DUI Refusal And Administrative Hearing In Los Angeles
The Serious Consequences of DUI in California and How a DUI Attorney can Help You
Driving under the influence (DUI) in California can have severe repercussions for accused drivers. It refers to the act of operating a motor vehicle while your blood alcohol content (BAC) is 0.8% or higher. DUI may result in significant penalties that include paying hefty fines, losing driving privileges, and even serving jail time. If an accident occurred, causing the death of a pedestrian, driver, or passenger over the age of sixteen, you will be subjected to a field sobriety test. Upon refusal of the test, you may face immediate suspension of your license and be taken into custody. If you have been accused of DUI, a Los Angeles DUI attorney will defend you and protect your legal rights.
The Sobriety Test: What It Involves
Upon being pulled over by law enforcement officers, they perform various mental and eye examinations to assess if you are under the influence of drugs or alcohol. The Horizontal Gaze Nystagmus Test is the most common eye examination. It involves tracking an object with your eyes, and if they bounce, officers will suspect DUI. This is often accompanied by walking in a straight line or reciting the alphabet backward.
For the One Leg test, the officer instructs you to balance on one leg for nine seconds to determine if you can manage to stay upright. The Rhomberg Test involves leaning back with your head tilted for thirty seconds. Drunk drivers often lose balance during this test. If you are suspected of drunk driving, an officer may ask you to blow into a breathalyzer or submit to a blood test.
What Happens When You Refuse a Sobriety Test?
Upon refusal to take the sobriety test, you subject yourself to various sanctions by the law. If you are arrested, the officer may immediately confiscate your license during booking and issue an Order of Suspension of up to thirty days. The period of suspension depends on the experience and expertise of the California DUI attorney that you choose to defend you. Factors that may work against you include whether you are a first-time DUI offender and refused a field sobriety test.
The Administrative Process After your DUI Charge
Upon release from custody, the officer will serve you with a summons and inform you that you are required to attend court. The hearing may occur up to two months after your arrest. Contacting a legal professional immediately after your accusation may prevent waiving your DMV suspension rights. The law gives you only ten days to request an administrative hearing with the DMV to contest license suspension.
A DUI attorney has the expertise to defend you at your administrative hearing, negotiate with the court, interact with law enforcement, and keep you out of jail. Your attorney will collect evidence, write motions, and act quickly to protect your driving privileges. Furthermore, they will guide you on how to manage driving record points and prepare you for the hearing. This could assist in having the motion to suspend your license thrown out of court. Call a DUI attorney in California today for immediate assistance.
Table of Penalties for DUI in California
Punishments | For normal cases | For severe cases |
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Fine | Up to $2000 | Up to $5000 |
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Imprisonment | Up to six months | Up to 10 years or more |
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License Suspension | 4 months to 1 years | Up to 3 years or more |
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Even Number Year’s License Plate Restriction | None | Up to 10 years or more |
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Odd Number Year’s License Plate Restriction | None | Up to 10 years or more |
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Community Service | 48 hours to 6 months | Up to 18 months |
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Understanding the Penalties for DUI in California
Driving under the influence (DUI) is a serious offense in California that comes with various punishments depending on the severity of the infraction. If your blood alcohol content (BAC) is 0.8% or higher, you may be at risk of paying hefty fines, losing your driving privileges, or even serving jail time. Todd Spodek has successfully represented many people accused of DUI, helping them avoid or reduce the charges brought against them.
The Table of Penalties for DUI in California outlines fines, imprisonment, license suspension, even- and odd-numbered year License Plate Restrictions, and community service sanctions associated with DUI in the state. For normal cases, you may face fines of up to $2,000, imprisonment of up to six months, and license suspension of four months to a year. However, severe cases may result in fines of up to $5,000, imprisonment of up to ten years or more, and license suspension of up to three years or more.
Todd Spodek is an experienced DUI attorney who will help you understand the charges you face, the potential outcomes, and the applicable penalties. Contact Todd Spodek today to schedule a consultation and win your case.
Don’t Waive Your Rights When Arrested for DUI in California
If you find yourself under arrest for DUI, contact Todd Spodek immediately. DUI accusations can be damaging, leading to severe punishments such as hefty fines, imprisonment, and loss of driving privileges. California law requires the accused to request an administrative DMV review to contest license suspension within ten days. By contacting Todd Spodek, you protect your rights and benefit from his expertise in dealing with driving under the influence cases in California.
Todd Spodek has a deep understanding of California DUI laws, administrative license revocation hearings, and other aspects of DUI cases that may impact your experience. Todd Spodek will investigate and build your case, working to minimize charges and reduce penalties. Remember, you have a right to legal representation when accused of DUI. With Todd Spodek’s extensive court experience, he will defend you and help you retain your driving privileges. Schedule a consultation with Todd Spodek today and let him fight for you.
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