"I love DUI Lawyer & Drunk Driving Defense in Los Angeles, CA"

2022-07-12 03:42:35

x Click to callCall Now(310) 862-0199Menu (310) 862-0199HomeAbout UsAbout UsIn the CommunityStudent ScholarshipReviewsWhy UsAreas We ServeDUI StrategiesDUI StrategiesDUI Plea BargainsMarijuana DUIPrescription Meds DUIResourcesResourcesFAQsGlossaryNewsCalifornia DUI PenaltiesCalifornia Vehicle CodesCalifornia Penal CodesContact UsAvailable 24/7: (310) 862-0199HomeAbout UsAbout UsIn the CommunityStudent ScholarshipReviewsWhy UsAreas We ServeDUI StrategiesDUI StrategiesDUI Plea BargainsMarijuana DUIPrescription Meds DUIResourcesResourcesFAQsGlossaryNewsCalifornia DUI PenaltiesCalifornia Vehicle CodesCalifornia Penal CodesContact UsHomeFREE CASE EVALUATIONCan a DUI be dismissed? Yes Can I keep my license? YesWill it be affordable? YesIs my life ruined forever? NoGET PEACE OF MIND NOWFREE CASE EVALUATION Los Angeles DUI Lawyer You Can Keep Your Freedom—and Your Driver’s LicenseGetting a DUI in Los Angeles does not have to be the end. A DUI is a serious criminal charge, and can damage your reputation as well as your life. But it’s a charge that defense lawyers routinely beat, and you do have options after your DUI arrest. You may be able to reduce your charges, block evidence against you, negotiate a light sentence or even walk away free.As you face your DUI, you will have questions. Will you go to jail? Can you keep your driver’s license? How much does a DUI cost in Los Angeles? That’s why we’ve assembled this in-depth guide. You’ll find everything you need to know to understand your DUI case below.Want a professional to help you? Talk to an experienced LA DUI defense lawyer about your case today—for free. Stop the automatic suspension of your California driver's license Get Legal Help NowWhat to Expect When Facing a DUI in Los AngelesCalifornia state law treats DUI as a misdemeanor, but it carries steep penalties. Here is an overview of what to expect:Your license will be suspended 30 days after your arrest, unless you request a hearing with the DMV to try to stop it.You will face a criminal proceeding that starts with an arraignment, where you enter your plea, and may then continue to a trial. Your lawyer may be able to negotiate a favorable outcome for you without ever needing to go to trial. If you do continue to trial, the outcome will be decided by a jury.There are strategies you can use to win your case. This includes finding holes in the prosecution’s evidence, proving that your rights were violated during arrest, and undermining the testimony of the arresting officer. These strategies can be used pre-trial to negotiate a plea bargain, or during trial to try to win your case.If you are convicted you will face penalties including jail, fines and court costs, treatment/education programs, a suspended license, and limited driving privileges, among others. The penalties vary depending on whether you have previous DUI offenses, whether anyone was injured, and how severe the judge is. A good lawyer can help you reduce the severity of the penalties even if you are convicted.Types of DUI ChargesCalifornia treats first time DUI’s as less serious than repeat offenses. Thus, the law has separate sets of penalties for first offense, second offense, and third+ offense DUI’s. This makes DUI law very complex, as two drivers with the same blood alcohol content can face different charges.For the purposes of these penalties, a previous offense counts for up to 10 years. Thus, if you have a prior DUI conviction from 8 years ago, and you’re arrested again for DUI today, the new arrest counts as a second offense. But if your prior conviction is from 11 years ago, your new arrest is a “first” offense. (The date of the arrest is what’s used to calculate how long ago a previous DUI happened.) Did you know? 1 Your driver's license is set to automatically get suspended. 2 You only have a few short days to request a DMV hearing to keep your driving privileges. 3 Depending on the offense you could lose your driver's license for as long as 3 years. 4 Depending on the conviction, penalties can run as high as $20,000. 5 You could be looking at jail time with a misdemeanor or felony on your record. Don't give up your legal rights without speaking to an attorney. (310) 862-0199 Everything you need to know about getting a DUI in Los AngelesJump To:IntroWhat to expect when facing a DUITypes of DUI ChargesFist Offense Minimum PenalitiesSecond Offense Minimum PenaltiesThird+ Offense Minimum PenaltiesProbationComplicating FactorsIs It Possible to Win a DUI Case?The Legal ProcessWill I lose my driver’s license?The DMV HearingGetting Your License Reinstated SR-22 formThe Rinstatement ProcessRefusing a Breath/Blood TestRefusing a Chemical Test Does Not Help Your CaseIf You Refused the TestDUI & DrugsDUI with Illegal DrugsDUI with Legal DrugsThe Evidence Against YouWill I Go to Jail?What does a DUI cost?Accidents, Injuries, and DeathsWinning Your DUI CaseFirst Step to a Successful Case What our clients say about us View All A friend of mine got arrested for a DUI in Arcadia and I came to court to support her. Her attorney, Steve, seemed to be very experienced and zealous on her behalf. Honestly, I didn't think she had much of a chance, but he really pulled out the big guns and secured her a victory. If I ever got into a situation like that, I would want a DUI attorney like Steve. 5/5D.B. | Arcadia, CA I really wanted to get this trucking position at a company, but they said they couldn't hire me because of a prior DUI that I got in Diamond Bar. That sucked because there's a lot of money in that industry. I called LA DUI Associates to see what I could do about this thing. They said there was a good chance they could get it off my record and they did. I'm really glad I called the attorneys at losangelesduiattorney.com. 5/5W.S. | Diamond Bar, CA I didn't feel like I was impaired when I was arrested for a DUI while driving down Golden Springs in Diamond Bar. There are so many DUI attorneys out there, I didn't know who to trust. I interviewed a few, but their interests didn't seem to align with mine. That was until I met Jason at LA DUI Associates. He felt like an old friend who could give me brutally honest advice in a compassionate manner. I really felt like I had an advocate on my side.... 5/5G.G. | Diamond Bar, CA I'm forever grateful to LA DUI Associates for delivering me from having to serve jail time and keeping my license. I thought my life was over when I was arrested for a DUI in Arcadia. All of it seemed so foreign to me. I was so confused and had many questions. David was able to answer all of them honestly and compassionately. Thankfully, his team did a great job. They are truly the best DUI lawyers in Los Angeles. 5/5C.P. | Arcadia, CA Here are the minimum penalties for each level of DUI charge in California.These penalties assume no one was hurt or killed:First Offense DUI Minimum PenaltiesApproximately $1800 in fines and costs. This includes the actual minimum fine ($390) plus various “assessments” (fees) paid to the government.48 hours in jail. This can be waived, but waiving it will increase your license suspension by 90 days.License suspension. The rules around your driver’s license are complicated, but the absolute minimum suspension is four months (90 days minimum from criminal penalties and 30 days minimum from the DMV). For many defendants it will be longer—easily a year or more.Alcohol treatment. You must complete a three month treatment program, costing $500. This is mandatory, and you cannot reduce your license suspension time without doing it.These are minimum penalties. The maximum penalties could increase your total fines and fees to $3600, increase your jail time to up to six months, and dramatically increase your alcohol treatment and license suspension time. Your car may also be impounded for 30 days at your expense, and you may be required to install an interlock device on your vehicle, also at your own expense.Second Offense DUI Minimum PenaltiesApproximately $1800 in fines and costs, as with a first offense.96 hours in jail.License suspension. At a minimum, you will lose your license for one full year and face restricted driving for two more years. Restricted driving means you can drive to work, drive on work related errands, and drive to alcohol treatment—nowhere else.Long-term alcohol treatment. You must complete an 18-month or 30-month treatment program, costing $1800. This is mandatory, and you cannot reduce your license suspension time without doing it.Required installation of an interlock device on all your vehicles, at your own cost.These are minimum penalties. The maximum penalties could increase your total fines and fees to $4000, increase jail time to one year, and increase license suspension to two years (plus two years of restricted driving). Your car may also be impounded for 30 days, and you may be required to install an interlock device on your vehicle, both at your own expense.Third+ Offense DUI Minimum PenaltiesApproximately $1800 in fines and costs, as with a first offense.120 days in jail (third offense) or 180 days in jail (fourth offense)Total revocation of driver’s license. At a minimum, you will lose your license for three years (third offense) or four years (fourth offense). There are no restricted driving privileges allowed.Long-term alcohol treatment. You must complete a 30-month treatment program, costing $1800. This is mandatory, and you cannot get your license back without it.These are minimum penalties. The maximum penalties could increase your total fines and fees to $18,000. Jail time could be up to a year for a third offense, or become 16 months in state prison for a fourth offense. License suspension can increase to two years (plus two years of restricted driving). Your car may also be impounded for 90 days at your expense, or you could totally lose your vehicle, forfeiting it to the state. ProbationYou may be placed on probation after any of these offenses. Probation lasts a minimum three years for first time offenders, and may last longer. If you drink and drive during this probation, or if you violate any laws (other than minor traffic violations), you have broken your probation and may be given additional penalties with no trial.Complicating FactorsDUI laws in Los Angeles are extremely complex. The penalties above may change for many reasons. For example:If the amount of alcohol in your system was particularly high (0.20% for some rules and 0.15% for others) you will face stricter penalties than those stated.If you injured or killed anyone while driving