Have you recently been charged with driving under the influence (DUI), and are you concerned about the impact a conviction will have on your life? If so, you are not alone. It is essential to take the allegations against you seriously and figure out how to approach your defense strategy best.
With help from a dedicated Reseda DUI lawyer, you can avoid some of the more significant consequences of a guilty verdict. Contact our team for a confidential case evaluation today and learn more about what is next for your DUI case in Reseda.
What to Do After a DUI in Reseda
After you have been stopped for a DUI, it is crucial to remain silent. Even though you may think you can avoid arrest by talking with police, anything you say to law enforcement can be used against you if your case goes to court.
For this reason, you must inform law enforcement that you will be exercising your right to remain silent. Then, after you are taken in and booked in a Los Angeles county jail, reach out to your DUI lawyer in Reseda, CA, so you can prearrange bail and start working on your defense.
California Implied Consent Laws
Many believe they can avoid being charged with or convicted of a DUI if they refuse to consent to a breathalyzer or field sobriety test. Although you are under no legal obligation to consent to a field sobriety test, technically, you must agree to a breathalyzer or other chemical testing under California’s implied consent laws.
Although you can refuse a chemical test that will measure your blood alcohol concentration (BAC) levels, doing so will result in an automatic one-year license suspension. This is true even if you are ultimately acquitted of the DUI charges against you or the charges have been dismissed.
What to Expect from Your Drunk Driving Charges
There are many misconceptions about drunk driving charges. For example, you may be under the impression that you can only be charged with a DUI if your BAC levels reach .08% or more.
However, this is not the case. As long as you are intoxicated to the point where you are not capable of operating a motor vehicle the way someone sober would be able to, you can be charged with drunk driving.
Misdemeanor DUI
DUI charges in California are considered a wobbler offense. Misdemeanor DUI charges might be applicable if your blood alcohol concentration levels were at .08% but less than .15%.
You could also face misdemeanor-level DUI charges if you did not cause severe bodily injury or death or are a first-time offender. Misdemeanor DUI convictions often carry lesser penalties than felony DUI convictions.
Felony DUI
You can expect to face felony-level DUI charges if your BAC levels reach .15% or more. You could also be charged at the felony level if anyone was seriously injured or killed or if you are considered a habitual DUI offender.
Your DUI attorney in Reseda, CA, will work diligently to reduce your felony-level DUI charges to a misdemeanor wherever possible so that you can avoid some of the harsher penalties of a conviction.
Criminal Consequences of a Reseda DUI Conviction
The criminal penalties you will face if you are found guilty of drunk driving are often far more significant than you might have thought. The extent of your sentencing will be based on whether you were charged at the misdemeanor or felony level.
However, in both cases, you could expect to:
- Face incarceration in a California state prison or county jail
- Pay restitution to any victims in your case
- Pay court fines
- Complete DUI school
- Have your driver’s license suspended
- Be ordered to install an ignition interlock device in your vehicle
How a Guilty DUI Verdict Will Affect the Rest of Your Life
Even if you are not intimidated by the criminal penalties of a DUI conviction, you may find yourself devastated by the collateral consequences. Your Reseda DUI attorney will be working to clear your name of the drunk driving charges against you so you can protect your future.
Suppose you have a DUI on your record. In that case, you will likely be passed over for job opportunities, may find it challenging to find affordable housing, and find your personal and professional reputations destroyed. Other collateral consequences include:
- Temporary loss of voting rights
- Loss of firearm rights
- Issues with child custody or visitation
- Risk of deportation or loss of your green card
- Suspension of your professional license
Defending Yourself Against Criminal Charges
A DUI lawyer at our firm can help you figure out how to defend yourself when your case goes to court. Your attorney could work with the prosecutor to get you into a pretrial diversion program so you can avoid going to court altogether.
You might be required to fulfill some specific terms, such as regular drug testing, completing an alcohol rehabilitation program, or meeting with court officials regularly. If you fulfill the terms of your program, the state will drop the charges against you or reduce them to a lesser offense.
But if you fail to fulfill the terms of your program, they will likely move forward with your DUI case at trial. Here are some of the top defenses you could utilize in court, depending on the specific details of your case:
Unlawful Stop
Any stop where police believe you have committed a criminal offense or traffic infraction is considered lawful. Police must have probable cause to pull you over. Otherwise, the stop is unlawful.
For instance, if police notice that you are swerving, failing to hold your lane, speeding, or even have a broken taillight out, they can stop you. Police do not have the right to stop someone based on their skin color, national origin, or because they have a hunch a driver is drunk.
Improperly Calibrated Breathalyzer
You could also challenge whether the breathalyzer used to collect your BAC data is valid. Improperly calibrated breathalyzers have been known to produce inaccurate BAC test results. If your results were incorrect, this evidence should be tossed out at trial.
Meet with a DUI Lawyer in Reseda for Help Today
The implications of a drunk driving offense are sure to haunt you for the rest of your life. It has never been more important to clear your name of the allegations against you.
Take steps to prepare a compelling defense strategy that is most likely to produce a favorable outcome in your case when you call an experienced Reseda DUI lawyer for help. Please fill out our online contact form or call us to explore your defenses further as soon as today.