In Van Nuys, California at large, and every other state, it is illegal to drive while under the influence of substances that affect cognitive and physical abilities. Alcohol, illegal drugs, and prescribed and over-the-counter drugs are all substances that have the potential to impair thought processes, alertness, and physical reaction times. If you have been charged with driving under the influence (DUI), contact a Van Nuys DUI Lawyer right away.
The consequences that come with a DUI conviction can be serious, and you need a skilled legal defender to ensure the most favorable possible outcome.
Drunk Driving Laws in Van Nuys
As in most other states, California law deems drivers 21 years or older with a Blood Alcohol Concentration (BAC) of .08% or higher as legally impaired. Even if your BAC is less than .08%, officers can still charge you with DUI if you show signs of impairment, such as red and watery eyes, compromised balance or gait, or slurred speech. There are specific limits for younger drivers, drivers on DUI probation, commercial drivers, and passenger-vehicle drivers:
- Drivers under 12 years of age and drivers of any age who are on probation for previous DUI convictions can be charged with DUI if their BAC is .01% or higher
- Drivers of commercial vehicles or who are transporting paying passengers can be charged with DUI if their BAC is .04% or higher
For a free legal consultation with a dui lawyer serving Van Nuys, call (310) 896-2723
The DUI Arrest Process
The initial investigation starts the DUI arrest process. This investigation begins when an officer pulls you over for a traffic violation, erratic driving, or an accident. If the officer observes evidence of impairment, you will be asked to perform a Field Sobriety Test (FST) and possibly a Preliminary Alcohol Screening (PAS) breath test.
Should results show you are under the influence, the officer will arrest you on charges of DUI and take you to the police station, a hospital if you need medical care or jail. The next step involves a chemical test or tests of your blood or urine to determine your BAC and the presence of other drugs in your system. While you can refuse a PAS test without penalty as long as you are 21 or older and not on DUI probation, refusing a chemical test can increase the penalties you face if convicted of the DUI charges.
Once tested and taken through the booking process, you will likely be released on bail or upon signing a legal promise to appear in court. The best next step is to contact a DUI attorney in Van Nuys from Simmrin Law Group.
Your lawyer may get your charges dismissed. However, if the charges are not dismissed, we will defend you in court and fight to mitigate the consequences.
Van Nuys DUI Lawyer Near Me (310) 896-2723
Driving Privileges and DUI Arrest
Upon your arrest for DUI, officers will confiscate your license and issue you a temporary one, along with a notice that the California Department of Motor Vehicles (DMV) will suspend your license in 30 days. California law requires officers to send the DMV copies of your license and suspension notice following your arrest. You have the right to request a suspension hearing with the DMV within ten days of receiving your suspension notice.
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Legal Penalties for Drunk Driving
A variety of factors influence the penalties you can face for DUI. Prosecutors will consider:
- Your BAC level. BAC levels of .15% or higher bring tougher consequences.
- Your DUI history. If you are on probation or have previous DUI convictions, the consequences will be more severe.
- Whether other parties were injured or hurt because of your decision to drive while impaired
Based on these factors and any other relevant conditions, penalties can include any, or a combination of the following:
- A six-month jail sentence. This sentence will certainly increase, as will your charges if others were injured or killed
- Fines of up to $1,000 for a first-time conviction and increased fines for subsequent convictions
- Installation of an ignition-lock device, which comes with installation and maintenance costs
- Attendance in DUI programs, typically ranging from three to nine months
- License suspension or revocation
- A criminal record
Additional Fallout
Keep in mind that convictions bring additional “natural” consequences. You will see increased insurance premiums, have to pay for public transportation, reschedule aspects of your life to fit in DUI classes or account for longer travel times, and arrange alternative modes of transportation for those who depend on you for travel to school, work, appointments, or other activities.
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How a Van Nuys DUI Attorney Can Defend You
After investigating your arrest and its specific circumstances, your lawyer may discover officers did not have probable cause to pull you over or did not carry out the PAS or FST properly. Your lawyer may provide evidence that you were not the actual vehicle driver or show that the results of chemical tests following your arrest were erroneous. Some medical conditions can produce false positives on chemical tests, and an experienced DUI lawyer in Van Nuys will know to investigate this possibility.
If your charges are not dismissed, your lawyer can pursue a plea bargain, a “deal” in which the prosecution reduces the charges against you in exchange for a guilty plea. A plea bargain can reduce felony DUI charges to misdemeanors or have DUI charges changed to less serious “wet reckless” or “dry reckless” offenses.
Should your case go to trial, your DUI attorney in Van Nuys will represent you at every court proceeding, ensuring your just treatment and presenting a powerful defense.
DUI Charges Require an Expert Legal Defense
In California, you have the right to remain silent following an arrest and the right to make three phone calls within three hours of your arrest. Use these rights. Do not speak to law enforcement about your alleged DUI.
Instead, contact an expert Van Nuys DUI lawyer from Simmrin Law Group and let your attorney speak on your behalf. From your initial conversation, your lawyer will serve as your fierce advocate, working to dismiss or reduce your charges and their potential punishments.
Call or text (310) 896-2723 or complete a Free Case Evaluation form