You face a misdemeanor driving under the influence (DUI) charge and are unsure about what to do about it. The charge seems minor, and you are tempted not to do anything to contest it.
Ultimately, it is beneficial to meet with a Long Beach misdemeanor DUI lawyer, as they can help you dispute your charge before it leads to serious legal consequences down the line.
Discuss your misdemeanor driving under the influence charge with a Los Angeles DUI lawyer. Your attorney can answer any questions you have about your charge’s short- and long-term consequences. We can help you schedule a consultation with a DUI lawyer serving Long Beach.
What is a Misdemeanor DUI?
A misdemeanor offense is less serious than a felony crime. With a misdemeanor, the penalties you face are less harsh than those of a felony. Here are the criteria that must be met for a driving under the influence charge to be classified as a misdemeanor:
- It is your first, second, or third DUI offense within the last 10 years.
- No one got hurt.
- You have no previous felony DUI convictions.
A Long Beach misdemeanor DUI attorney can review your charge in depth. They can explain whether a misdemeanor DUI charge shows up on a background check and how a conviction can affect you now and in the future.
What are the Differences Between Misdemeanor and Felony DUIs?
If you are arrested for driving under the influence for the first, second, or third time, you can receive a misdemeanor charge. The penalties associated with your charge are minimal in comparison to those of a felony.
A misdemeanor DUI lawyer serving Long Beach can provide insights into record cleaning for misdemeanors and how you could have a conviction dismissed.
Alternatively, a felony is defined in accordance with California Code, Pen 17. You face a felony charge for driving under the influence if you have been convicted at least three times prior within 10 years. You can also receive a felony charge if your actions result in a serious injury or death.
The ramifications of a felony DUI conviction are significant in contrast to those of a misdemeanor. Your lawyer can share details about the penalties associated with your charge. They can describe instances where a felony DUI could be dropped to a misdemeanor.
Long Beach Misdemeanor DUI Penalties
A misdemeanor DUI attorney serving Long Beach can teach you about the criminal penalties associated with a driving under the influence offense. They can offer insights into what California DUI penalties to expect if you are convicted. Penalties that the court could levy against you include:
Jail Time
You could be sentenced to up to one year in jail. For a second-offense DUI, you face a minimum of 96 hours in jail. If you are convicted of a DUI for a third time, there is a minimum jail sentence of 120 days.
Fines
With a first-time conviction of driving under the influence, you can be fined anywhere from $390 to $1,000. Fines increase based on the number of times you are convicted. The maximum fine you can receive for a second conviction is $2,000, and this amount goes up to $3,000 the third time you are convicted.
Probation
If you are convicted of a misdemeanor DUI for the first time, you could be subject to three to five years of probation. Any future DUI convictions could represent a violation of your probation. Thus, a second DUI conviction could lead to a revocation of your probation, and you can be ordered to complete a jail sentence instead.
Installation of an Ignition Interlock Device (IID) in Your Car
The court could require you to place an IID in your car if you have been convicted of multiple DUIs. This device may have to stay in your vehicle for up to four years. A Long Beach misdemeanor offense lawyer can share information about how much it costs to install an interlock ignition device in your car and other relevant details with you.
Suspension of Your Driver’s License
As soon as you are arrested for driving under the influence, your driver’s license will be suspended for four months. If convicted, the suspension can last even longer.
You have the right to appeal your driver’s license suspension with the California Department of Motor Vehicles (DMV) within 10 days of the date you are charged for a DUI.
In addition to these penalties, a misdemeanor DUI conviction can change the way people look at you and impact your relationships with family members and friends.
Thankfully, you have the opportunity to fight back. A DUI lawyer can help you build a legal strategy that may prompt the court to dismiss your case.
Long Beach Misdemeanor DUI Legal Strategies
Your lawyer considers DUI strategies specific to your case. They work with you to develop a legal defense to help make it clear to the court that you should not be punished. Legal strategies your attorney could utilize include:
Arguing Against Your Preliminary Alcohol Screening (PAS) Breath Test Results
Police officers conduct a PAS breath test, which indicates that your blood alcohol concentration (BAC) is at or above the legal limit of 0.08%. Regardless, the police may have made mistakes when administering your test, and the results could be inaccurate. Your lawyer will look for any testing discrepancies that could raise concerns about whether the results are actually valid.
Showing That You Were in a State of Ketosis at the Time of Your DUI Breath Test
If you are dealing with diabetes or follow a low-carb diet, your body could have been in a state of “ketosis” when the police pulled you over for a DUI. If this was the case and the police administered a DUI breath test, the assessment could return a false positive. A Long Beach misdemeanor offense attorney could provide evidence to validate this point.
