Being charged with a DUI can have a lasting effect on your life. A mistake should not define the rest of your life. A DUI Lawyer in La Crescenta-Montrose will protect your rights and fight for your future.
Our platform has been connecting clients with the right DUI lawyer for over 19 years. We understand that you are going through a difficult time, and your future might hang in the balance, which is why we want to make sure you get the legal support you need.
Charges Handled by DUI Lawyers in La Crescenta-Montrose
Experienced attorneys can assist you with the charges that arise after a DUI arrest. Depending on your specific situation, an attorney can help with charges such as:
- Driving under the influence of alcohol
- Underage DUI with a BAC of 0.05 or higher
- DUI involving a commercial vehicle
- Consuming alcohol in a vehicle
If the police test your blood alcohol content (BAC) and claim you were over the legal limit before driving, a lawyer can provide valuable support. Your La Crescenta-Montrose DUI attorney may help you avoid harsh penalties like prison time, fines, and other serious consequences.
How Does California Law Define DUI?
California law defines DUI as operating a vehicle while impaired by alcohol, drugs, or a combination of both. Under California Vehicle Code 23152, it is illegal to drive with a BAC of 0.08% or higher.
For commercial drivers, the legal limit is 0.04%, and for drivers under 21, it is 0.01%. A DUI can also be charged if a driver is unable to operate a vehicle safely due to the influence of drugs, including prescription or over-the-counter medications.
DUI Is a Criminal Offense
In California, DUI is classified as a criminal offense, which means it carries legal consequences that can affect a person’s criminal record. Depending on the details of the case, it could be charged as a misdemeanor or a felony.
Misdemeanor
In California, a DUI is typically charged as a misdemeanor for first-time offenders or cases without aggravating circumstances. This applies when a driver’s BAC exceeds the legal limit of 0.08%, but the incident does not involve causing injury or death.
Additionally, the driver must have no prior DUI convictions within the past 10 years and must not have been driving with a minor in the vehicle at the time of the offense.
Felony
In California, a DUI can be charged as a felony under certain conditions. It becomes a felony if the driver has three or more prior DUI convictions within the last 10 years or if they have a previous felony DUI conviction on their record.
Additionally, a DUI is charged as a felony if it results in an accident that causes serious injury or death to another person. In cases involving injury, the charge is considered a “wobbler,” meaning it can be filed as either a misdemeanor or felony, depending on the severity of the injuries and the specific circumstances of the case.
Penalties for a DUI Charge in California
The penalties for a DUI charge in California can vary depending on factors like prior offenses and whether the DUI involved aggravating circumstances.
The standard penalties for a DUI in California are:
- First DUI (no injuries): Jail time ranging from three days to six months, significant fines, a license suspension for at least four months, and mandatory DUI education classes for three months.
- Second DUI (no injuries): Jail time ranging from four days to one year, significant fines, a license suspension for two years, and mandatory DUI education classes for 18 to 30 months.
- Third DUI (no injuries): Jail time ranging from six months to one year, significant fines, a license suspension for three years, and mandatory DUI education classes for 30 months.
For repeat offenders or DUIs that result in injury or death, penalties become more severe. These can include longer license suspensions, larger fines, extended DUI education, longer probation, and potential prison sentences. Additionally, a DUI conviction can increase insurance rates and affect your criminal record.
La Crescenta-Montrose DUI Attorneys Build Strong Defense Strategies
With a deep understanding of California’s DUI laws and the complexities of DUI cases, a local attorney will protect your interests. Your lawyer will offer personalized legal support to guide you through the process and fight to secure the best possible outcome.
Challenge Blood or Breath Tests
For breath tests, the lawyer may investigate whether the officer properly maintained, calibrated, or used the device. They can also check for factors that might have influenced the test results, such as medical conditions or improper handling of the test.
In the case of blood tests, the lawyer may look into whether the sample was collected, stored, and processed according to legal standards. If there were any errors in the testing process, the lawyer may argue that the results should not be used as evidence in your case.
Examine the Arrest Process
A DUI attorney in La Crescenta-Montrose will review whether the arresting officer followed proper procedures, such as having a valid reason for stopping you and informing you of your rights. The lawyer will also check if the officer conducted field sobriety tests or breathalyzer tests correctly and whether there were any mistakes in how they were administered.
If any part of the arrest process was mishandled or violated your rights, the lawyer can use this information to challenge the evidence against you, potentially leading to a reduction or dismissal of the charges.
Plea Bargain
Instead of going to trial, a plea bargain allows the defendant to plead guilty to a lesser charge or receive reduced penalties in exchange for avoiding a full trial.
The lawyer will review the evidence, assess the strength of the case, and negotiate with the prosecutor to reach an agreement that benefits you. This could mean a lighter sentence, such as reduced fines, shorter license suspension, or less jail time.
Call a La Crescenta-Montrose DUI Lawyer Today
If you are facing criminal charges for impaired driving, an experienced criminal defense attorney can review your case and identify key details that could help improve your situation. Don’t lose hope before consulting a legal professional who understands DUI cases and knows how to defend you effectively.
Los Angeles DUI Lawyer can connect you with skilled DUI attorneys who can work on securing a plea deal or may even be able to have the charges dismissed. To connect with a DUI defense firm, call us today or complete our online contact form. We’re here to guide you through this challenging time. Reach out now for a free consultation.