If you have been arrested and are facing driving under the influence (DUI) charges, it is imperative that you take the allegations against you seriously. Although drunk driving may not rise to the severity of a crime like murder, the consequences of a conviction could be devastating and have a profound impact on your future.
Fortunately, with the dedication and representation of a top-rated Del Aire DUI lawyer, you have a chance to clear your name of the charges against you or secure another favorable outcome.
Your Los Angeles DUI attorney has over 20 years of legal experience and insight into how the district attorney handles drunk driving charges. Schedule your confidential consultation today and learn more about the elements of a DUI offense, the possible consequences you may face if convicted, and potential defenses that could help you dodge a conviction.
When You Can Be Arrested for Drunk Driving in Del Aire
Many people assume you can only be charged with drunk driving if your blood alcohol concentration (BAC) levels reach or exceed 0.08%. While this is true, under the DUI statute, California Vehicle Code 23152 (b), there are several instances in which DUI charges may apply. Of course, if law enforcement officials determine your BAC levels reach or exceed 0.08%, DUI charges will likely follow.
However, anytime you are impaired and unable to operate a vehicle safely, you can face DUI charges. For example, if you take prescription medication that prevents you from being able to drive safely, and you get behind the wheel anyway, police could charge you with a DUI. You can also face drunk driving charges even if your BAC levels are under the 0.08% limit.
If you are in control of a vehicle at any time, even if you are not actively driving, DUI charges may be appropriate. If you are an underage driver, meaning you are under the age of 21, and you have any amount of alcohol in your system, you could be charged with underage DUI according to California Vehicle Code 23136. If you hold a commercial driver’s license (CDL), DUI charges could apply anytime your BAC levels reach or exceed 0.04%.
How Arraignment Works
After being taken into police custody and arrested, you will be booked. From there, you will either be released or held until your arraignment. During the arrangement, you will have an opportunity to submit your plea.
You can plead “guilty,” “not guilty,” or “no contest.” Your plea will determine what happens next. If you plead not guilty, a future trial date will be set. However, if you plead guilty or no contest, the judge will either schedule a sentencing hearing or sentence on the spot.
During arraignment, you will also find out whether you will be granted bail. Most people charged with drunk driving will have the opportunity to be released on bail. If bail is granted, you or someone willing to advocate for you must pay the bail bond to secure your release.
What Happens if You Are Found Guilty of a DUI
Whether this is your first DUI offense in California or you are a habitual DUI offender, the consequences you face could be severe. According to the Superior Court of Alameda, as a first-time offender, you could spend up to six months in jail, pay fines of up to $1,000, and be required to install an ignition interlock device (IID) for a minimum of six months. Your driver’s license will also likely be suspended for a minimum of one year.
With multiple DUI convictions comes enhanced penalties. Someone convicted of a fourth DUI offense in California or a felony DUI resulting in an injury could pay fines up to $5,000 and spend as much as 16 years in jail or prison. They could also be required to complete up to 30 months of DUI school.
Drivers with a DUI conviction on their record will also need to obtain SR-22 insurance coverage. This is specialized insurance coverage designed for risky drivers. This will dramatically increase the amount you are required to pay in auto insurance coverage.
You Could Avoid an Embarrassing Trial With Pretrial Diversion
Pretrial diversion may be your best option if you hope to avoid going to trial. Having a DUI conviction on your record could be devastating for your career, especially if you work in certain industries, such as healthcare or education. By working with your Del Aire DUI attorney to enroll in pretrial diversion, the prosecutor agrees to dismiss the charges against you once you complete the terms of the pretrial diversion program, which might include:
- Paying court fees or restitution
- Completing a drug or alcohol treatment program
- Installing an ignition interlock device
- Attending mental health counseling
- Completing group therapy
- Attending regular meetings with a probation officer
- Finding a job and safe housing
- Staying away from other people who have DUI convictions on their records
- Attending a drunk driving program
- Completing community service hours
These are only a few of the possible terms that could be included as part of your pretrial diversion program. Typically, only first-time, nonviolent offenders will be eligible. If you are unsure whether you qualify, do not hesitate to contact a DUI lawyer to discuss your potential defense options further.
Meet With a Distinguished DUI Attorney in Del Aire for Help Today
Whether you are still sitting on the side of the road, pulled over, and waiting for police to ask you to blow into a breathalyzer, or have already been arrested and are waiting for your arraignment, it is crucial that you get a criminal defense lawyer working for you as soon as possible.
While you have the right to work with a public defender, if you can afford to hire a private DUI lawyer in Del Aire to build your DUI strategies, it is almost always in your best interest to do so. Los Angeles DUI Attorney will connect you with a team that has the experience, resources, and ability to give your defense the attention it deserves.
When the stakes are this high, you need to feel confident in your legal representative. Consider all possible options before committing to one particular defense strategy. Complete our secured contact form or call the office to schedule your confidential consultation and challenge the DUI charges against you.
