Driving under the influence of alcohol can result in serious criminal charges and consequences. You could receive jail time, thousands of dollars in fines, a suspended license, and a DUI treatment program, even if it is your first offense. You should take this charge seriously and do everything you can to fight it.
The surest way to do that is to have an experienced and capable Van Nuys DUI lawyer working for you. Los Angeles DUI lawyers know every step of the legal process, and they know which defense strategies work.
They may be able to save you money, keep you out of jail, or even get your DUI case dropped entirely.
The Cost of a DUI
The Van Nuys neighborhood is heavily policed and is part of a citywide DUI enforcement effort. Local authorities are keen to rack up as many DUI convictions as possible, partly because the fines for DUI are so high. Every DUI case represents potential money in the door for the local government, and they are prosecuted without mercy.
DUI Penalties in Southern California are complex. State law treats impaired driving charges differently depending on whether it was your first, second, third, or subsequent conviction. However, even a first-time DUI sentence is rough.
The main penalties for a first-time offender include the following:
- You pay a minimum fine of at least $390, which spirals to $1,800 with court fees.
- A first-time DUI can cost up to $15,600.
- Jail time ranges from two days to six months.
- A restricted license with a minimum of four months to one year of absolutely no driving.
- You must complete mandatory DUI treatment lasting at least 90 days and costing at least $500.
Priors
These first-time penalties get more severe if you have previous DUIs within the last ten years. If that is the case, you could face stiffer penalties across the board. These include up to a year in jail, more than a year in state prison, a year or more of license suspension, three years of DUI treatment, and fines and fees ranging in the tens of thousands of dollars.
Installing an IID
DUI offenders may also have to have an ignition interlock device (IID) installed on their car and will remain on probation after serving their sentence. Additionally, a DUI can affect the future of your career.
Collateral Consequences of a DUI Conviction
Additional penalties you will face if you are found guilty of a DUI, there are many collateral consequences you could be facing as well. Collateral consequences refer to all of the ways your life, in general, will be affected by your conviction.
Some of the more common types of collateral consequences include:
- Community service
- Court-ordered mental health counseling
- Court-ordered anger management
- Completion of a substance abuse treatment program
- Completion of driver retraining programs and DUI school
- Child custody or visitation issues
- Trouble with immigration or citizenship
- Temporary loss of voting rights
- Points on your driving record
- Loss of firearm rights
- Difficulty obtaining or maintaining gainful employment
- Trouble finding safe or affordable housing
- Loss of federal student aid eligibility
- Difficulty maintaining relationships with friends and family
- Suspension or revocation of your professional licenses
- The stigma of criminal record
These are only some of the more common ways your life could be affected if you are found guilty of a DUI. A criminal defense lawyer can build a strong defense and possibly have your drunk driving charges reduced or thrown out entirely.
What to Expect in a DUI Case
Most DUI cases begin with an arrest by a police officer, the County Sheriff, or the California Highway Patrol. Regardless of who arrested you, you will normally be booked for a night in jail at the police station or the county jail. This is only the beginning of your case.
DUI cases move quickly. You will have to make serious decisions about how to proceed at each stage. Each of these decisions will determine the future of your driver’s license, your case, and, in many ways, your life for many years to come. An experienced Van Nuys drunk driving lawyer can help you make informed decisions.
Stages of a DUI Case
After the field sobriety test and initial arrest, many people arrested for DUI are intimidated and overwhelmed by the charges against them. A criminal defense attorney with extensive experience handling DUI claims can help you better understand the process.
Here are the crucial stages of a DUI case:
The DMV Hearing
Although the California DMV is not a law enforcement body, it does participate in the DUI process. You will have an automatic license suspension for 30 days after your arrest, even if you have not gone to trial yet. There is one way to prevent this, and that is to prevail at a DMV hearing.
You must request this administrative hearing within ten days of your arrest. If you do not, you lose your chance and your driving privileges. It’s best to have a DUI attorney in Van Nuys represent you at the hearing.
Your criminal defense firm will also make sure the request is filed correctly for you.
The Arraignment
An arraignment in a DUI case is a court hearing shortly after your arrest, generally at the Courthouse. At this hearing, you will be asked to enter a plea of Guilty or Not Guilty. It is likely that the prosecution will already make an offer to you in exchange for a Guilty plea.
These pre-arraignment offers are rarely generous ones. Having a Van Nuys DUI attorney present at the arraignment signals that you will fight hard, and an experienced lawyer will use the opportunity as a chance to push back against the prosecuting attorney.
The Trial
Most DUI cases do not proceed to trial. Instead, your lawyer will use the time beforehand to assemble the strongest possible case for you. They will find holes in the prosecution’s evidence, move to get that evidence thrown out, and ultimately work to bring the prosecution to the table for a plea bargain.
With effective defense strategies, DUI cases result in a favorable bargain that avoids harsher penalties, a reduced charge, or even dropping the DUI charge altogether.
How to Defend Against DUI Charges
You must take action to clear your name if you have been accused of a DUI. Many first-time, non-violent offenders may be eligible for a plea agreement or a pretrial diversion program. By working with the state’s prosecuting attorney, you may be able to enter into a drug or alcohol treatment program or another type of pretrial diversion program as opposed to going to trial.
Once you meet the program requirements, the charges against you can be reduced or dismissed entirely. However, there are some instances where it is crucial to challenge the DUI charges against you instead of entering into a plea deal. Here are some of the top defenses used to challenge DUIs:
Illegal Stop
Law enforcement officers must have a valid reason for pulling your vehicle over. For example, police may notice a broken taillight, erratic driving, or other traffic violations. However, if they do not have reasonable cause for pulling you over in the first place, the stop may be considered illegal.
Challenging the significance of law-enforcement observations will take the skill of an experienced DUI attorney.
Miranda Violations
When police fail to give Miranda warnings before questioning, any evidence obtained through this line of questioning can be tossed out due to constitutional violations. If you were not given a Miranda warning, any statement received or evidence obtained can not be used against you at trial.
Inaccurate Blood Alcohol Content Test Results
Blood alcohol tests are used to establish the blood alcohol concentration (BAC) levels of a defendant. However, when these tests are not administered accurately, not appropriately handled, or not processed correctly, the evidence may be considered tainted and should be dismissed at your DUI trial.
Get a Free Consultation With a Van Nuys DUI Law Firm
The prosecutor, law enforcement, and public opinion are all working against you in your DUI case. Only one person truly has your back: your Van Nuys DUI defense lawyer. We want to help you get the best defense possible by connecting you with a qualified criminal defense firm offering free consultations.
If you have been arrested for driving under the influence of drugs or alcohol, do not leave your future up to chance. Discuss your case with an experienced Los Angeles DUI lawyer before it is too late. Contact us to get your free consultation.
