If you live in California, it is illegal to destroy or conceal evidence. Those arrested for driving under the influence (DUI) in California can receive DUI penalties and be punished in accordance with CA Penal Code 135 – destroying or concealing evidence. If this happens, pursue legal help. Otherwise, you will be punished to the full extent of California law.
At Los Angeles DUI Lawyer, we have decades of combined experience on our team. Trust us to put you in touch with a driving under the influence attorney who can teach you about California Penal Codes and how these apply to your DUI case.
What is Prohibited Under CA Penal Code 135 – Destroying or Hiding Evidence?
Per California Penal Code 135 – destroying or concealing evidence, it is against the law to obliterate or ruin proof. On top of that, you cannot hide evidence from the authorities. Reasons you could be charged in accordance with CA Penal Code 135 include:
- Breaking a breathalyzer that police officers use to test your blood alcohol content (BAC) to keep them from gathering evidence to use in a DUI legal proceeding or investigation
- Swallowing drugs to prevent the police from finding them at the time of a DUI traffic stop
- Deleting messages from your phone after you’ve been notified that a DUI criminal investigation is underway
The Los Angeles DUI Lawyer team has served thousands of clients. We can connect you with a DUI attorney who can explain California Penal Code 135, CA Penal Code 134, and other rules and regulations that may relate to your case.
Penalties if You are Convicted of Destroying or Concealing Evidence in Alignment with CA Penal Code 135
Don’t expect a court to be lenient if you’ve been arrested for violating California Penal Code 135 and driving under the influence. Your driving under the influence lawyer can provide you with insights into CA Penal Code penalties and those you will face if you’re convicted of a DUI.
Generally, a CA Penal Code 135 violation is treated as a misdemeanor, with penalties including a maximum jail sentence of six months and a fine of up to $1,000. It’s also possible that you receive probation in lieu of jail time. Your DUI lawyer can give you information about the criteria affecting probation and whether a plea deal to receive probation instead of jail time is an option.
Although a CA Penal Code 135 conviction typically results in misdemeanor penalties, a DUI can be treated as a felony. If you’re convicted of a felony DUI, the penalties you receive can affect you for the rest of your life. After a DUI arrest, partner with a driving under the influence attorney, as they will describe how you can get your felony DUI dropped to a misdemeanor.
Legal Defenses if You’ve Been Charged Under CA Penal Code 135 for Destroying or Concealing Evidence
Just because someone accuses you of destroying or hiding evidence and driving under the influence doesn’t guarantee that you’ll be convicted. Driving under the influence lawyers will evaluate your case in depth. They will consider various DUI strategies to help you keep your freedom, such as:
No Willful Act
Before a court will convict you of violating CA Penal Code 135, the prosecutor in your case must prove that you intended to destroy or conceal evidence and knew that what you were doing was illegal. If the prosecution can’t prove either of these things beyond a reasonable doubt, they will struggle to show the court that a conviction is warranted.
Items That You Destroyed or Concealed Weren’t Evidence
You can be found guilty of a violation of CA Penal Code 135 if a court finds that you destroyed or concealed evidence. It is the prosecution’s responsibility to prove that any items that you destroyed or hid would have been used as proof.
Meanwhile, your lawyer can poke holes in the prosecution’s case and their claims that these items would have been admissible as evidence.
There Wasn’t an Active Legal Proceeding
Ultimately, you can’t be convicted of destroying or hiding evidence if there wasn’t an active legal proceeding. Your attorney may highlight that you were unaware of a legal proceeding or that one wasn’t happening before the destruction or concealment of proof.
The circumstances of your California Penal Code 135 violation and driving under the influence offense can determine whether you are eligible for a DUI plea bargain. Your attorney will tell you if the prosecution offers a plea deal. At this time, your lawyer will handle your DUI plea deal negotiations, keeping you updated every step of the way.
Ask for Legal Help if You Receive a Charge for Violating California Penal Code 135
Getting arrested for a violation of CA Penal Code 135 and driving under the influence will have far-reaching effects. Let driving under the influence attorneys help you contest both charges before you receive criminal penalties.
Los Angeles DUI Lawyer takes the guesswork out of searching for legal representation. We can help you find a DUI lawyer who will prioritize your legal rights and best interests. This attorney will put you in a great position to get your charges for violating CA Penal Code 135 and DUI reduced or dismissed.
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