California’s police officers want to do everything in their power to keep Anaheim’s roads as safe as possible. Unfortunately, that dedication to public safety can lead officers to overzealously arrest someone they suspect of driving under the influence. Should you find yourself facing wrongful misdemeanor DUI charges, Anaheim lawyers can help you protect your rights.
Los Angeles DUI Lawyer has connected Anaheim DUI lawyers with clients in need for over 19 years. We want to make sure everyone in need of legal support has the opportunity to work with an attorney who will prioritize their best interests. If you’re ready to connect with a criminal defense attorney, you can contact our team today.
When Can You Face Misdemeanor DUI Charges in Anaheim?
The state of California can level accusations of driving under the influence (DUI) against a driver if the state can reasonably assume that the driver in question has a blood alcohol level above the legal limit while behind the wheel of a moving car.
Residents can also face accusations of DUIs if the state assumes that they’re using other controlled substances, like illegal drugs, before driving.
However, while parties accused of a misdemeanor DUI are still charged with breaking the law, they should not have caused harm to other people to merit a misdemeanor charge. Most first-time offenders, drivers who don’t have a criminal record or who cause an incident without aggravating factors will face these reduced charges.
What Factors Go Into a Misdemeanor DUI Charge?
The factors that specifically determine whether or not California police can charge someone with a misdemeanor DUI include the following:
- A driver’s blood alcohol concentration (BAC) as determined by breath tests or blood tests
- Obviously impaired behavior, including the slurring of words, unstable footing, and inattention behind the wheel
- Statements made during a police stop
- The results of a field sobriety test
California’s implied consent laws ensure that every driver on the road has already consented to participate in field sobriety tests, breath tests, and blood tests. While you can refuse a breath test, doing so will see you automatically face a license suspension and increased penalties if you’re convicted of a DUI.
When Should You Contact an Anaheim Misdemeanor DUI Lawyer?
If you’re facing accusations of driving under the influence of a controlled substance, it’s in your best interest to have an attorney speak to police officers on your behalf. We recommend that you get in touch with an Anaheim misdemeanor DUI lawyer as soon as you can after your arrest.
Police officers should respect your right to a phone call and do not have the legal right to press you to say anything until your lawyer arrives on the scene. If police officers attempt to manipulate you or violate your Miranda rights, make note of those violations and share information about them with an attorney as soon as yours arrives.
What’s the Difference Between a Misdemeanor and Felony DUI Charge?
A misdemeanor DUI charge is less severe than a felony DUI charge, but that doesn’t mean the accusations that come with it aren’t serious. You’ll usually receive a misdemeanor DUI charge if you don’t have an existing criminal record or if you’ve never been accused of a DUI before.
Likewise, parties accused of DUIs usually don’t cause serious accidents or injure anyone before police officers pull them over. The state will often declare that while the accused allegedly had a BAC that exceeded the legal limit, they did not engage in dangerous or reckless behaviors.
Comparatively, someone facing a felony DUI charge may be accused not only of driving with an elevated BAC but also of causing serious injuries or deaths. Some parties accused of felony DUIs may also have had children in the car when they were arrested, or they may have a considerable criminal history.
Should You Challenge a Misdemeanor DUI Charge?
It is always in your best interest to challenge DUI charges, even if you feel like a misdemeanor isn’t as severe of a charge as it could be. An unchallenged misdemeanor DUI charge can have a considerable negative impact on your life, as these charges can result in the suspension of your driving privileges, professional driving license, and license to practice in certain industries.
The specific consequences that come with a misdemeanor DUI conviction will vary based on your circumstances, but they most often include the following:
- Mandatory participation in alcohol education programs
- Community service
- Jail time of up to one year, most often served in a county jail
- A license suspension of up to a year
- Thousands of dollars in fines
If you do not challenge a misdemeanor charge, your conviction makes a permanent home on your criminal record. If you’re arrested again, the consequences for any crimes you allegedly commit may be more severe because you have an existing criminal history. In other words, your first conviction isn’t harmless – it can have a concrete impact on your future.
Misdemeanor DUI Charges Can Have a Concrete Impact On Your Everyday Life
The consequences of an unchallenged misdemeanor DUI can also resonate in your everyday life. If you plead guilty or otherwise accept the charges brought against you, you may face job loss or an inability to make it to and from work every day, especially if the DMV suspends your license.
Likewise, if you’re currently a student or interested in going to college, certain universities in California and other states may refer to your criminal history when deciding whether or not they want you in their student body. Unfortunately, misdemeanor DUI charges can prevent you from getting into nursing school, medical school, and law school.
DUI convictions can also have a negative impact on your personal relationships. Fines and jail time can put stress on your romantic relationships and even compromise your right to see your children if you’re working with a custody arrangement.