under the influence, you may face felony charges instead (your lawyer may be able to get this reduced). Felony charges carry one to five years in state prison.Fourth offense drivers may also face felony charges, even if no one was hurt.Refusing to take a blood or breath test is itself a crime and carries its own penalties.Besides the DUI, you may face additional charges, such as traffic violations.Is It Possible to Win Your Case?DUI cases are tough, but they are winnable. This may be true even if there is strong evidence against you. Hard “proof” like a breath test result does not always hold up in court or even make it to court. Lawyers successfully defend DUI cases in Los Angeles every day.Even when a case cannot be won outright, there are often ways to reduce the charges or the penalties. Doing this requires familiarity with the law. A knowledgeable DUI defense attorney in Los Angeles makes a huge difference.There are several ways your case can come out in your favor, depending on the circumstances:The charges are dropped or the case is dismissed. When this happens, it’s as if you were never arrested in the first place. There is no court battle and nothing goes on your record. Cases can be dismissed for many reasons: because the prosecutors are too busy to take on your case, because there isn’t enough evidence against you, or because your lawyer is a good negotiator.You’re acquitted. Being acquitted means being found “not guilty” and walking away free. This is the end goal if you and your lawyer decide to go to trial. Your chances for acquittal are best when your lawyer can argue that some of the evidence against you is not admissible in court.Reduced charges. Sometimes your lawyer can negotiate a deal for you. In a typical deal, the prosecutor agrees to reduce your charges or request a lenient sentence. The ideal offer is to change the charges from DUI to reckless driving, which carries much lighter penalties. In this arrangement, you will have to plead guilty but you will come out ahead because of it.The best thing you can do to improve your odds is hire an experienced Los Angles drunk driving defense attorney. The Legal ProcessBeing arrested for DUI in LA can feel overwhelming. The legal process begins right away and many defendants don’t really know what to expect. It can help to understand the legal process and what happens at each step.From beginning to end, the DUI process involves six major steps:The arrest. Most DUI arrests begin with either being pulled over, or an accident. If you were injured in the accident you may have been taken to a hospital, but otherwise you were likely taken to a police station. At the station you were processed and likely booked in jail overnight. From a legal perspective, two important things happen during the arrest phase: first, you were likely given a chemical test (either a breathalyzer or blood test). Second, your license was taken from you and you were given a temporary license (on pink paper) instead. This temporary license will expire in 30 days and you won’t be able to drive anymore, unless you can convince the DMV otherwise.Hiring a lawyer. You are not required by law to hire a lawyer. In fact, depending on your income, you may be assigned a lawyer for free (a “public defender”). Public defenders are competent lawyers, but are overworked and cannot spend much time on your case. Frequently they will tell you to accept whatever offer the prosecution offers without digging into the evidence or negotiating for you. This is one reason why it’s to your advantage to hire a DUI defense lawyer of your own. The sooner you can hire a lawyer, the bigger the difference it will make for your case. Ideally, start your lawyer search the day after your arrest.“Administrative Suspension” and the DMV Hearing. Many DUI defendants don’t realize that they can lose their license before their case even begins. By state law, the Department of Motor Vehicles will suspend your license automatically after your arrest. This is called “administrative suspension.” However, you can fight this if you act quickly. From the time of your arrest you have 10 days to file a request for a hearing with the DMV. Your hearing is your only chance to stop the administrative suspension of your license, and if you miss the deadline there is no going back. If you hire a lawyer, your lawyer will represent you at the hearing. This substantially improves your odds.The Arraignment. Your arraignment is the first hearing of your court case. It’s the first time where your lawyer and the prosecution will both stand in front of a judge and present their cases. It’s also the hearing at which you officially enter a plea of “guilty” or “not guilty.” Sometimes, the prosecution will already offer a deal in exchange for a guilty plea—but since the evidence has not yet been seen by both sides, most DUI lawyers will urge you to plead not guilty at this time. The arraignment is a short court meeting, not a trial, and there is no jury at this time.Pre-Trial. This is where many DUI cases are resolved—without ever going to trial. During the pre-trial phase of the proceedings, the prosecution is required to share all of their evidence with your attorney. A good DUI lawyer will dig into this evidence and start to do some sleuthing: were your rights respected