If you have recently been charged with driving under the influence (DUI), you must start thinking about how you are going to clear your name of these allegations. Although you might have thought drunk driving was a seemingly minor offense, the state of California takes these charges seriously.
The consequences of a conviction can impact every aspect of your life. If you hope to avoid some of the more severe penalties of a guilty verdict, you must act now. Reach out to Los Angeles DUI Attorney to find an aggressive Bel Air DUI lawyer who can offer legal representation and protect you from a serious conviction.
How a Bel Air DUI Lawyer Can Handle Your Charges
If you have been charged with a drunk driving offense, your criminal defense lawyer will need to carefully analyze the details of your case and determine the best DUI defense strategy for your unique situation.
A DUI attorney from Bel Air will begin by scrutinizing whether the police stop was lawful. The police must have probable cause to pull you over and search your vehicle or person. If they do not have probable cause or act unlawfully, the case against you could be tossed out before it even begins.
Your criminal defense attorney may also review whether the breathalyzer or blood alcohol content test results are accurate, whether lab officials made mistakes, or whether there is sufficient evidence to proceed with your case. Your attorney may be able to file a motion to get your case dropped based on this evidence or lack thereof.
A Lawyer Can Help You Consider a Pretrial Diversion Program
A pretrial diversion program can allow you to avoid going to court. You may be eligible for a pretrial diversion program if the district attorney is willing to work with you. To benefit from such a program, you may need to complete one or more of the following steps:
- Attend counseling
- Complete community service
- Pay court fines
Depending on your alcohol-related driving offense, there may be other requirements that need to be met. Once you complete these terms, the prosecutor agrees to dismiss the case against you or reduce your charges. Failure to fulfill these requirements means the prosecuting attorney has the authority to move forward with your criminal case.
A skilled DUI attorney from Bel Air can review the details of your unique case and determine if a diversion program is right for you.
When You Can Be Charged with a DUI in Bel Air
To be accused of a criminal DUI offense under California Vehicle Code 23152, the prosecutor will need to be able to show that you were in control of a motor vehicle and under the influence of drugs or alcohol at the same time.
Police will attempt to prove you are intoxicated or impaired by having you participate in a field sobriety test or blow into a breathalyzer. The state of California has implied consent laws, so you must agree to chemical blood alcohol testing. If you do not, your driver’s license will be suspended for at least one year, even if you are ultimately acquitted of the DUI in question.
If your blood alcohol concentration (BAC) levels are at .08% or more, you can expect to be charged with a DUI. Your Bel Air DUI attorney will then work diligently to review the evidence and determine whether these charges can be reduced to a lesser offense or if they need to defend you at trial.
DUIs Can Be Charged at the Misdemeanor or Felony Level
Bel Air DUIs are wobbler offenses. You can be charged with a misdemeanor or a felony DUI at the prosecutor’s discretion. If mitigating factors are present, you could face misdemeanor charges. However, if there are aggravating factors, you will likely face felony-level DUI charges. Your Bel Air DUI attorney can explain how these conditions apply to your case.
A reputable law firm can offer further information on the following types of criminal charges:
Misdemeanor DUI
Misdemeanor DUIs are the lesser offense. You can generally be charged with a misdemeanor DUI if this is your first time being accused of drunk driving. However, second and third DUI offenses could also be charged at the misdemeanor level as long as no aggravating factors are present.
Felony DUI
Once you have been charged with your fourth DUI, you will likely face felony charges. However, suppose you are a first-time offender and cause significant property damages or cause someone to suffer serious bodily injury or death due to your intoxication. In that case, you could be charged at the felony level.
Felony DUI convictions tend to carry harsher penalties than misdemeanor offenses. For this reason, you must take action to prepare a robust defense to combat felony charges.
Penalties for DUI Convictions
A DUI conviction comes with consequences that are much more serious than a typical traffic violation or even a reckless driving offense. These punishments vary considerably based on whether you were charged with a misdemeanor or felony DUI, your criminal background, and whether another party was injured or killed.
Generally, potential penalties for a DUI conviction include the following:
- Attendance at DUI school
- Fines of up to $10,000
- Jail time in a county jail or California state prison
- License suspension or revocation
- Community service
- Summary or formal probation
- A mark on your driving record
Your Entire Life Could Change After a Conviction
Once you have fulfilled the terms of your DUI sentence after a conviction, your case can continue to haunt you. You will likely be placed on probation and will need to meet specific terms, including passing drug tests, meeting with your probation officer, finding a job, and staying out of trouble.
However, you could also:
- Lose your firearm rights
- Be disqualified for federal student aid
- Lose your job
- Lose your professional license
- Be required to install an ignition interlock device on your vehicle
- Be ordered to attend rehabilitation therapy
- Lose your voting rights
Meet With a Dedicated DUI Lawyer in Bel Air for Help Today
Anyone previously convicted of a DUI understands how severe the consequences can be. If you hope to get back to your life and avoid some of the harsher effects of a guilty verdict, you must get help defending yourself. An attorney with extensive experience can offer the legal services you need to protect your permanent record, driving privileges, and your future.
Get in touch with a reputable Bel Air DUI lawyer to learn more about which defenses could be the best fit for your case. Contact Los Angeles DUI Attorney today to learn more about the benefits of hiring a skilled representative and get started building your legal defense.