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DUI in Los Angeles: What You Need to Know
Driving under the influence (DUI) is a serious criminal offense in Los Angeles. The prosecution must prove three things beyond a reasonable doubt to convict you:
– You were operating a motor vehicle.
– You were under the influence of alcohol or drugs while operating the vehicle.
– Your blood alcohol content was .08 or higher when you operated the motor vehicle.
If you are stopped for suspected DUI, it is essential to determine if there was probable cause for the stop. Probable cause includes speeding, failure to signal, or technical equipment violations, such as a burned-out tail light.
Even if your BAC is less than .08, law enforcement can charge you with a DUI if there are signs you were driving under the influence. A first time DUI charge is usually a misdemeanor. However, California law allows for sentencing enhancements for certain aggravating factors.
First Time DUI Sentencing
If convicted of DUI in California, you will face mandatory penalties that include a six-month suspension of your driver’s license, three to nine months of mandatory alcohol counseling and education, and three to five years of probation. The maximum fine is $2,000.
If the court finds that you were operating a vehicle with a BAC above .15 percent, or if you refuse to take a chemical test, additional penalties may apply. A first-time DUI conviction will also appear in any background checks and dramatically increase your car insurance rates.
Aggravating Factors
Aggravating factors in DUI cases can result in more severe sentencing. Judges can consider factors such as:
– Refusing a breath test
– Being involved in an accident or causing injuries in an accident
– Driving at high speeds
– Transporting children under 14 while intoxicated
– Defendants under 21 years old at the time of the offense
Felony DUI
A driver who is determined to have a BAC above .08 and causes an accident resulting in personal injury can be charged with a felony DUI. In California, a felony DUI conviction can carry up to 10 years in prison with additional enhanced sentencing provisions.
Alternative sentencing is available for some convicted of felony DUI. After a DUI arrest, it is vital to contact an attorney for a free consultation and case evaluation. DUI charges have many defenses, and an experienced DUI attorney may be able to get your charges dismissed or reduced.
Protect Your Rights, Future and Reputation
If you are stopped for DUI in LA, do not submit to field sobriety tests or breath tests with portable devices. And remember, the law does not require you to submit to those tests. Refuse to admit you have consumed alcohol, but remain polite. Your stop may be recorded or video taped.
Our recommendation for first-time DUI charges is to refuse breath testing at the station as well. Invoke your rights and hire an attorney to protect your rights and reputation. If you have been arrested for DUI, call us right away to start defending yourself.
The potential penalties for DUI in Los Angeles vary depending on the severity of the offense and any aggravating factors present at the time of the arrest. If convicted of driving under the influence, drivers face a range of mandatory and discretionary punishments that include:
| Punishment | Description |
|---|---|
| Jail Time | A first-time DUI offense can result in up to six months of jail time. |
| Driver’s License Suspension | Driver’s licenses are typically suspended for six months following a DUI conviction. |
| Ignition Interlock Device (IID) | IID may be required for up to one year following DUI conviction. |
| Fines | Convicted drivers can face fines up to $2,000. |
| Alcohol Education Programs | Attendance of DUI classes and counseling. |
| Probation | Probation is typically three to five years following a DUI conviction. |
| Community Service | Convicted drivers will have to participate in community service for 10 to 30 days. |
| Felony Conviction | A driver with a BAC above .08 percent who causes an injury can be charged with a felony DUI. Penalties can include multiple years in prison and additional enhanced sentencing provisions. |
Some aggravating factors can increase the severity of DUI charges and potential penalties. Aggravating factors in a DUI case can include:
| Aggravating Factor | Explanation |
|---|---|
| Prior DUI Convictions | A person with previous DUI convictions will face harsher sentencing under California law. |
| BAC Above .15 Percent | If your BAC is above .15 percent, you can face increased penalties, even for a first-time DUI charge. |
| Child Endangerment | If children under 14 were present in the vehicle at the time of the DUI arrest, additional charges will result. |
| Breath Test Refusal | If you refuse a breath test at the time of your arrest, you will face additional penalties upon conviction. |
| Accident with Injury | Drivers who cause an accident resulting in personal injury or death will face additional criminal and civil penalties. |
If you have been arrested for a DUI in Los Angeles, it is possible to defend yourself against these charges. Possible defenses include:
Contact an experienced DUI attorney in Los Angeles to begin building your defense today.
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- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS