Are you facing misdemeanor charges for driving under the influence (DUI)? At Los Angeles DUI Lawyer, we understand how frightening a charge of this nature can be, especially if it’s your first time being arrested for DUI.
However, hope is not lost—you have rights, and protecting yourself starts with hiring a Santa Ana misdemeanor DUI lawyer. We have connected thousands of people with attorneys who can help them.
We’re here to help you find a Santa Ana DUI lawyer who can advocate for your needs and defend you in the face of your misdemeanor charges. The sooner you contact us, the sooner we can point you in the direction of lawyers who are ready and willing to represent you.
Defenses to Misdemeanor DUI Charges
While it can feel overwhelming to have misdemeanor DUI charges looming over you, there are several defenses that your Santa Ana misdemeanor DUI attorney can consider applying to your case.
Here are examples of potential DUI strategies that your legal counsel may implement when defending you against your charges:
- Illegal traffic stop: If the police officer did not have reasonable suspicion to pull you over, your lawyer can argue that your DUI charge should be dismissed.
- Faulty field sobriety tests: Field sobriety tests are not always reliable. In fact, many factors—such as pre-existing medical issues or the conditions of the road—can impact the results of these tests.
- Improperly administered breathalyzer test: Breathalyzer tests can sometimes produce inaccurate results due to faulty equipment or improper administration.
- No impairment: Even if you had alcohol or drugs in your system at some point in the day, you might not have been impaired at the time of driving or being pulled over. The prosecution must prove that you were too impaired to operate the vehicle safely, and your attorney can work to defend you against this claim.
The Legal Process of Being Charged with a Misdemeanor DUI
The process that follows a misdemeanor DUI charge typically involves several steps. If you are arrested for DUI on a misdemeanor level, you can usually expect the following sequence of events to take place.
DUI Arrest
The process begins when a law enforcement officer pulls you over for suspected impaired driving. If the officer believes you are driving under the influence, they can choose to conduct field sobriety tests or request a breathalyzer test to measure your blood alcohol concentration (BAC).
If the officer has probable cause to believe that you are impaired, they will likely arrest you for DUI.
Booking
After your arrest, you will be taken to a local police station for booking. This is where your personal information—including your fingerprints—is officially recorded. You might also be asked to submit to a blood or urine test.
This would be to measure your BAC or detect the presence of drugs in your system.
Release from Custody
After you’re booked, you might be released from custody, though it all depends on the circumstances of your arrest. In some cases, you might need to post bail, while in others, you could be allowed to leave with a citation that requires you to appear in court at a later date.
Arraignment
The next step in the process is known as the arraignment. This is the point at which you will be formally charged with a misdemeanor DUI. During this hearing, the judge will explain the charges against you and ask whether you’re pleading guilty or not guilty.
At this point, you will likely also be informed of your rights as well as the potential penalties you could face if you are convicted of your charge. If you plead not guilty, your case will be scheduled for additional hearings on future dates.
Pre-Trial and Negotiations
Following the arraignment, you will likely have the opportunity to negotiate with the prosecution. In some cases, the prosecution might offer you a plea bargain, and this could result in a reduced sentence or lesser charges.
However, it is important to understand that plea negotiations can vary widely. As a result, the terms of any offer you receive will depend on the specifics of your case.
Trial
If your case goes to trial, you will have the chance to present your defense in front of a judge or a jury. Both the prosecution and the defense will present evidence—including witness testimonies, police reports, and the results of your sobriety tests.
The judge or jury will then decide whether you are guilty or not guilty of your misdemeanor DUI charge.
Sentencing
If you are convicted of a misdemeanor DUI, the judge will impose a sentence based on the laws and guidelines of California. This can include fines, probation, mandatory DUI education programs, and other penalties.
In some cases, the judge may also impose jail time. However, this is less common for misdemeanor DUI offenders.
Penalties for Misdemeanor DUIs
The penalties for a misdemeanor DUI conviction can be severe. In fact, they can include both criminal and administrative consequences. The penalties you face will be specific to your case, and they will vary depending on whether or not it’s your first offense.
If there are any aggravating factors involved—such as a high BAC level, a prior DUI conviction, or your involvement in an accident with others on the road—your penalties will likely be more severe as well. Let’s take a closer look at the potential penalties you might face.
Fines
A misdemeanor DUI conviction can result in fines ranging from $390 to $1,000, if not more. From there, you could also be responsible for paying various administrative fees. These fines can add up quickly, which is why it is important to budget for the full cost of a DUI conviction.
License Suspension
A misdemeanor DUI conviction typically results in a six-month license suspension. During this period, you will not be able to legally operate a vehicle, which is a consequence that can have long-term impacts on your daily life.
However, depending on the details of your case, you may be eligible for a restricted license. This will allow you to drive for limited purposes, such as commuting to work or attending court-ordered DUI education classes.
