Lakewood Misdemeanor DUI Lawyer

Most DUIs in California are charged as misdemeanor crimes. However, even a misdemeanor crime can carry negative consequences that can follow you for years after conviction. A misdemeanor DUI can result in jail time, civil fines, license suspensions, and other penalties. 

If you are currently facing a misdemeanor DUI charge, a Lakewood DUI lawyer can defend your rights and explore dismissing or reducing your charges. It may be possible to resolve a misdemeanor DUI charge with minimal penalties, but you need a legal professional to advocate for you. 

Contact Los Angeles DUI Attorney today to learn more about how a Lakewood misdemeanor DUI lawyer can help. 

DUIs are Typically Punished as Misdemeanors in Lakewood

California will usually treat DUIs as a misdemeanor if it’s less than the third DUI conviction in ten years and doesn’t cause injury or death. The exact punishment for a misdemeanor DUI depends on whether it’s your first, second, or third offense:

• First offense. Up to six months in jail, $1,000 fine, six-month license suspension
• Second offense. 90 days to one year in county jail, $1,000 fine, two-year license suspension
• Third offense. 120 days to one year in county jail, $1,000 fine, 3-year license suspension

Any DUI offense can also result in the mandatory installation of an ignition interlock device (IID) and mandatory DUI school. In addition to these penalties, a misdemeanor DUI can affect employment, and offenders will have to pay higher auto insurance rates. 

Enhanced Penalties for Misdemeanor DUIs

California laws also outline enhanced penalties for specific aggravating circumstances:

• BAC level of 0.15% or higher
• Minor under 14 present in the vehicle
• Refusing to submit to chemical testing

Enhanced penalties can include mandatory/enhanced prison sentences and license suspensions.

Administrative Hearing After Misdemeanor DUI

Being arrested for a DUI will usually trigger an automatic license revocation. You have ten days from your arrest to request an administrative hearing with the DMV to challenge your suspension. If you fail to request one within ten days, you lose your right to have one. 

During a hearing, a DUI lawyer can represent you and argue against your suspension. Although not a formal trial, a lawyer can present evidence and examine witnesses to make their case. A lawyer can also help you appeal any adverse judgments to preserve driving privileges. 

Defenses Against Misdemeanor DUI Charges 

The penalties for misdemeanor DUIs are on the lesser side, but that doesn’t mean the prosecution won’t vigorously pursue a conviction. Below are some possible defenses a Lakewood misdemeanor DUI lawyer can use to defend you from drunk driving charges:

You Weren’t Driving

California’s DUI laws require the prosecution to prove that you were actually driving the vehicle while intoxicated. It’s not enough that you were sitting in the driver’s seat or had the keys on you—prosecutors must demonstrate you intentionally caused the car to move. An attorney can argue you weren’t driving and so aren’t guilty of a crime. 

Disputing the Accuracy of Evidence

Police rely on field sobriety tests and chemical breathalyzer tests to determine whether someone is driving drunk. However, these tests are not always accurate. Field sobriety tests rely on subjective judgments from the responding officer. 

Chemical tests might give false positives if evidence is contaminated or errors are made during testing. By challenging the accuracy of evidence, your attorney can cast doubt on the prosecution’s case. 

Illegal Stop and Arrest

Police must have reasonable suspicion to pull vehicles over for drunk driving. They must also follow proper procedure when arresting offenders and processing evidence. If the police performed an illegal stop or violated your rights during the arrest, your attorney can petition to suppress evidence or dismiss the case. 

Can I Expunge a Misdemeanor DUI in Lakewood? 

If you have been convicted of a misdemeanor DUI in Lakewood, you may be able to have the conviction expunged from your record. An expungement updates the record to show the case was dismissed after completion of probation.

A misdemeanor DUI can be expunged if you meet the following criteria:

• Complete sentence. You must first complete your criminal sentence, including any jail time, probation, and mandatory educational programs. 
• No subsequent offenses. You must not have any subsequent DUI or related offenses on your record. 

There is no waiting period for expungement in California, and you can request one as soon as you complete the terms of your sentence. By expunging a misdemeanor DUI, you can improve your employment opportunities.

We Can Connect You With a Misdemeanor DUI Lawyer Serving Lakewood

A misdemeanor DUI might not seem like a serious matter, but a conviction can impact virtually every part of your life and independence. If you are facing a misdemeanor charge for driving drunk, your best option is to work with a DUI lawyer to defend your rights and interests. Your liberties may hang in the balance, so you shouldn’t leave things to chance. 

Contact Los Angeles DUI Attorney online or reach out by phone today, and we can connect you with a Lakewood misdemeanor lawyer.