at all times? Was the evidence collected fairly? Are there any red flags about the breathalyzer used in your case? Many DUI cases are surprisingly shaky, and this research can give you the upper hand. This phase is when your lawyer has the strongest bargaining power—all the cards are on the table, and they can demand a good deal for you. Ideally this means reducing the charge to something that is not DUI-related.Trial. Sometimes your lawyer will recommend going to trial. This may be true if the prosecution refuses to bargain or if their case is particularly weak. A court trial is not necessarily a bad thing, but it’s risky because the outcome is all or nothing. Your lawyer’s job is to convince the jury that there is doubt about what happened and ideally acquit you.If you are convicted—either at trial or by accepting a plea bargain—you will move on to a sentencing phase, where the judge will issue a sentence. This is also a phase where your lawyer can be useful, recommending a strategy to hopefully get the lightest sentence possible. Will I Lose My Driver’s License?If you are convicted of a DUI in California (even a first offense) you will lose your license for a period of time. However, the total length of time, and whether you have limited driving privileges, will depend on the outcome of your case.There are three main kinds of driver’s license suspension:The “Administrative Suspension” during your case. Your license will be suspended automatically 30 days after your arrest by the DMV. You may be able to stop this process if you request a DMV hearing, but you have to act quickly (within 10 days of arrest) and you will have the best chance if you hire a lawyer to represent you. It’s important to understand that this suspension can last up to four months and will be added to your other suspension time if you’re convicted. Stopping the automatic suspension is one of the best ways to minimize your time without a license.Full Suspension. If you’re convicted of a DUI your license will be suspended or revoked. During this time you cannot drive at all. For a first time DUI offense, the minimum will be two months (one from the criminal penalty and one from the DMV).License Restriction. A license restriction means you are allowed to drive only to/from work and to/from alcohol treatment. You may also be able to drive for work-related business if your job requires it. For a first time DUI, this restriction lasts a minimum of either two months (if you do not use it to drive to work) or five months (if you must drive to work). Combined with the two months of full suspension time, that means the minimum time without driving privileges is four months for a first time DUI.None of these penalties are easy to deal with. Clearly, however, the less time you spend with suspended or restricted driving privileges, the better. It’s much easier to find an alternate ride for four months than it is for seven months, a year, or 17 months—all of which are possible under a first time DUI.Because getting your license back is so important, it’s one of the areas a good DUI lawyer focuses on. Your lawyer can help you in several ways:Potentially stopping the administrative suspension at the DMV.Making sure you understand what you need to do to get your license reinstated.Helping you make the best choices for your circumstance (for example, accepting 48 hours of jail time to reduce how long your license is suspended).Making arrangements for you to get a ride to and from all court appointments.Constructing a strong defense. If you are not convicted, you do not lose your license.The DMV HearingTo avoid automatic suspension of your license you need to request a DMV hearing. This hearing is not given unless you request it. From the time of your arrest you have only 10 days to make the request, and it’s wise to hire a lawyer at the same time.The hearing itself is short. It can be done in person or over the phone. At this hearing, the DMV officer will ask just three questions:Was it reasonable for the officer to believe that you were driving under the influence?Were you lawfully arrested?Was your BAC 0.08% or higher?Answering these questions, however, is not simple. Officers usually do have a good reason to suspect DUI, even if you’re innocent. And you may not even know your exact blood alcohol level. After all, blood tests can take weeks to come back. Unless trained in DUI law, most average people do not know what the DMV officer is looking for or how to construct compelling answers.That’s just one of the reasons it’s important to hire a lawyer before the DMV hearing. Others include:A public defender (the defense attorney assigned to you by the state) will not represent you at this hearing. But a private lawyer will. If you don’t hire one, you have to face the hearing alone.Your lawyer will make sure to get key evidence before the hearing—such as the exact results of your blood test, if any.Lawyers understand the legal process around an arrest. They will know whether the officer was acting “reasonably” and whether the arrest was “lawful” or not.But the biggest advantage is that a lawyer can use the DMV hearing as a sort of mini-version of your trial. For the DMV hearing , you’re allowed to subpoena the arresting officer, which can reveal mistakes in how you were arrested. This