Proving That You Were Not Driving Your Car
With your DUI charge, the police say you were driving under the influence of drugs or alcohol. Yet, when police officers saw you sitting in your car’s driver’s seat, the vehicle was parked, and you were not driving. In this scenario, your lawyer could argue that you were not driving your car and, as such, should not face DUI penalties.
Explaining that You did not Receive Your Miranda Rights
In between the time when the police arrest and question you, they are required to read your Miranda rights. If you did not receive your Miranda warning, the information you provided during police questioning may not be used against you. Therefore, the prosecution may be forced to suppress key evidence, which could make it difficult to argue their case.
Illustrating that there was No Probable Cause
The police must have a legitimate concern that compels them to stop your car. If police officers do not have cause for pulling you over, you may not be punished for a misdemeanor DUI.
Your lawyer can explain how there was no probable cause for your initial traffic stop, which may convince the court that the prosecution’s case against you is invalid.
How your misdemeanor offense DUI lawyer serving Long Beach will approach your case depends on the facts surrounding it. No matter what legal strategy is used, your attorney prioritizes your best interests. They focus on helping you throughout your litigation and make sure that your legal rights are protected at each stage.
Tips to Help You with Your Misdemeanor DUI Case
Give your misdemeanor driving under the influence case the attention it deserves. Choosing not to do so creates an opportunity for the prosecution to prepare an argument that resonates with the court and results in a conviction. A misdemeanor offense DUI attorney serving Long Beach can provide legal tips to help you during your litigation, including:
Be Open and Honest with Your Attorney
Your lawyer wants you to receive comprehensive legal support. If you have legal concerns or questions at any point, share them with your lawyer. Next, your attorney can address them and help you make informed legal decisions.
Do not Discuss Your Case with Law Enforcement
Avoid publishing content online about your case or discussing it with anyone other than your lawyer. If someone reaches out to you about your case, let your attorney know. Your lawyer can handle your legal matters and keep you updated regarding all case communications.
Review the Police Report
Request a copy of the police report that details your arrest. Your lawyer can explain the process for how to get a DUI police report in California. Keep an eye out for any report discrepancies between what you experienced and the arresting police officer’s observations.
Collect Evidence
Witness statements, dashcam footage, and medical records are three pieces of evidence that you can use to support your argument. Your lawyer will search far and wide for proof. They can evaluate evidence with you and consider how it could impact your case.
What you do now can have major implications for the prosecution. If the prosecutor in your case is worried about your argument, they could propose a plea bargain. Your lawyer can describe how DUI plea bargains work and instances where it could be beneficial to accept one.
What You Need to Know About a Misdemeanor DUI Plea Deal
A plea bargain requires you to accept a lesser charge in exchange for not having to go to trial. Your lawyer can provide details about how a plea agreement could help you avoid jail time. Plea deals offered in misdemeanor driving under the influence cases include:
Wet Reckless
With a wet reckless plea deal, you agree to a reckless driving charge in which alcohol or drugs were present. By accepting this plea deal, you could receive reduced penalties versus the ones associated with a DUI. At the same time, you do not have to worry about the stigma often linked to a DUI conviction.
Dry Reckless
A dry reckless plea deal involves accepting a reckless driving charge. The agreement may be worthwhile if it allows you to forgo jail time. On top of that, the deal may allow you to keep your driver’s license.
Open Container
The police find an open container of alcohol in your car, and they arrest you for driving under the influence. Your lawyer could negotiate an open container plea agreement that allows you to have your charge dropped to a traffic violation. If this occurs, you may only have to pay a minimal fine.
If you receive any of these or another type of plea deal, your lawyer can examine the proposal with you. Your attorney can advise you on a plea agreement, and you have the final say on whether to proceed with it. If you approve a plea bargain, you could move on from your DUI with little to no damage to your reputation.
Partner with a Long Beach Misdemeanor DUI Lawyer Who Understands the Complexities of California’s Laws
California’s misdemeanor DUI laws can be complicated to the point where you are ready to accept a driving under the influence conviction. Before you do, ask a DUI lawyer for legal support and guidance. They can help you find ways to disprove a prosecutor’s case.
Los Angeles DUI Lawyer can connect you with an attorney who has many years of legal experience. Your attorney will allocate substantial time and resources to your misdemeanor driving under the influence case. Let us help you contact a DUI attorney today.