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#1 Los Angeles Dui Lawyer, Drunk Driving Attorney

LOS ANGELES DUI DEFENSE LAWYER

If you are arrested in California for driving under the influence of alcohol or drugs (DUI), you face two separate legal proceedings: one in criminal court which will determine if you are guilty of a criminal offense and impose penalties on you, such as jail time and fines; and, the second one in an administrative proceeding with the Department of Motor Vehicles (DMV) which focuses on whether or not you will retain your driving privileges. Although the criminal proceedings alone may seem daunting, a major and immediate life-altering concern is how to maintain your driving privileges. In the real world, you still need to drive to work, take your kids to school, go grocery shopping and conduct other activities you probably took for granted until now; the very real possibility of having your driving privileges suspended or revoked may thus undermine your ability to conduct your normal, everyday life.

WHAT HAPPENS WHEN YOU GET A DUI IN LOS ANGELES?

In California, DUI is a misdemeanor offense. The penalties for DUIs include fines, driver’s license suspension and possible jail time.

  • If you are arrested for drunk driving, your license will be suspended automatically unless you request a formal hearing with the DMV to try to prevent it.
  • You will be arraigned, where you enter your plea; this may continue to a trial if the prosecution’s evidence is strong enough. However, in many cases it’s possible for lawyers to negotiate favorable outcomes without ever going before a jury.
  • There are a number of DUI Defense strategies that can help you win your case. For example, if the prosecution’s evidence isn’t strong enough or its witnesses aren’t credible, you may be able to get charges dropped — or at least reduced. If police violated your rights during arrest (for example by beating you up), this is grounds for getting charges dismissed-or even filing a civil suit against them and winning money! These strategies can help you to negotiate a plea bargain, or they may be used during trial if your case goes to court.
  • Conviction carries penalties including jail time (if applicable), fines and other costs. Your license may be suspended or revoked if the offense warrants it.
  • The penalties for a DUI depend on whether you have had previous convictions, how serious the offense was, and what kind of judge is presiding over your case.
  • A good DUI defense lawyer in Los Angeles can negotiate a plea bargain that will reduce the penalties you’ll face if convicted.

When you are facing legal problems in Los Angeles, a search for “Los Angeles DUI Lawyer” can yield hundreds of online results. So how do you decide which lawyer is right for your case?

Facing the potential punishments resulting from a DUI crime might be scary if you have never been charged with one. You need a lawyer who will take the time to answer all of your questions and thoroughly explain every aspect of the legal process. We will discuss the pros and cons of all your options, so you can make an informed decision about which one is best for you. We understand that each case is different and requires individual attention. Our compassionate advocacy has helped many clients, who often rate these qualities as the most valuable attributes at our firm. At Tabibnia Law Firm, we fight extra hard on your behalf. Whatever the nature of your case may be—misdemeanor or felony—we’re committed to seeking justice for you and holding those who are responsible accountable.

TYPES OF DUI CHARGES LOS ANGELES

DUI is a serious charge that can lead to jail time, fines and license suspensions. It is also a crime that can have long-term consequences for your driving record and personal life. However, there are some types of DUI charges that carry different penalties than others. If you are facing a DUI charge, it’s important to understand the differences between each type of DUI charge so that you can make an informed decision about whether or not to hire an DUI attorney to help with your case.
The following are the most common types of DUI charges. If no one was hurt or killed as a result, these penalties apply:

1) FIRST DUI OFFENSE:

If you’re convicted of your first DUI, you face a minimum of a one-year license suspension and a maximum of three years in prison. You also have to take an alcohol awareness course, pay a fine and complete an alcohol program.

PENALTIES FOR FIRST DUI OFFENSE:

  • A fine of up to $1,800, including the base penalty ($390) and various “assessments” for courts and other government programs.
  • A 48-hour jail sentence can be waived, but if that happens your license will be suspended for an extra 90 days.
  • A driver’s license suspension is at least four months (minimum 90 days from criminal penalties and 30 days minimum from the DMV). The length of most suspensions will be longer—often a year or more.
  • You must complete a three-month treatment program for alcohol abuse, at a cost of $500. You cannot reduce the length of your license suspension unless you complete this program.

