Van Nuys DUI Lawyer

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 license suspension, and a mandatory DUI treatment program, even if it is your first offense. You should take this charge seriously and do everything you can to fight it with a solid defense strategy.

The surest way to do that is to have an experienced Van Nuys DUI lawyer working for you. A dedicated DUI lawyer in Los Angeles knows every step of the legal process, and top criminal defense attorneys know which defense strategy works best.

They may be able to save you money, secure a pre-trial dismissal, or even get your case dropped entirely. From securing proper legal representation to conducting thorough evidence analysis, working with a skilled DUI Attorney is essential.

The Cost of a DUI in Van Nuys

The Los Angeles Police Department heavily polices the Van Nuys neighborhood and is part of a citywide enforcement effort across the San Fernando Valley. Local authorities and the Los Angeles District Attorney are keen to rack up as many convictions as possible. Every case represents potential money for the local government, and they are prosecuted without mercy.

Under California DUI Law, specifically Vehicle Code 23152, penalties in Southern California are complex. California laws treat impaired driving differently depending on your priors. However, even a first-time 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 in county jail.
• A restricted license or license suspension with a minimum of four months to one year of no driving, depending on circumstances.
• You must complete a mandatory alcohol program or DUI School lasting at least 90 days and costing at least $500.

How Prior DUI Convictions Increase Penalties in Van Nuys

These first-time penalties get more severe if you have previous DUIs within the last 10 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 (especially in severe cases like vehicular manslaughter), a year or more of license suspension, three years of DUI School, and fines and fees ranging in the tens of thousands of dollars.

Serious charges like vehicular manslaughter require an aggressive DUI defense. A Criminal Defense Lawyer will tell you that a vehicular manslaughter conviction can ruin your life.

To avoid the harshest outcomes of vehicular manslaughter, having a team with strong Trial Readiness is essential. In worst-case scenarios, avoiding a vehicular manslaughter conviction is the top priority for any defense team.

Ignition Interlock Device (IID) Requirements

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. An IID is essentially a breathalyzer machine wired directly into your vehicle’s ignition system.

Before the engine can start, you must provide a clean breath sample. Furthermore, you will be subjected to unpredictable “rolling retests” while driving to ensure you have not consumed alcohol after starting the vehicle. The financial burden of an IID falls entirely on your shoulders.

You are responsible for the installation fees, monthly rental charges, and regular maintenance and calibration costs, which can quickly add up to thousands of dollars over the required period. Additionally, a DUI can affect the future of your career.

Our Van Nuys Practice Areas

Regardless of the specific charges you face, our Van Nuys DUI attorneys have the proven track record needed to aggressively challenge the prosecution and safeguard your future across a wide range of DUI cases:

• Van Nuys Commercial DUI Lawyer: Holding a commercial driver’s license (CDL) means you are held to a much stricter legal standard. A blood alcohol concentration (BAC) of just 0.04% can lead to a suspended CDL and the immediate loss of your career. We fight aggressively to protect commercial drivers and their livelihoods.
• Van Nuys Felony DUI Lawyer: DUI charges become felony offenses when they result in serious bodily injury, death, or if you have multiple prior convictions on your record. The stakes are incredibly high, including potential state prison time. Our firm provides a rigorous defense to protect your liberty and avoid a devastating felony conviction.
• Van Nuys First Offense DUI Lawyer: Facing your first DUI charge can be terrifying, with potential consequences like hefty fines, driver’s license suspension, and mandatory DUI education classes. We navigate the local courts and DMV hearings on your behalf, striving to get charges reduced or completely dismissed.
• Van Nuys Hit and Run DUI Lawyer: Fleeing the scene of a crash while under the influence multiplies your legal troubles, opening the door to harsh mandatory sentencing and potential felony charges. We thoroughly investigate the circumstances of your case to dismantle the prosecution’s narrative and minimize your exposure.
• Van Nuys Marijuana DUI Lawyer: With the legalization of recreational cannabis, arrests for driving under the influence of drugs (DUID) have spiked. Because THC metabolizes differently from alcohol, chemical tests can be highly misleading. We aggressively dispute faulty science and unreliable police observations to clear your name.
• Van Nuys Misdemeanor DUI Lawyer: Even if it is a standard misdemeanor, a DUI conviction carries collateral consequences that can heavily affect your employment, background checks, and insurance rates. We scrutinize police procedures to build a resilient defense.
• Van Nuys Second Offense DUI Lawyer: If you are arrested for a second DUI within ten years of a prior conviction, the penalties escalate significantly, including mandatory jail time and the installation of an ignition interlock device (IID). We deploy advanced defense strategies aimed at keeping you out of custody and on the road.
• Van Nuys Third Offense DUI Lawyer: A third DUI comes with severe mandatory minimum jail sentences of 120 days up to a full year, alongside a lengthy license revocation. Our seasoned litigators understand exactly what it takes to challenge repeat-offense charges and fight for alternative sentencing options like rehab or house arrest.

Collateral Consequences of a DUI Conviction

In addition to the 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. A defense lawyer and their Defense Team can build a strong Criminal Defense and possibly have your drunk driving charges reduced. Experienced Van Nuys Criminal Defense Attorneys understand these stakes intimately.

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 standardized field sobriety tests or the use of preliminary alcohol screening devices, many people arrested are intimidated. Early pre-filing investigations by skilled criminal defense attorneys 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. If you do not timely request a DMV hearing, you may face an administrative driver’s license suspension before your criminal case is resolved.

There is one way to prevent this, and that is to prevail at a DMV hearing.

It is crucial to understand that the DMV hearing is completely separate from your criminal court proceedings. While the criminal court determines guilt, fines, and jail time, the DMV hearing is solely concerned with your driving privileges. The burden of proof is also lower in a DMV hearing than in criminal court. Because the hearing officer acts as both the prosecutor and the judge, winning these hearings requires a highly technical defense.

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 to subpoena the arresting officer and challenge the calibration records of the breathalyzer. 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. Likely, 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. During the pre-trial phase, your defense team will engage in the “discovery” process.

This involves demanding all evidence the prosecution plans to use against you, including dashcam footage, bodycam video, 911 call transcripts, and police radio dispatch logs. By meticulously reviewing this media, your lawyer might spot procedural errors or civil rights violations that the arresting officers tried to hide.

If evidence was obtained illegally, your lawyer will file a Motion to Suppress 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. By working with the state’s prosecuting attorney, you may be able to enter into a drug or alcohol treatment 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.

Rising Blood Alcohol Concentration

Another highly effective defense strategy involves the concept of “rising blood alcohol.” It takes time for alcohol to fully absorb into your bloodstream. If you were stopped shortly after having a drink, your blood alcohol concentration might have been below the legal limit of 0.08% while you were actually driving.

By the time you were transported to the station and administered a chemical breath or blood test, your BAC could have naturally risen above the legal limit. A skilled attorney can use toxicology experts to prove you were legally sober at the exact moment you were behind the wheel.

Medical Conditions and Diets

Certain medical conditions and diets can cause falsely elevated breath test results. Conditions like Gastroesophageal Reflux Disease (GERD), acid reflux, or severe heartburn can push alcohol vapor from the stomach back into the mouth, tricking the breathalyzer into registering a much higher BAC than what is actually in your bloodstream.

Furthermore, high-protein, low-carbohydrate diets (such as the keto diet) or conditions like diabetes can produce ketones in the body. Breathalyzers frequently confuse these naturally occurring ketones with isopropyl alcohol, leading to an unfair and entirely inaccurate DUI arrest.

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 today to get connected with a DUI lawyer for a free consultation.