subpoena can also be used later in your trial, and may be inconsistent with police reports or testimony at trial, making it an invaluable piece of evidence for your defense. Your lawyer will know how to secure the subpoena, and how to use it.Note: the 10-day deadline for your DMV hearing is very strict, and there are no appeals. If you miss the deadline or make a mistake at your hearing, it is too late to go back. It’s imperative to look for a lawyer immediately after your arrest and make good use of this administrative process.Getting Your License ReinstatedAfter your license suspension/revocation is up, you do not automatically get your driver’s license back. You must go through a process to reinstate it. The process is not hard, but it has to be done right.The first step is to complete all of the penalties and conditions of your DUI conviction. This may include:Serving out the full suspension period.Completing your alcohol treatment program.Completing traffic school, if required.Installing an ignition interlock device on your car, if required.Second, you will need proof of completing your court-ordered treatment programs/traffic school. Certificates should have been mailed to you after completion. If you did not receive them, contact the school or organization that ran the program. You will also need proof of installing your interlock device (if required), provided by the installer.Third, you need car insurance. However, the insurance you carry must meet higher standards because you are deemed a high-risk driver. The DMV will require proof that your insurance company is aware of this. You obtain that proof by filing a form SR-22. To file an SR-22:Contact your insurance company and tell them you need the SR-22. Most insurers are authorized to handle these forms.Pay the fee for the SR-22. Some insurers will charge more than others. If you aren’t sure which insurer to use, the California DMV provides an online insurance finder here.Purchase coverage for your vehicles. The minimum amount of coverage for one accident should be $15,000 for one person killed or injured, $30,000 for two or more persons killed or injured and $5,000 for property damage.Once the policy is purchased, the insurer will send the SR-22 to the DMV. Ask your insurer to confirm this with you. Note: if you do not maintain your insurance for the first 36 months, the SR-22 may be revoked and the DMV could take action against you.Last, get proof of insurance from your insurer. You are now ready to apply for reinstatement.The Reinstatement ProcessTo apply for your reinstatement, you will need to go to your local DMV and fill out a Form DL 44. You cannot print this out online, but you can request to have one mailed to you or simply fill it out at the DMV. Once you’ve completed it, bring the form and all of the documentation above (proof of completion or court-ordered programs, proof of installing an interlock device if needed, and proof of insurance) to the DMV. You will pay a fee $150 and your license reinstatement will be processed.To save time at the DMV, you can make an appointment ahead of time.Refusing a Breath/Blood TestIn most cases, when you are arrested for DUI you will be asked to take a blood alcohol test. This test is not optional. California law follows the doctrine of “implied consent.” This means that you agreed to take the test in advance, when you applied for your driver’s license. Refusing the test is illegal.There are three kinds of chemical tests you can be asked to take:A breath test (“Breathalyzer”). This can be administered roadside or at the police station. You blow into a machine for several seconds and it evaluates the alcohol in your breath. Results are given immediately.A blood test. You will be taken to a hospital for this. The test involves drawing a small sample of blood and sending it to a lab for analysis. The results may take days or weeks.A urine test. This is less common unless you are suspected of using illegal drugs. It is also done at a hospital and the results take several days or weeks.Unfortunately, many DUI defendants do not realize that refusing the test is illegal until they’ve already refused it. There is no way to go back and undo this, and it will mean stiffer penalties in your case. Refusing the test adds a $125 fine and one to three years of additional license suspension, on top of the DUI penalties. (It’s a one year suspension for the first offence, two years for the second, and three years for the fourth or more.)Refusing a Chemical Test Does Not Help Your CaseSome drivers refuse the test on purpose, to deprive the prosecution of evidence. This is not a good strategy, for several reasons:You can still be arrested for DUI even without the test.Many drivers are convicted of DUI without blood, breath or urine test evidence.In some locales, you may be forced to take a blood test anyway—against your will.The prosecution will focus on your refusal to take the test, and say that it’s proof you knew you were intoxicated. Refusing the test can actually make your test worse.Remember that chemical test evidence can be disputed. It may seem scientific, but the methods used to conduct these tests are rife with errors. A good DUI lawyer can defend you even if there is breath or blood evidence saying you were over the legal limit.If