It’s possible for a person to live a good life and make an honest mistake. All it takes is one moment of poor judgment when drinking. Getting behind the wheel of a vehicle after having too much to drink has serious consequences. It is common for people to be pulled over and not realize they’ve had too much to drink. They will now deal with a charge of driving under the influence (DUI). The smart move is to discuss the situation with an attorney. An innocent mistake when dealing with the criminal justice system can impact a person’s life for many years. An experienced attorney will know how to deal with a person’s DUI circumstance, protect their rights and more.
Once a person in Los Angeles is arrested for DUI, they will be taken to a place for a blood or breath test to determine their blood alcohol concentration (BAC). The results of a breath test are known immediately. Blood samples will be taken to a laboratory for analysis; the results will be known within several days. If the results of a breath test show a BAC of 0.08 percent or higher; the person will be charged with DUI. If the results of the breath test are under the BAC limit, they may be required to take a urine test. If a person refuses to do this, they will be charged with DUI and have a refusal charge. This charge could result in a person spending a mandatory two days in county jail as well as having their driver’s license suspended for a period of twelve months.
After being arrested and charged with DUI, the law enforcement officer who is responsible for the arrest will complete the arrest report. This is then submitted to the local prosecuting agency. The report is then carefully read by a prosecutor who could decline to file charges, or formally charge a person with committing DUI. Being charged with DUI is when it is very important to discuss the situation with an attorney before doing anything.
California DMV Hearing
Shortly after a person is arrested for DUI in California; they will be notified their driver’s license will be suspended for thirty (30) days. The person’s driver’s license will be confiscated, and they’ll be given a temporary one to use until their suspension goes into effect. The confiscated driver’s license is sent to the California DMV for an official suspension. When this happens, a person can request a DMV hearing within ten days. This will delay a suspension until the result of the hearing is determined. It is possible for a person to have an attorney represent them at this hearing. It could be conducted in person or over the phone. Should a person win at the hearing, their driver’s license won’t be suspended. If they lose, the suspension will immediately go into effect.
Penalties for misdemeanor convictions could involve up to $2,600 in fines and more. A person could also be incarcerated for up to six months. Their vehicle could be impounded for 30 days at their expense. A person could be required to have an interlock device installed on their vehicle. They could be required to complete an alcohol treatment plan at their cost. A person could also lose their license for up to 30 days or longer.
The first part of criminal court proceedings in a California DUI case is the arraignment. This is when a person who is charged with DUI will enter a plea of guilty or not guilty and get a prosecutor’s offer. This is the sentence a prosecutor believes is fair and recommends the person charged with a DUI receive. A person will receive the punishment recommended by the prosecutor if they plead guilty. Their case will then be closed. It is also possible for a person to plead not guilty at their arraignment. To get the best possible result at an arraignment, it is important to have an attorney review the evidence and challenge it. This includes challenging the access to record maintenance for chemical testing as well as the police report and more. It is also possible for sentencing negotiations with a prosecutor to take place during an arraignment.
A successful arraignment could provide an attorney with the opportunity to carefully examine all the available evidence and develop an effective legal strategy. They will attempt to negotiate on behalf of their client for the best possible outcome. An experienced attorney will know how to illustrate the flaws in the prosecution’s case against their client. This often results in the prosecutor becoming less confident in their case and more willing to reduce charges and try to avoid a trial.