Driving under the influence (DUI) charges may seem cut and dry, but there are actually many nuances that could have a profound impact on the outcome of your case. If your Los Angeles DUI attorney discovers that law enforcement officials failed to properly calibrate the breathalyzer, improperly handled evidence, or violated your constitutional rights, you may have a powerful defense strategy on your hands. Those that do not may benefit from enrolling in a pretrial diversion program.
However, not everyone will qualify for pretrial diversion, so you may need to consult your distinguished Bassett DUI lawyer to find out which legal options are best suited for your case. Our team is available 24/7 and has a history of taking on some of the toughest legal battles across the state.
Contact us today request your 100% free consultation today to learn more about what to expect from the criminal process when you are arrested for drunk driving and how you can avoid some of the harsh penalties that come with a conviction.
Your DUI Charges May Be More Serious Than You Thought
Once your chemical blood alcohol concentration (BAC) levels reach or exceed 0.08%, you can be charged with a DUI. Both first-time and habitual offenders can face serious criminal charges and collateral consequences and should consider the seven best ways to prepare for your DUI case. Here are some of the most common penalties associated with DUI convictions in Bassett:
Jail Time and Fines
The amount of time you can expect to spend in jail or prison varies depending on how many DUI convictions you have on your record. As a first-time offender, you are unlikely to spend more than six months in jail. However, the same cannot be said for habitual offenders:
- A second DUI can land in jail for up to one year.
- A third DUI can leave you in jail for a minimum of 120 days.
- Four or more DUIs could result in felony-level prosecution and up to three years in prison.
License Suspension
Expect your driver’s license to be suspended if you are convicted of drunk driving or your BAC test shows your levels were at 0.01% or higher if you are under the age of 21. First-time offenders can expect their driver’s licenses to be suspended for a minimum of one year. However, three or more offenses within 10 years could result in a three-year loss of driving privileges.
You will need to pay a $125 re-issuing fee when it is time to get your license back. You will also need to provide the California Department of Motor Vehicles (DMV) with proof of financial responsibility, also known as SR-22. Your Los Angeles DUI attorney will explain that you must meet these requirements if you hope to get your driving privileges reinstated.
Ignition Interlock Device
Not all DUI cases require the installation of an ignition interlock device (IID). However, if anyone was seriously injured or if you were convicted of a DUI or a DUI involving drugs, an IID may be required. When the device is installed in your vehicle, you will need to provide a breath sample for the engine to start.
If any amount of alcohol is detected, the IID will prevent the vehicle from starting. Under California Vehicle Code 23247(e), violating your IID restrictions is considered a misdemeanor. Your driving privileges could be revoked, and you could be ordered to pay fines and spend additional time in jail.
Probation Restrictions
Most individuals convicted of drunk driving or marijuana DUI may be placed on probation. You could spend up to five years on probation, depending on the circumstances of your case. While on probation, you will need to follow specific terms, including:
- Curfew restrictions
- Regular meetings with your probation officer
- Random drug or alcohol testing
- Not be charged with additional criminal offenses
- Complete a drunk driving program
- Complete community service hours
- Avoid individuals who have DUIs or other criminal convictions on their record
- Pay all court-ordered fines and restitution
Do Not Consent to a Field Sobriety Test
Among the four best ways to fight and beat your California DUI case, you should also never consent to a field sobriety test. While you are assumed to have given your implied consent to chemical BAC testing as described under California Vehicle Code 23612, there is no such requirement for field sobriety testing. If you refuse a field sobriety test, expect law enforcement officials to request a breathalyzer or other form of chemical testing.
Consider Requesting Pretrial Diversion
When you are facing charges for drunk driving, if this is your first offense, you and your Bassett DUI attorney may want to consider working out a plea with the district attorney. You do not necessarily need to plead guilty, either. You may be able to enroll in pretrial diversion and avoid a trial entirely.
If you enroll in pretrial diversion there will be specific requirements you need to meet as described under California Penal Code 1000. For instance, you may be required to participate in community service, pay court fines, submit to random alcohol or drug testing, or attend a drug or alcohol treatment program. Once you fulfill the program requirements, the prosecutor will dismiss the DUI charges against you.
However, if you fail to meet the program terms, the charges against you will not be dismissed. Instead, the district attorney will proceed with the original DUI charges. Generally, only first-time, nonviolent offenders will be eligible for pretrial diversion.
Trust in a Respected DUI Lawyer in Bassett to Clear Your Name
We understand how overwhelmed you must be thinking about how your drunk driving case could play out. However, when you have a highly experienced DUI attorney in Bassett working for you, you do not need to feel as though the weight of the world is on your shoulders.
When you are ready to get a premier Los Angeles DUI attorney on your side, do not hesitate. We can connect you with a lawyer for confidential and free consultations. Call or complete our secured contact form to claim yours.