You Refused the TestIf you did refuse the test, you have legal options. The police are required to inform you that refusing the test is a crime. They are also required to give you the choice between a breath test and a blood test. If they failed to do this, your attorney can argue against the refusal charge.There are also some special circumstances. For example, a person who is hemophiliac or requires anti-coagulants for a heart condition can turn down a blood test, and this is not a refusal (the individual will likely still be charge with refusal, however, and have to prove their case in court). In these cases, however, they must accept a breath test if one is available. Similarly, people who are passed out, do not speak the same language as the arresting officers, or have suffered a head wound can be ruled as exempt, because they had no capacity to consent or refuse the test.DUI and DrugsDUI laws apply to driving under the influence of drugs as well as alcohol. This includes both legal drugs and illegal drugs, if they affect your ability to drive. Marijuana, ecstasy, and virtually all “recreational” drugs are considered to affect driving ability.The way drug DUI’s are evaluated is less scientific than an alcohol DUI. With alcohol, there is a legal threshold: anyone with 0.08% blood alcohol content or higher is impaired. But with drugs, there hasn’t been enough research to set a threshold. (Presumably, it would vary widely from one drug to another.) Without this research, any amount of a drug in your system can count as a drug DUI.Testing is also different. In many DUI cases, the default testing method is a breath test. Breath tests cannot detect marijuana or other drugs, however. Thus, it’s much more common to use a urine or blood test. In some cases, the officer will first suspect drunk driving and request a breath test, but when the results come back surprisingly low, they will request a urine test to screen for drugs. Just like with an alcohol DUI, refusing the test is illegal.The consequences for alcohol and drug DUI’s are identical, except that there is no administrative license suspension for drug DUI’s. Your license will still be suspended upon conviction.DUI with Illegal DrugsWhen you’re arrested for a DUI involving illegal drugs, you will face the same consequences as if you were drunk. However, you may additionally face drug possession charges. This makes a drug DUI a sort of “double whammy.” But police cannot charge you with drug charges unless they find some drugs on you, or witness you throwing away drugs, just like any other drug arrest. The blood or urine test does not establish possession.Note that drug DUI’s include the use of legal, prescribed marijuana. If you are using marijuana legally, you may not be charged with possession, but you will still be charged with DUI. This is because the issue is impairment while driving, which is the same whether the drug is legal or illegal.DUI with Legal DrugsPrescription drugs and over-the-counter drugs can both lead to a drug DUI. As with medical marijuana, the issue is whether you were impaired. Many common, non-prescription drugs cause drowsiness or dizziness, which counts as impairment. Benadryl is a good example.Prescription drugs, especially pain relievers, are also common culprits in drug DUI’s, even when the driver has a prescription.The Evidence Against YouWhen preparing for your DUI case it’s important to understand the evidence that will be used against you, and how your attorney will defend against it. DUI evidence is not as rock solid as law enforcement would have you believe. Attorneys who focus their practice on DUI understand the weak spots and how to overcome this evidence.There are five main types of evidence used in DUI cases:Driving patterns. Unless the DUI involves an accident, it likely started when an officer noticed erratic or unusual driving and decided to do a traffic stop. Weaving, drifting, and driving in two lanes at once are common patterns officers associate with drunk driving, but there are many more. The National Highway Traffic Safety Administration has a list of over 20 driving patterns that may indicate drunk driving, and says that these patterns maintain DUI with 35% accuracy. Prosecutors will refer to this erratic driving in court as part of building their case.Behavior. Once they pull you over, police officers are trained to look for certain cues that indicate you’re intoxicated. This includes obvious signs, like bloodshot eyes or the smell of alcohol, but also some less obvious ones. For example, fumbling with the car keys counts as a sign of intoxication, and so do trembling hands.Field sobriety tests. Officers may ask you to perform “field sobriety tests” (FSTs) where they can evaluate whether you’re acting drunk. Most of us have heard of reciting the alphabet backwards or walking a line, but there are a wide variety of standard tests to use. You are allowed to refuse a field sobriety test if you so choose.Your own statements. What police really want is for you to admit you were drinking. They will directly ask you, but they may also try to trick you: for example, asking, “How many drinks did you say you had?” You are not required to say anything to incriminate yourself, but anything you say can be used against you. (Police are not