These are minimum penalties. You could be fined up to $3600, jailed for up to six months, and have your license suspended for a long time—or indefinitely—for repeat offenses.

Your vehicle may be impounded for 30 days, at your expense. In addition, you will have to install a device on your car (also at your own expense) that prevents it from starting if alcohol is detected on the driver’s breath.

2) SECOND DUI OFFENSE:

If you’re convicted of a second DUI, you face at least six months in jail and no more than one year in prison, depending on your prior record. You also have to complete an alcohol program, pay a fine and have your car impounded for 30 days following conviction.

PENALTIES FOR SECOND DUI OFFENSE:

  • With a first offense, the fines and costs will be approximately $1800.
  • 96 hours in jail.
  • You will lose your license for one year and face restricted driving for two more years. This means you can drive to work, on a limited basis—to run errands related to that job or fulfill other responsibilities required by law—and nowhere else.
  • Long term alcohol treatment. You will not be able to reduce your license suspension time without completing an 18-month or 30-month treatment program, at a cost of $1800.
  • You must install an interlock device, at your own expense, on all the vehicles that you drive.

Because these are minimum penalties, the maximum fines and fees could reach $4000, jail time can increase to one year, and your license suspension may last two years (plus two years of restricted driving). If you’re convicted of a second DUI, your vehicle may be impounded for 30 days and an interlock device may be required to install at your expense which prevents someone from driving intoxicated.

3) THIRD DUI OFFENSE:

If you’re convicted of a third DUI within 10 years of your last conviction, you face at least nine months in jail and no more than two years in prison, depending on your prior record. You also have to complete an alcohol program, pay a fine and have your car impounded for 30 days following conviction.

PENALTIES FOR THIRD DUI OFFENSE:

  • With a first offense, the fines and costs will be approximately $1800.
  • Up to 120 days in jail (third offense), or up to 180 days if it is the driver’s fourth DUI offense.
  • For a third offense, you will lose your license for at least three years; for a fourth, it is four. For both—no restricted driving privileges allowed.
  • A 30-month alcohol treatment program is mandatory, and you cannot get your license back without it. The cost of the program is $1800 over the 30 months—which comes out to about $60 per month.

Penalties for a third offense could be even higher. The maximum penalties could increase your total fines and fees to $18,000, and the potential jail time for a fourth offense may include 16 months in state prison. The length of your license suspension could increase from one to two years (plus an additional two years during which you would be prohibited from driving). Your vehicle might also be impounded for up to 90 days at owners expenses. Alternatively, it is possible that the state will confiscate your car altogether.

WHAT HAPPENS AFTER A DUI ARREST IN CALIFORNIA

When you are arrested for a DUI, the arresting officer will take your driver’s license from you (and send it to the DMV to be destroyed) and give you a pink document titled “Order of Suspension/Revocation.” The Order/Notice of Suspension serves as a temporary license which allows you to legally drive for the 30 days after your arrest. At the end of the 30 days, if you do nothing, your license will be suspended. But, do not be confused by the 30-day driving privilege. Within 10 calendar days of receiving the Order of Suspension, you must request a DMV hearing to challenge the suspension. If you let the 10 days go by without requesting a hearing, you lose your right to request a hearing and at the end of the 30 days, your license will be suspended.

The officer will give you an Order of Suspension/ Revocation. If you have a valid California driver license, the officer will take your driver license and send it to the DMV (to be destroyed). The Order of Suspension/Revocation includes a temporary driver license valid for 30 days from the issue date (usually the date of your arrest). At the end of the 30 days, the suspension/ revocation action goes into effect. If the officer does not serve you with an Order of Suspension/ Revocation, the DMV will mail you one.

WHAT YOU SHOULD DO AFTER A DUI ARREST IN CALIFORNIA

A strong defense is key to winning any DUI case. The penalties are severe, and a conviction can impact your future job prospects as well as your current employment. Unfortunately, people feel overwhelmed by the legal process, many of them do not hire an experienced DUI defense attorney. Instead of fighting to reduce their penalties and protect their rights, these individuals simply give up.
Consulting with a DUI lawyer is always a good idea, and should not be put off. However, you have limited time to make this decision—so find out more info as soon as possible! Failing to contact a lawyer soon after being arrested for DUI can be detrimental. Lawyers must gather evidence and prepare their clients’ cases, which takes time—and the sooner you start working with an attorney, the better your chances of building a solid defense will be. Add to that the time it takes to go over all the evidence and find any weaknesses in the prosecution’s case, as well as locate witnesses needed for questioning. So take advantage of your free case review and find out how a DUI attorney in Los Angeles can help in your situation.

