DUI Information and DUI Laws in Los Angeles, CA
There are severe and harsh punishments given to those charged with a DUI offense in Los Angeles and we have taken some time to answer the most common questions governing today’s DUI Laws.
What is the maximum DUI blood alcohol level?
The maximum Blood Alcohol Concentration limit is 0.08%. A major part of the prosecution’s case for establishing a legal DUI limit infringement depends on the use of an approved instrument for taking breath samples. The instrument is calibrated to show a numerical value if the BAC is below 0.05% and caution if it is between 0.05 and 0.1 percent. It shows fail for all instances over 0.1%. Findings by a qualified technician who handles this instrument are admissible in court as evidence.
What happens if I get arrested for DUI?
Getting arrested of a DUI offense can be quite overwhelming and it could change the course of one’s life. Whenever a person is arrested for drunk driving and charged with a drinking and driving offense for the first time, he or she may have to face the numerous court proceedings that are involved, including having to face the police officers as well. The whole process is quite frightening and may create confusion.
What are the DUI laws in Los Angeles?
The DUI laws in California are very clear. According the California Vehicle Code Section 23152(a) everyone commits an offense who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not. A conviction may be a life altering experience.
What are the DUI penalties in Los Angeles?
Any person convicted of DUI offense in California, including a refusal to comply offense, automatically faces a driving prohibition applicable throughout the country and either a fine or jail term or both and a likelihood of probation.
The minimum DUI punishments for DUI are:
- For a first offense, 6 month license suspension, three year probation, and up to $1000 fine, installation of ignition interlock device in all the vehicles of the offender for 5 months.
- For a second offense, 24-month license suspension, three year probation, up to one year jail sentence and a $1000 fine, installation of a car breathalyzer for a period of 12 months.
- For a third or subsequent offense, 36-month license suspension, five year probation, one year jail sentence and fine up to $1000, installation of an ignition interlock device for a period of 2 years.
What are the consequences of drinking and driving?
The criminal code sees drunk driving as a serious criminal offense, and the drinking and driving consequences may include:
- Cancellation of license
- Impoundment of vehicle
- Payment of monetary administrative penalty
- Need to attend an education or treatment program
- Imposition of hefty fine
- Ending up with a criminal record
- Spending time in jail
- Installation of an ignition interlock device in the vehicle
- Face probation for a period that may go up to five years
How do you beat a DUI charge?
Based on certain lapses by law enforcing officers and effective legal strategies implemented by your DUI lawyer, you can win a DUI case. By pleading not guilty, you mke sure that the details of the case come before the court. This allows your DUI defense lawyer to pick apart the prosecution’s arguments. The ways of beating a DUI are as follows:
- Challenging the legality of the DUI checkpoint stop.
- Taking Mouth Alcohol as a defense.
- Taking medical defenses such as GERD, Hiatal Hernia and acid reflux.
- Ketosis as a result of Diabetes or Low-Carb diets.
- Citing Title 17 Violations.
- Proving to the court it was simple bad driving and not DUI.
- Taking Radio Frequency Interference as a DUI defense.
- Showing that you were not driving.
- Proving that no mental impairment means, no DUI offense.
- Showing to the court that there was lack of probable cause for a DUI stop.
- Disputing the Suspicion that you were under the influence.
- Questioning the Field Sobriety Tests.
- Challenging the Blood Alcohol Concentration results from breath tests.
- Challenging the results of the blood tests.
- Showing and proving that the arrest at the DUI Checkpoint was illegal.
- Asserting the failure of the officer to read your Miranda Rights.
- Alleging racial profiling or some other misconduct.
- Making a Rising Blood Alcohol Content argument.
- Citing a failure to issue implied consent warning.
How much does a DUI lawyer cost?
If you are wondering what your DUI attorney cost will be, it is important to keep in mind that the cost of defending your case will depend on some factors. First, the number of days the trial requires highly contributes to the final cost. However, you don’t need to worry since a trial lasts only a few days in an impaired driving case. Second, the amount of disclosure in your case , such as the number of witnesses, expert reports, etc., will also matter. Thirdly, the amount of time your lawyer will have to devote to the case is also key. Fourth, the cost will also depend on whether you are hiring a private investigator, a toxicologist or another expert.
How do you get out of a DUI charge?
Getting out of a DUI is the first thing most people think of when they are charged with an impaired driving offense. The charges in a DUI offense are often dropped because of one of two reasons. These are:
- Your lawyer can pinpoint serious and major flaws in the prosecution’s case that make it inappropriate for them to prosecute.