required to read you your rights and remind you of this until they actually arrest you, but they can still use pre-arrest statements against you.) The best policy when talking to police is to be polite but not offer any information that may incriminate you. If need be, tell them you don’t want to answer questions until you’ve spoken to a lawyer.Blood, breath and urine tests. This is often thought of as the gold standard of DUI evidence, but it’s unreliable, particularly the roadside breath tests. These tests use portable devices known as PAS or EPAS units. They are imprecise and are meant only to help an officer make a decision on whether to arrest you, but PAS evidence is sometimes allowed in court cases. The more reliable tests are the ones used post-arrest at a hospital or police station. In California, this is usually a blood test or breath test. Urine tests are used only when the other two are unavailable. As mentioned above, it is illegal to refuse these tests.DUI defense lawyers have developed strategies for combating all of these types of evidence. Driving patterns and behavior, for example, are not proof of drunkenness. There are many reasons why people swerve, drive slowly, or fumble with their keys. And officers are unreliable in reporting this behavior—they almost always say a defendant slurred his speech, even if video evidence proves that he didn’t.Field sobriety tests require subjective judgment. That judgment is made by an officer who may already be biased toward believing the driver is guilty. DUI attorneys will look for video evidence, audio evidence, or witness testimony that undermines the officer’s account. They will also look for discrepancies from the officer himself.If you admitted to drinking, it’s hard to convince a jury to ignore it. But you may not have to. People who are aware of their rights rarely admit they’re guilty, and police procedures require that arrests be made a certain way. Your defense attorney will evaluate whether the police truly did their due diligence in protecting your rights, and try to have evidence thrown out if your rights were violated.Blood and breath tests are done by machines that have to be properly calibrated, and must be carried out by individuals with the correct credentials. DUI attorneys devote a huge part of their time to understanding how these devices work and the circumstances under which they fail. They may be able to have chemical test data excluded.Will I Go to Jail?Jail is a big fear for many DUI defendants. If convicted, there will be jail time. But often that jail time can be whittled down to just a few days, and does not have to end your career or your life. Ideally, you will be acquitted and walk away free.There are two points at which DUI defendants face potential jail time:Immediately upon arrest. When you’re arrested you will likely be booked into the county jail overnight. Typically you will be released the next day in one of two ways. Depending on your criminal record, you may be released “on your own recognizance.” That means you promise in writing to come to all your court dates, and are allowed to go free. In other cases, bail is required. Bail is money you pay to the court as a guarantee you will return. If you show up for all your court dates, the bail money is returned to you. Most defendants pay this by taking out a bail bond, which is essentially a loan (interest is usually around 10%). In either case, you will be out of jail in less than 24 hours.If convicted. All DUI charges carry some amount of jail or prison time. For a first time offense it can be as little as two days or as much as six months. Reducing your jail time is a priority for your DUI lawyer. This can be done by negotiating a deal where you plead guilty in exchange for a lighter sentence. Or, your lawyer may be able to negotiate a lighter charge that does not carry jail time at all.Normally, DUI sentences are served in the county jail. In some cases however, a DUI becomes a felony. This is true if the DUI caused injuries or deaths, and it’s also true for fourth offense DUI’s. A felony DUI can carry a sentence of more than a year, which will be carried out in state prison, not jail. A lawyer may be able to argue for a shorter sentence or the dropping of the felony charge.How Much Does a DUI Cost in California?Getting a DUI can be expensive. There are three types of fees you may have to pay:Fines. This is the actual criminal fine prescribed by law. There is usually a minimum and a maximum, and a lawyer may be able to help keep your fines down.Court assessments. These are fixed fees related to the cost of processing your case. You only pay them if you’re convicted. These amounts are non-negotiable.Sentence-related costs. If you are ordered into an alcohol education class, you will pay tuition for it. If your car is impounded, you pay a storage fee. Ignition interlock devices are also paid out of your own pocket. In short—whichever penalties the judge throws at you, you will bear the costs yourself. This is why it’s so imperative to have a good lawyer who will fight against even seemingly small penalties.All told, these costs rarely add up to less than $2,000-3,000 and can easily escalate to over $10,000.Besides the fines and court costs, many DUI defendants also worry about the cost of a