If you have been arrested for DUI, it is understandable if you are worried about your future. Penalties in California can be severe, even if you’re charged with a misdemeanor, and even if it is your first offense. You’re facing potential jail time, fines, and a license suspension.
It seems like a hopeless situation, but there is help available. A knowledgeable Palmdale misdemeanor DUI lawyer can review your case and seek solutions that can reduce the effects of your charges on your life. You don’t have to handle your DUI case on your own.
Los Angeles DUI Lawyer has helped thousands of people get the legal assistance they need. Call today, and we can connect you with a Palmdale DUI lawyer who can assist you with your DUI misdemeanor case.
What Does a DUI Lawyer Do?
Unless you have a legal background, it is difficult to go up against a skilled prosecutor with the strength of the government behind them. A DUI lawyer will work on your behalf to protect your rights, minimize penalties, and help you achieve the best possible outcome in your case.
Some of the ways your Palmdale misdemeanor DUI attorney might help you include:
Explains Your Legal Options
Your DUI lawyer will explain your charges, potential penalties, and legal options so you can make the best possible decisions. They will help you understand the DUI process and what to expect at each stage.
Thoroughly Review Your Case
Your attorney will investigate the facts of your arrest and review evidence such as police reports, breathalyzer or blood test results, and dash or body camera footage. They will look for legal weaknesses in the prosecution’s case in order to build a strong defense.
Challenges Evidence
Your attorney will seek potential ways to get important pieces of evidence thrown out. They may question the accuracy of BAC tests, investigate whether the officer followed proper procedures, or bring in expert witnesses to dispute test results.
Represents You In Court
Your attorney will represent you in all court appearances, including arraignments, pretrial hearings, and a trial if necessary. They can negotiate with prosecutors to potentially reduce charges or penalties.
Negotiates Plea Deals or Alternative Sentencing
Your DUI lawyer in Palmdale may negotiate a plea deal for a lesser charge, such as wet reckless. They can seek reduced charges or alternatives to jail time, such as DUI school, community service, or electronic monitoring.
What Is a Misdemeanor DUI in California?
In California, a misdemeanor DUI involves operating a vehicle while impaired by alcohol or drugs, or having a blood alcohol concentration of 0.08% or higher. These violations are covered under California Vehicle Codes § 23152.
A DUI may be classified as a misdemeanor if it is your first, second, or third offense within ten years, there are no injuries or deaths, you have no prior felony DUI convictions, and there are no aggravating factors.
Penalties for a Misdemeanor DUI in California
While less serious than a felony DUI, a misdemeanor carries severe consequences. The penalties can vary depending on the number of prior offenses and the specific circumstances of the arrest. Typical penalties for a first-offense misdemeanor DUI include:
- Fines: Up to $1,000, plus additional fees.
- Jail Time: Up to 6 months in county jail; however, as a first-time offender, you have a chance at probation or alternative sentencing.
- License Suspension: Six months, with the possibility of a restricted license or the installation of an ignition interlock device.
- Probation: Typically 3 to 5 years of informal probation, which often includes requirements such as avoiding additional arrests and completing DUI classes.
- DUI School: Mandatory attendance at a DUI education program, which you must pay for yourself
The impact of a misdemeanor DUI goes beyond legal penalties. In California, a conviction stays on your driving record for 10 years and permanently on your criminal record unless expunged. This can influence job prospects, car insurance rates, and professional licenses.
Aggravating Factors
Certain circumstances can increase your penalties for a misdemeanor DUI. These are known as aggravating factors and can include:
- High blood alcohol content results
- Refusal to submit to chemical testing
- Reckless driving or speeding
- A child under 14 in the car
- An accident, even if no one is injured
While your DUI may still be classified as a misdemeanor, judges often impose stricter sentencing in such cases. Your DUI can be elevated to a felony charge if it is your fourth DUI in 10 years, you have a prior felony DUI, or you caused an accident involving injury or death.
Get in Touch With a Palmdale Misdemeanor DUI Attorney
It might seem like you should just take your lumps and accept it if you have been arrested for DUI in California. After all, even if you believe the police acted inappropriately, it’s your word against theirs. It can feel like there is no possible way out, but that’s not necessarily true.
The right Palmdale misdemeanor DUI attorney can make a difference in your case. A skilled lawyer knows how to protect your rights, ensure you are treated fairly by the court, and look for mistakes or omissions in the prosecution’s case that can benefit you.
Call today, and we can connect you with the legal help you need.
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