We believe that getting help from an experienced DUI attorney is the best way to fight your DUI case. DUI lawyers do more than just defend your case: they are your advocate and your counsellor, the person who protects you in a hostile legal system.
Your DUI attorney will:
- Help you understand the specific charges you face and any “enhancements” or aggravating factors in your case
- Represent you at your DMV hearing to potentially keep your drivers license
- Navigate the criminal proceedings against you and build your defense
- Represent you at trial if necessary
In many cases, a lawyer can get a DUI reduced to a lesser charge, negotiate a sentence with no jail time, help you keep your license, or even win your case outright.
Understanding Your DUI Charges & Penalties
California has two different basic DUI laws, and you can be charged with either or both of them:
- Driving with a blood alcohol concentration (BAC) of .08% or higher
- Driving under the influence of alcohol or drugs, regardless of BAC
If you refused to take a blood test, breath test or urine test after your arrest, you will also be charged with refusing the test. This charge means that you face a much longer license suspension from the DMV.
There are other, separate offenses that you can be charged with if your DUI involved an accident, especially if anyone was injured or lost their life. Many of these offenses are felonies or can be charges as felonies. And California has a variety of enhancements where you can face tougher DUI penalties depending on the circumstances of your arrest.
Your DUI lawyer can help you understand the specific charges you face. They will be able to explain to you which penalties are on the table in your DUI case, and what factors could affect those penalties.
How does a DUI lawyer help at the DMV hearing?
In California, you must request a hearing from the DMV within 10 days of your arrest or you will have your license suspended. Your lawyer can:
- File the hearing request for you
- Have the license suspension stayed until the hearing takes place
- Subpoena breath test device records to challenge the accuracy of the breath test result
- Defend you at the DMV hearing
- Summon witnesses to appear at the hearing
- Use the hearing as a chance not only to protect your license, but also to find hole in police testimony when the officer is called as a witness. This can help your criminal case as well.
How does a DUI lawyer help in the criminal case against me?
The court process can takes weeks or months. Your lawyer will use that time to:
- Perform a detailed review of the police report and other documents about your arrest
- Independently re-test your blood test sample, if any, to challenge the results
- Subpoena footage from MVARS (dash cam)
- File motions to challenge the evidence against you, potentially excluding it from the case
- Use pre-trial motions to find evidence of police misconduct
- Negotiate with the prosecutor and potentially reduce the charge to a lesser crime
- If needed, move to dismiss the case against you if the evidence is weak enough
How does a DUI lawyer help in my trial?
Many DUI cases never go to trial and your lawyer will seek to resolve yours in your favor with no trial needed. However, if a trial is necessary, your DUI lawyer can:
- Move to suppress irrelevant evidence or flawed evidence that the prosecutor plans to introduce
- Help vet jury selection so jurors are unbiased or even sympathetic to you
- Cross examine witnesses and expose weaknesses or irregularities in their claims
- Use expert testimony to challenge the validity of blood tests, breath tests, and other key evidence
Can I win my DUI case?
No lawyer can promise you a victory. A good DUI lawyer helps maximize your chances by bringing years of learning and experience to your case. Often, they have defended similar cases to yours in the past and won.
Have you been charged with DUI? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Fill out the form to the right or call (310) 896-2724 and get your free consultation today.