- Given the overall facts of the case, the prosecution agrees to bargain for a plea to a lesser charge relating to careless or wreckless driving instead of going ahead with a criminal DUI.
What are the chances of getting a DUI dismissed?
The chances of getting a DUI dismissed mostly depend on the facts of the case. Every case is unique. Getting a DUI case dismissed is something that can only be assessed by a lawyer after going through the facts of the case. An outstanding and experienced DUI lawyer understands the many ways of getting a DUI case dismissed, but, to do so, your lawyer will first have to assess the facts of the case.
How do you get a DUI dropped?
The Prosecution Attorneys will not drop charges in a DUI case unless and until they have a reason to believe that their case is seriously flawed or that there are some loopholes in it. If the case is flawed it only makes the situation worse. However, it does not mean that you can’t win a DUI case. In case of a DUI offense there is always hope and if you are thinking of how to get a DUI dropped then you are most likely to find a lot of solutions. DUI charges can be dropped only if the prosecution is convinced that their case is flawed and if your lawyer is able to represent you in the best way possible in the court of law.
How often do DUI cases get reduced?
In case you are wondering how often DUI cases get reduced in Los Angeles, the answer is that DUI charges get reduced quite often depending on the strength and validity of the DUI defense strategies used by the DUI lawyer representing the request. Every case is unique and is totally different from the other. However, there are usually various flaws in a DUI case which an experienced lawyer can point out to the prosecution attorney who will then agree to negotiate a plea deal to reduce the charges to a less severe charge. On the other hand, a large number of people do not know the extent that a DUI can be reduced to.
What should I say in court to fight DUI charges?
Unless there are some serious flaws in the case, the prosecution will not drop charges against you, which would mean pleading not guilty and awaiting trial. This would ultimately lead to necessary requirements that you will have to fulfill unless the case is dismissed. In such a situation, only a professional DUI lawyer will know how to get a DUI dropped after properly assessing your case. A reliable lawyer may convince the prosecution attorneys to drop charges or make them agree to a plea bargain of a lesser driving charge instead of a criminal DUI. There are certain ways to convince the prosecution. These are:
- Challenging the legality of the DUI checkpoint stop.
- Citing Title 17 Violations.
- Showing that you were not driving.
- Disputing the Suspicion that you were under the influence.
- Questioning the Field Sobriety Tests.
- Challenging the Blood Alcohol Concentration results from breath tests.
- Challenging the results of the blood tests.
- Asserting the failure of the officer to read your Miranda Rights.
What are the chances of winning a DUI trial?
There are a lot of different ways that you can choose in order to protect yourself from a DUI conviction, and the chances of winning a DUI case depend on the case. Your chances of winning a DUI case or being granted a DUI plea bargain depend a lot on the way your case has been prepared and the way you have been represented in court. Los Angeles DUI lawyer will offer you an experienced DUI attorney with a history of positive results. We strive to make sure that the cases against our clients are dismissed.
How can I get a DUI plea bargain?
A plea bargain is considered before the prosecution attorney presents your case during a hearing. Depending on the facts and circumstances surrounding the case, your lawyer may approach the prosecution attorney for a plea deal. A plea bargain is a negotiated settlement of your case that takes place between your DUI lawyer and the prosecution attorney. The major benefit of a plea bargain is that you will know what your sentence will be prior to you pleading guilty. The prosecution attorney will agree to a plea bargain if they feel that their case is seriously flawed and it is not possible for them to proceed with the case in court. Instead of getting the case dismissed they can charge you with a lesser charge. An experienced DUI lawyer should be able to find ways on how to reduce DUI charges via a plea bargain so that it is not necessary for you to submit to the maximum penalties for your charges.
How do I fight a DUI charge?
The following are the most effective methods which can be effectively utilized in Los Angeles DUI cases.
- Challenging the legality of the DUI checkpoint stop.
- Taking Mouth Alcohol as a defense.
- Taking medical defenses such as GERD, Hiatal Hernia and acid reflux.
- Ketosis as a result of Diabetes or Low-Carb diets.
- Citing Title 17 Violations.
- Proving to the court it was simple bad driving and not DUI.
- Taking Radio Frequency Interference as a DUI defense.
- Showing that you were not driving.
- Proving that no mental impairment means, no DUI offense.
- Showing to the court that there was lack of probable cause for a DUI stop.
- Disputing the Suspicion that you were under the influence.
- Questioning the Field Sobriety Tests.
- Challenging the BAC results from breath test.
- Challenging the Blood Alcohol Concentration results from breath tests.
- Challenging the results of the blood tests.
