Our law firm understands the anxieties and fears one feels after being arrested for a drunk driving offense. The first step to putting the ordeal behind you is contacting our office right away! We will aggressively represent you to ensure the best possible resolution for your case.
I got a DUI – now what?
When you are arrested for a DUI, you are being charged with violating Vehicle Code § 23152(a) and 23152(b).
The “a” count refers to whether you were too impaired to drive, and that can be proven through factors such as your driving, your performance on field sobriety tests, your conduct and speech when dealing with the police, etc.
The “b” count is proven by whether your blood alcohol content was .08% or more based off your blood, breath and / or urine test.
Both of these charges are subject to error by the police and the prosecution – so it is imperative you hire an attorney to thoroughly investigate if both these charges can be established in court and at the Department of Motor Vehicles. If you are charged with violating Vehicle Code § 23152 you will be faced with fighting in two separate arenas, both of which our office will handle for you! We leave no stone unturned when fighting for our clients!
The Court
You will be given a court date upon your arrest and release. The police will then submit your case to the appropriate prosecutorial agency (the Los Angeles District Attorney, City Attorney, etc.) for filing. Our office will not only attend the court hearings for you, but will aggressively contest the prosecution’s evidence to ensure your case is resolved in the best way possible, whether that be through a dismissal, reduction of the charge, or a not guilty verdict.
The Department of Motor Vehicles
Unfortunately, your DUI arrest means you also have awoken the much feared DMV – and they will be looking to suspend your driving privileges as a result of that arrest. You only have 10 days to demand a hearing to contest the suspension of your driving privileges from the date of your arrest. If you fail to request a hearing within 10 days of your arrest, your license will be suspended. Do not hesitate in contacting our office right away to ensure your license and driving privileges are protected!
Penalties
A conviction for a DUI is generally a misdemeanor, unless an injury is involved or it is a fourth DUI conviction, and can carry a range of penalties. The penalties will depend on your history, and the facts surrounding your arrest.
A conviction for first offense DUI in California normally triggers these penalties:
- 3 to 5 years of informal probation (typically three years)
- DUI school ranging from 3 month to 9 months (depending on your BAC, the incident, and your history)
- A fine of $390 – $1,000 plus penalty assessments
- A 6-month license suspension, with the possibility of a restricted license after 30 days
- A short jail sentence (up to 6 months in custody), cal trans / labor, community service, additional alcohol classes (MADD, Hospital and Morgue Program) or work release
On the other hand, the DMV is strictly looking at whether your driving privileges should be suspended or revoked. Both the DMV and court operate independently of each other so winning in one arena does not mean you are out of the woods in the other. Given the complexities of DUI law, it is important to hire an attorney you can trust!
This process can be daunting to anyone – and our attorneys know how to make the process stress free so you can rest assured knowing your interests are being protected inside and outside the courtroom!
Our office will aggressively litigate your case and present mitigating information on your behalf to ensure your case is resolved in the best way possible to protect your freedom, liberty, driving privileges and wallet!
Contact our office today for a free consultation so that we can formulate a strategy to ensure that your case is resolved in the best way possible – we are here to fight for you!