
Contact a Los Angeles DUI Lawyer From Simmrin Law Group
You need a leading criminal defense law firm ready to take on your DUI case. We empathize with our clients and know how scary the situation is, but we will not back down from the prosecutor. Our team at the Simmrin Law Group will answer all your legal questions and help you find a strategy that works for you.
The faster you contact us, the sooner our DUI lawyers in Los Angeles can build a defense strategy. Our legal team can work to reduce your sentence or have the court dismiss your charges. Trust us to fight for you with personalized attention. Call us today to access your free initial consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form