- Showing and proving that the arrest at the DUI Checkpoint was illegal.
- Asserting the failure of the officer to read your Miranda Rights.
- Alleging racial profiling or some other misconduct.
- Making a Rising Blood Alcohol Content argument.
- Citing a failure to issue implied consent warning.
What is the cost of installing an ignition interlock device?
The average ignition interlock device cost depends on a number of factors. Nevertheless, the overall cost in Los Angeles, CA, can be as little as $2.50 per day. However, some companies may charge an additional $75-$100 for the installation of the device. The device is a deterrent against those driving under the influence and hence the price is also kept within affordable limits. As per the California’s mandatory Ignition Interlock Device pilot program law Vehicle Code 23700 VC, if a person cannot afford the cost of a mandatory Ignition Interlock Device then they will only be required to pay a portion of the costs.
However, the cost of the car interlock will mainly depend on following factors:
- The period for which the device is installed in the vehicle.
- The location and jurisdiction where the conviction has taken place and the orders that have been issued for interlock installation.
- The extra features that you are required to have in the device such as camera, GPS or real-time reporting.
- The year, make, and model of the vehicle that the car interlock will be installed.
Will I need to attend a drinking and driving program?
If you have been convicted under the DUI laws and the California Vehicle Code for impaired driving that may have caused bodily harm or death, you are not eligible for early reinstatement of the licence. In this case, you have to participate in DUI programs at the end of the revocation period to get the licence restored.
The time period for getting a licence is as follows:
- 6 months from the date of sentencing for a 1st offense;
- 24 months for a 2nd offense;
- 36 months for any subsequent offense.
If you are a first-time offender whose driver’s license is suspended or revoked, you may be eligible for a restricted license to permit you to the following:
- Travelling to and from your place of employment
- Only during the course of employment
- Travelling to and from your DUI offender education program
How long will I need an alcohol breathalyzer in my car?
The term of each breathalyzer installation depends on the nature of the offense.
- For a first offense, 6 month license suspension, three year probation, and up to $1000 fine, installation of ignition interlock device in all the vehicles of the offender for 5 months.
- For a second offense, 24-month license suspension, three year probation, up to one year jail sentence and a $1000 fine, installation of a car breathalyzer for a period of 12 months.
- For a third or subsequent offense, 36-month license suspension, five year probation, one year jail sentence and fine up to $1000, installation of an ignition interlock device for a period of 2 years.
What do I do if I am caught drinking alcohol and driving?
Getting in touch with our Los Angeles DUI Lawyer in case you are facing charges or when you are arrested for drinking alcohol and driving in Los Angeles, CA is the best option that you have. Our team of lawyers has the necessary skills and expertise to defend you in court based on technical grounds. Over the years, we have achieved consistent and favorable results on behalf of our clients. Call us today and get more information on our outstanding services.
What is the general DUI arrest process?
A blood sample or a breathalyzer sample when requested by the police official will have to be provided by you. After the tests are done you will be booked and depending on the circumstances and your criminal history, you will be released on bail on a promise to appear in court. The arresting officer will prepare and submit a report to the prosecutor, who will decide on whether to decline to file charges or proceed further and charge you with DUI. If your BAC levels are above the prescribed limit, you will have to face a lot of serious consequences surrounding a DUI offense. Hiring a competent and experienced DUI Lawyer in Los Angeles will ensure that you get represented in court in the most effectual manner and there are no chances for you to face the harsh punishments.
Types Of DUI Charges:
Consequences Of A DUI:
Matthew Cohen
dedicated to your rights
Matthew Cohen is a top-rated defense attorney specializing in DUI and criminal defense cases in Los Angeles and the surrounding areas. He earned his bachelor’s degree from Binghamton University in New York, and his law degree from Pepperdine University in Malibu, California. During his tenure as a DUI defense lawyer, Matthew has represented thousands of defendants, where he has cultivated solid relationships with prosecutors and judges alike. When you hire Matthew Cohen to represent you, he will stand by your side every step of the way and help guide your case to a reasonable resolution as quickly as possible.
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Our initial in-person consultations are absolutely FREE and allow us to discuss your legal matter in a professional manner. The consultation will be a personal meeting with a veteran DUI lawyer, and not an accomplice. This is an extremely stressful time in accused’s life and therefore we do not place any time restrictions on the meeting. Our expertise ranges from a range of different criminal litigation with an extreme focus on impaired driving offenses. When visiting our offices we will take some time to read through your disclosure and evaluate your case. This can take some time but it is very important for us to thoroughly review your criminal matter in an appropriate setting.
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