LOS ANGELES DMV HEARING ATTORNEY

Assuming that you have requested the DMV hearing within 10 days of your arrest, the DMV will then schedule and notify your DUI attorney of the date of your hearing, which generally takes place within weeks or even months after your arrest. It is important to reiterate that the DMV process is independent of the criminal action pending against you for the DUI/DWI arrest. In this light, the DMV is not concerned with your guilt or innocence of a criminal offense, but only on the circumstances surrounding your arrest and whether or not you are entitled to have driving privilege. It is likewise relevant to note that the standard for the government to prove your guilt at the DMV hearing is lower than it is at the criminal legal proceedings. This means that it is easier to be proven guilty at the DMV proceedings than it is at the criminal proceedings. At the DMV hearing, the issues that can be raised are limited to the following:

If, during the traffic stop leading to your DUI arrest you submitted to a chemical test of your blood, breath or urine:

  • Whether the police had probable cause for the traffic stop.
  • Whether the arresting officer had reasonable cause to believe you were driving under the influence.
  • The ways in which the blood, breath or urine tests were performed, whether proper protocol was followed and whether the administering officer was authorized to conduct the specific test
  • Whether you were driving a motor vehicle with a BAC of 0.08 or greater.

If you refused to submit to chemical testing, you can challenge:

  • Whether the police had probable cause for the traffic stop.
  • Whether or not the arresting officer had reasonable cause to believe you were driving under the influence.
  • Whether the arrest was lawful.
  • Whether the arresting officer informed you that if you refused to submit to chemical testing, your license would be suspended for one year or revoked for up to three years.
  • Whether you refused to take a test or there was a problem that caused you to be unable to complete the test.

You are not required to attend the DMV administrative hearing. Your dui hearing lawyer will be able to conduct this hearing without your presence being required.

WHAT HAPPENS IF YOU LOSE YOUR DMV HEARING CALIFORNIA

If you lose your DMV hearing, your license will be suspended. The length of time of the suspension, and whether or not you are eligible to apply for a restricted license, depends on whether this is your first or subsequent offense. A suspended license means you have no driving privileges and are not allowed to drive for any reason for a certain period of time. However, if you comply with certain requirements, you may be eligible for a restricted license. A restricted license allows you to drive to work and back and often allows you to also drive to a DUI treatment program. You may be eligible for a noncommercial restricted driver license if all of the following apply:

  • This is your first offense.
  • You completed a chemical test.
  • The results showed a BAC level of 0.04% while operating a commercial vehicle, or 0.08% or more while operating a noncommercial vehicle.
  • You were 21 years of age or older (VC §13353.7).
  • Your driving privilege is not suspended or revoked for some other reason.

General requirements for obtaining a restricted, noncommercial license include:

  • Enroll in a licensed DUI First Offender program. (You must notify the program provider that you intend to apply for a restricted driver license.)
  • Ask the program provider to file a Proof of Enrollment Certificate (DL 107) in a licensed DUI First Offender program with DMV (CVC §23538(b)).
  • File proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self insurer certificate under CVC §16430).
  • Pay a $125 reissue fee.
  • Wait until the end of the mandatory 30-day suspension period before applying for a restricted driver license.
  • Request a to/from/during course of employment and DUI program restriction. Your driving privilege will be restricted to allow you to drive to, from, and during the course of your employment and to and from the DUI program. This restriction is valid for 5 months from the issuance date.

Source: www.dmv.ca.gov
Separately, if you comply with other requirements – which your dui hearing lawyer may explain to you – you may become eligible to regain your license, free of any restrictions.
If your license is revoked, it means it is totally taken away from you for a period of time. When the time expires, you have to apply for a new license. If you are stopped while driving with a suspended or revoked license, that is a separate criminal offense that subjects you to more serious penalties.