Probation
For many people facing misdemeanor DUI charges, the court will impose probation as part of the sentence. Probation can last anywhere from three to five years, and it often includes specific conditions, such as attending DUI education programs or refraining from alcohol consumption.
DUI Education Program
A misdemeanor DUI conviction typically requires the defendant to attend a DUI education program. These programs are designed to educate people about the dangers of impaired driving and the consequences of their actions.
The hope is that the program will deter people from engaging in similar behavior again at any point in the future. In many situations, the program can last anywhere between three and nine months, and it might include either classes or community service—if not both.
Jail Time
Although jail time is less common for first-time offenders, it is still a possibility. If the judge determines that your DUI was particularly egregious or if you have prior convictions, you could face up to six months in county jail.
However, many misdemeanor DUI offenders avoid jail time by fulfilling other court-ordered obligations, such as attending DUI education classes or complying with probation terms.
Increased Insurance Premiums
A DUI conviction will likely lead to an increase in your car insurance premiums. This is because insurance companies view DUI convictions as an indicator of risk, and they will likely raise your rates in response. This consequence can impact you for years after your initial conviction.
Criminal Record
A misdemeanor DUI conviction will remain on your criminal record, which can have long-term consequences. A criminal record can affect your ability to secure employment, rent an apartment, or travel abroad, depending on where you plan to go.
Aggravating Factors and Enhanced Penalties
While a misdemeanor DUI can result in the penalties mentioned above, certain aggravating factors can lead to enhanced penalties. Here are some examples of what these factors may include:
- Prior DUI convictions: If you have been convicted of DUI in the past, the penalties for your current charge will likely be more severe. Multiple DUI offenses can result in longer license suspensions, higher fines, and increased jail time.
- High blood alcohol concentration (BAC): If your BAC is above 0.15%, you could face harsher penalties, including longer license suspension periods and mandatory alcohol treatment programs.
- Involvement in an accident: If your DUI causes an accident, you may face enhanced penalties, including civil liability for damages and any injuries that were caused as a result of the accident caused by your impaired driving.
- Drug-related DUI: If you are arrested for driving under the influence of drugs—including marijuana—you could face additional penalties. In some cases, a drug DUI conviction can result in more severe penalties than an alcohol-related DUI.
How Long Does a Misdemeanor DUI Stay on Your Record?
A misdemeanor DUI conviction in California stays on your criminal record indefinitely unless you take steps to have it expunged. However, when it comes to your DUI sentencing and penalty enhancement purposes, a DUI will remain on your driving record for ten years.
This means that if you are convicted of another DUI within that 10-year period, it will likely be treated as a second offense, which also means harsher penalties. Additionally, your DUI can appear on background checks conducted by employers, landlords, and insurance companies.
Expungement can help remove the conviction from public records, making it easier to secure employment and housing. However, even if expunged, law enforcement and courts can still access your DUI history.
Can a Misdemeanor DUI Be Dismissed?
Yes—a misdemeanor DUI can be dismissed, but it is unlikely to happen if you don’t have a strong legal strategy in place. DUI cases can be dismissed if there is insufficient evidence, when law enforcement made procedural errors, or in situations where your rights were violated.
A Santa Ana DUI law firm with attorneys who have experience representing people facing misdemeanor DUI charges can challenge the prosecution’s case on your behalf. For instance, they may question the validity of field sobriety tests or the accuracy of breath and blood tests.
They can also call the conduct of the arresting officer into question. If your attorney is successful, your charges might be reduced or dropped entirely. Early intervention and legal representation can significantly improve your chances of a dismissal or a lesser charge.
Will You have to Go to Court for a Misdemeanor DUI?
Yes—you will have to go to court for a misdemeanor DUI, but in many cases, your attorney can appear on your behalf. If you hire a misdemeanor DUI lawyer in Santa Ana, they may be able to handle the bulk of the legal process without requiring you to attend every hearing.
The first court appearance—which is known as the arraignment—is where you will enter a plea of guilty, not guilty, or no contest. If your case proceeds to trial, you might be required to attend additional hearings, particularly if negotiations for a plea deal fail.
However, the majority of DUI cases can be resolved through plea agreements or pretrial motions rather than an official trial.
Reach Out Today to Learn How Santa Ana Misdemeanor DUI Lawyers Can Help You with Your Case
Facing a misdemeanor DUI charge is a serious matter, and it would not surprise us to hear that you’re stressed or scared of what’s to come. These feelings are normal, and you’re not alone—let Los Angeles DUI Lawyer help you find the right attorney for you.
We have legal resources that can make it easier for you to meet misdemeanor DUI lawyers in Santa Ana and narrow down your options in search of the perfect fit for you.
With a lawyer who has experience handling DUI cases, a favorable outcome is possible. Call now.
