California
DUI Attorney
Los Angeles Criminal Defense Lawyer
In
California, being charged with DUI
(driving under the influence) or DWI
(driving while intoxicated) is a criminal
offense. Many motorists have difficulty accepting
the reality that an arrest for drunk driving
comes with severe penalties, including a California criminal
record, stiff fines, loss of driving privileges, increased
insurance rates, and possible jail time. |
DUI
/ DWI – The California Law
DUI charges are made against more than 1.4 million
drivers annually. Last year 35% of all California defendants who
were arrested for DUI kept their driver’s license simply by requesting
a DMV hearing within the allotted time period. If you have been
arrested for driving under the influence of alcohol or
drugs, you owe it to yourself to have a clear understanding
of the California DUI process, be fully prepared, and secure the
best possible outcome for your case. This is most successfully
accomplished with an experienced California DUI attorney, such
as Stephen G. Rodriguez, on your side.
California
DUI Arrest – Two Distinct Cases
When
you are arrested for California DUI there are two distinct
cases that are brought against you - the DMV case and the
criminal case:
(1) DMV Case – A technical
hearing controlled by the California Department of Motor
Vehicles (DMV), the fate of your driving privileges will
be determined. Many motorists charged with DUI don’t realize
that this DMV hearing must be scheduled within 10 days after
arrest; otherwise, the defendant’s California driver’s license
will be revoked 30 days following the arrest date. Trying
to represent yourself is not recommended as most defendants
will lose due to their inability to conduct a hearing.
Unlike California criminal court, the DMV hearing is very
informal and run by a Driver Safety Office (DSO) Hearing
Officer, instead of a lawyer or a judge. Although the standard
of proof is much lower than in criminal court, the chances
of a person winning without an experienced California criminal
defense attorney are not very good. Additionally, the California
DMV personnel will sometimes discourage individuals from
seeking a hearing, telling them they “cannot win”.
Mr.
Rodriguez will clarify the proceedings involved in your
California DMV hearing, including the confusing documentation
and misleading statements which lead the defendant to believe
that it is his or her responsibility to prove that the suspension
is not justified. When Mr. Rodriguez handles your
case, you will see that the responsibility rests with the
DMV to prove that the suspension is justified!
Additionally, Mr. Rodriguez will fully prepare you to testify
in front of the hearing officer as part of your DUI defense.
(2)
Criminal Case – Following the DMV
hearing, the California criminal proceeding begins. Depending
on the facts surrounding your California DUI arrest, you
risk facing jail time, fines, rehabilitation, driver
education school, community service (live-in or out-patient),
CALTrans (physical labor), having your vehicle
impounded, law enforcement’s installation of an ignition
interlock device on your vehicle, or any combination
of the above. Penalties for California drunk driving or
DUI charges can increase if one or more of these circumstances
applies to you:
- Having
a prior DUI conviction within the last ten (10) years
- At
the time of the DUI arrest:
* Speeding or driving
recklessly
* Driving with a child
under the age of 14
* Having an excessive
(over .20%) blood alcohol content (BAC)
* Refusing any chemical
test, such as breath, blood, or urine
The
best possible sentence you can expect from a California
DUI charge will result from having a qualified DUI attorney.
From alternative sentences to sentence reductions, the uncovering
of the weaknesses in your case, and various strategies geared
toward challenging the prosecution, you can’t go wrong when
a solid, aggressive California criminal defense lawyer is
fighting your battles.
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California
DUI Penalties: Why You Need a Good Lawyer!
Depending on how many times you have been charged
or arrested for driving under the influence will impact your final
sentence.
(1)
First DUI Offense – Misdemeanor Charge |
-
With fines, penalty assessments, and courts costs ranging
from $1,400 to $2,000 and an average license suspension
of 6 months, first time DUI offenders carry the lightest
sentences.
- Factors
that influence the penalties include the absence of chemical
testing (either by refusal or unavailability) and whether
or not probation is granted.
-
Jail time can range from 48 hours to six months with varying
treatment options.
- 3
to 6 month alcohol education class required.
|
(2)
Second DUI Offense – Misdemeanor Charge |
-
Fines stay in the same general area but license suspension
increases to 2 years while jail time ranges from 96 hours
to one year.
- In
certain cases your vehicle can be impounded for up to
30 days.
- Alcohol
program ranges from 18 to 30 months.
- Possibility
of law enforcement’s installment of ignition interlocking
device (IID) on any vehicle you drive.
|
(3) Third DUI Offense
– Misdemeanor Charge |
-
Jail time increases from 120 day minimum to one year;
license suspension can be as long as 3 years.
- The
amount of fines stays consistent with lesser DUI offenses
while treatment options may be necessary for license reinstatement.
- Alcohol
program and IID (ignition interlocking device) same as
second DUI offense
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(4)
Fourth DUI Offense – Felony Charge
|
- As
the number of DUI offenses increase so does the jail time;
a four-time DUI offender faces either from 9 months to
a maximum of one year in county jail or three years in
state prison.
- Fines
do not increase but license revocation equals four years.
- Approved
treatment programs equal 30 months while vehicle impounding
for 90 days is not unlikely.
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The
variation in the DUI penalties will range depending upon many factors
surrounding your DUI charge. The importance of securing a skilled
DUI attorney, such as Stephen G. Rodriguez, cannot be underestimated.
Mr. Rodriguez knows exactly what the prosecution must prove in your
DUI case, including the appropriateness and technical aspects of
your BAC (blood alcohol content) and other chemical tests. Additionally,
Stephen G. Rodriguez has assisted hundreds of clients with alternative
sentences and penalty reductions.
Please
contact our office for a free, confidential consultation.
Law
Offices of Stephen G. Rodriguez
633
West 5th Street
26th Floor
Los Angeles, California 90071
1(213) 223-2173
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