lawyer. This is a reasonable fear. However, a skilled DUI lawyer is usually worth the money. Not only can they potentially reduce your jail time or help you get your license back sooner, they could also reduce the total fines you pay. That means that even with an hourly rate, hiring a lawyer could save you money.Depending on your case, a DUI attorney may be able to offer you a flat fee. Many will also arrange a payment plan. You do not have to hire a lawyer, but it’s worth your time to speak to one. Request a free consultation and then ask exactly what they will do for your case. Then you can decide whether it’s worth it to hire them.Accidents, Injuries and DeathsSome DUI’s begin with an accident. This can make your case much more serious, particularly if you cause an injury. Injuries or deaths change your case in several ways.First, judges and juries take a dimmer view of DUI drivers who hurt someone. The penalties for DUI have minimums and maximums. If you injured someone, it’s likely that a judge will lean toward stiffer sentences.Secondly, DUI’s that cause injuries or deaths are no longer misdemeanors. Instead, they’re felonies. This is a legal distinction, but it’s one that can affect your life for years to come—including your ability to find work and your right to vote. Additionally, felony DUI carries much stiffer penalties, from one to five years in state prison depending on your offense. A good lawyer may be able to get the felony level DUI dropped back to a misdemeanor, which also caps the sentence at one year.Third, you are liable for the costs of the accident you caused. This is settled separately from the criminal proceedings. Your car insurance can pay for the medical bills and damages, but it may not cover the entire cost (which can easily run tens of thousands of dollars). In that case, the injured party may file a civil suit against you to get the rest. You will need to fight that suit as well as your DUI case.If you find yourself in this position, remember that your criminal case affects the lawsuit against you. If you’re convicted of DUI it lends credence to lawsuit. On the other hand, if you are acquitted, it strikes a blow against the lawsuit, since the blame for the accident may not be entirely yours.Winning Your CaseIt’s possible to win a DUI case. Often, even cases with strong evidence against the defendant end in the defendant’s favor. TO do this, a defense lawyer uses a variety of strategies. These include:Looking for discrepancies from the arresting officer.Comparing testimony from witnesses (if any).Video/audio evidence that contradicts the officer.Violations of your rights.Alternative explanations for a failed breath test.Misuse of field sobriety tests or breathalyzers.Glitches, bad data, or lack of calibration from a breath test device or other chemical testInadequate licensing or certification from lab technicians conducting a chemical testEach of these strategies can be used on its own or in combination. Often, it will be used to throw out certain evidence, substantially weakening the prosecution’s case. This can be used to win your case before or during trial. If the prosecutor can see that their case is weak, or aren’t confident they can win it, they may completely drop the charges rather than going to trial. Alternatively, they may offer a plea bargain. This is an offer to reduce the charges to something like reckless driving, or to recommend a lenient sentence to the judge. This can end your case with minimal cost and without the risk of a hefty sentence.If the case does go to trial, the same strategies can be used to cast doubt on the evidence used by the prosecution. Even if the evidence is allowed, your lawyer can bring in experts to testify that the evidence is flawed. This can leave a jury rolling their eyes at the prosecution’s case.Remember, to win a criminal case you do not have to prove you’re innocent. You only have to create a “reasonable doubt” about the prosecutor’s argument. DUI lawyers know how to do this and they do it routinely.The First Step to a Successful CaseWithout a good defense, a DUI can ruin your life. It can lead to jail time, thousands of dollars in costs, and months or years without your license. Many defendants think there is nothing they can do in their case, only to see it get much worse than they originally thought.A lawyer can help you, but you have to move fast. The first deadline of your DUI case is just ten days after your arrest. If you don’t file a request for hearing by that time, the DMV automatically suspends your license. After that, the court dates come rapidly—and you need to use this time to construct your defense. This is when a good lawyer will subpoena the officers, pull data on the breath or blood test, scrutinize the arrest report and find the holes in the case against you. Without this kind of strategy, you’re at the mercy of the prosecutor.Talking to a DUI lawyer is the smart option, and it comes with no commitment. You can get your case evaluated for free, and still go it alone if you choose to. Just fill out the form below and an experienced lawyer will contact you to review your case.There is no substitute for a good legal defense in a DUI case. Give us a call and get your FREE consultation today. 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