Misdemeanor DUI Charges Can Negatively Impact Your Insurance Premiums
Unfortunately, insurance companies do not want to make your life easier after you have a DUI on your record. Insurance companies almost always increase the premiums you have to pay for coverage after a DUI conviction, no matter whether it’s a misdemeanor or felony conviction.
If you don’t already have coverage, a misdemeanor DUI may make it difficult, if not impossible, to convince an insurance company to accept you as a client. Without insurance, you cannot legally drive on California’s interstates – and if you do, you may face additional legal consequences.
Can an Anaheim Misdemeanor DUI Lawyer Help You Build a Defense Against DUI Charges?
Experienced Anaheim misdemeanor DUI attorneys can help you build a defense against accusations of a DUI. The sooner you connect with an experienced team, the faster you can call the state’s evidence into question.
The attorneys in our network can help you establish a defense based on your specific circumstances, ensuring you receive the individualized legal care you need. Some of the defenses that an attorney can use on your behalf may include the following:
- Questioning the validity of field sobriety tests: Field sobriety tests are not as objective as police officers would like the state to believe. When challenging the state’s accusations, a lawyer can argue that arresting officers conducted their tests inappropriately. Our partnered attorneys can use video evidence, photos, and professional statements to better make your case.
- Calling chemical tests into question: Like field sobriety tests, chemical tests are prone to error. Your attorney can question the condition of a test’s results and cite inappropriate test handling.
- Challenging the legality and bias of a traffic stop: Unfortunately, California police officers are as prone to bias as the average citizen. If you believe police officers pulled you over out of racial, gendered, or other types of biases, an attorney can cite those legal violations and argue for a court to throw out your case.
All of these efforts allow you to bring the evidence the state intends to bring against you into question. If you can prove reasonable doubt, it will be harder for the state to revoke your license, charge you with fines, or sentence you to extended imprisonment. Los Angeles DUI Lawyer can connect you with a representative today to discuss your best defense.
Can You Appeal a Misdemeanor DUI Conviction in Anaheim?
If California’s criminal courts convict you of a DUI, you may have the right to appeal the court’s findings. However, you do not automatically receive the right to appeal after a conviction. You have an obligation to prove that you have legal grounds to appeal, whether you’re challenging a misdemeanor or a felony conviction.
You can work with an experienced attorney to file an appeals petition with California’s appellate court. There, you can present new evidence to the court and argue that your conviction requires a new assessment with your findings in mind. You can also use your petition to argue that a previous attorney or public defender did not offer you the legal support you deserved.
Some of the best forms of evidence you can use to appeal a misdemeanor DUI conviction include the following:
- Evidence of juror misconduct, suggesting that jurors received inappropriate information about your arrest.
- Ineffective assistance of counsel, suggesting that your previous attorney arrived unprepared to tackle your case or provided you with inappropriate legal advice, thereby compromising your defense.
- Legal errors, or instances where a court allowed revoked statements or illegally-obtained evidence to have a direct impact on your conviction.
- Prosecutorial misconduct, or instances where the prosecutor obscured evidence that more accurately represented the facts of your case, including instances of police bias or evidence challenging the validity of BAC tests.
If you think you may have the right to appeal a recent misdemeanor DUI conviction, you can work with Los Angeles DUI Lawyer to contact an Anaheim, CA, misdemeanor DUI lawyer and ask for new representation.
Will You Have to Go to a DMV Hearing If You’re Arrested For a Misdemeanor DUI?
Unfortunately, you have to undergo multiple legal proceedings if you want to protect your rights after you’re accused of a misdemeanor DUI. California’s DMV has the right to suspend the license of anyone accused of a DUI, even before you’ve gone to trial. This practice, called administrative suspension, can last for up to a year.
If you want to challenge your administrative suspension, you need to request a DMV hearing within 10 days of your arrest. You cannot miss this deadline if you want to challenge your suspension. If you do, the DMV may proceed with your license revocation and make you go through a more complicated process to restore your right to drive.
Attending a DMV hearing allows you to directly challenge the evidence accusing you of a DUI. We recommend making these accusations with an Anaheim, CA, misdemeanor DUI attorney on your side.
Lawyers can help you argue for a restricted license instead of a full suspension. An attorney’s support can even restore your right to drive in its entirety.
Let Us Connect You With an Anaheim Misdemeanor DUI Lawyer Today
Are you facing accusations of driving under the influence? It’s in your best interest to fight back against misdemeanor DUI charges in Anaheim. Challenging the charges brought against you can preserve your right to drive and keep you from having to pay significant fines – or spend a considerable amount of time in jail.
If you want to fight back against wrongful DUI charges, you need an experienced attorney in your corner. Fortunately, Los Angeles DUI Lawyer can connect you with experienced attorneys who know the ins and outs of California’s criminal system. Our connections can fight for your right to have the charges brought against you reduced or dropped.
Are you ready to speak with an attorney who has your best interests at heart? You can contact Los Angeles DUI Lawyer today to forge your first connection with a private criminal defense attorney.