LOS ANGELES DUI LEGAL PROCESS CALIFORNIA

Many people are arrested for DUI in LA without knowing what to expect from the legal process. It’s important to understand how that process works so you can make informed decisions about your case. If you are arrested for driving under the influence (DUI) in Los Angeles, the legal process begins immediately and can be confusing. We help you to understand what happens at each step of that process so that you know what to expect as your case moves forward.
From beginning to end, the DUI legal process involves six major steps:

  • The Arrest: Most people are arrested for driving under the influence (DUI) after being pulled over or involved in an accident. If you were injured in the crash, you may have been taken to a hospital—but otherwise, most DUI arrests begin at police stations where suspects are processed and often spend one night in jail before making bail. After your arrest, you were likely given a chemical test (either a breathalyzer or blood test). Furthermore, your license was taken from you and replaced with an interim document—on pink paper. This 30-day temporary license will expire, and you won’t be able to drive legally again unless the DMV agrees to grant you an extension.
  • Hiring A Lawyer: Sometimes you may be assigned a public defender. Public defenders work under pressure to serve many people and don’t always have time for each case individually. Prosecutors will often pressure you to accept a deal without looking into the evidence or trying to negotiate on your behalf. Hiring a good DUI defense lawyer is one of the best ways to ensure that your case will be addressed properly. The sooner you have an attorney working on your behalf, the better off you’ll be.
  • “Administrative Suspension” and the DMV Hearing: Many DUI defendants are unaware that they can lose their license before the case is even decided. By state law, when you get arrested for drunk driving, your driver’s license gets automatically suspended. This is called “administrative suspension,” but if you act quickly, it may be possible to avoid a revocation. You have 10 days from the time of your arrest to request a hearing with the DMV. If you miss the deadline, your license will be suspended without further action by the court—and there is no way to reverse that decision. If you hire an attorney, he or she can represent you at a hearing and give you a much better chance of avoiding suspension.
  • The Arraignment: Your arraignment is a hearing in which your lawyer and the prosecution present their cases to a judge. At this point, you enter either “guilty” or “not guilty” as pleas. The prosecution may offer a plea bargain at your arraignment—but because both sides have not yet seen the evidence, most DUI lawyers will urge you to plead not guilty. At this short meeting in court, there is no jury and it’s just an update on when your trial will be held (if any).
  • Pre-Trial. Many DUI cases are resolved without going to trial, during the pre-trial phase of proceedings. The prosecution is required to share all evidence with your attorney during this phase. A good DUI lawyer will research this evidence to determine if your rights were respected, if the evidence was collected fairly, and if there are any red flags about the breathalyzer used in your case. Many DUI cases are surprisingly shaky, and this research can give you the upper hand.
  • Trial: Your lawyer may sometimes recommend going to trial, especially if the prosecution seems unwilling to negotiate or if their case appears weak. A court trial can be risky because it’s all or nothing, but it may not be a bad idea if your lawyer is confident they can convince the jury of doubt.

If you are convicted of a crime, you will move on to the sentencing phase, where the judge will issue a sentence. This is also a phase where your lawyer can be useful, recommending a strategy to hopefully get the lightest sentence possible.

If you are convicted of a crime, you will move on to the sentencing phase, where the judge will issue a sentence. This is also a phase where your lawyer can be useful, recommending a strategy to hopefully get the lightest sentence possible.

LOS ANGELES DUI DRUG OFFENSES

Increasingly, law enforcement officers and prosecutors are arresting and charging drivers for violating California Vehicle Code Section 23152(f) VC—which prohibits driving under the influence of drugs. Consuming illegal narcotics such as cocaine, heroin, ecstasy and methamphetamines is a crime.
However, many people do not realize that it is also illegal to drive while under the influence of legally prescribed medications like Vicodin and Xanax, which can cause impairment when taken at high doses. The fact that a defendant has a lawful prescription for a medication is not a defense to a DUI drug charge. Since the legalization of marijuana, police and prosecutors are preparing for a steep increase in drug dui cases, as has been experienced in other states.

HOW MUCH DOES A DUI LAWYER COST IN LOS ANGELES?

In addition to the fines and court costs, many DUI defendants worry about how they will pay for a lawyer. However, a skilled DUI lawyer can often reduce jail time or help you get your license back sooner. Skillful representation may also be able to lower fines paid by clients. Therefore, you can hire a lawyer to handle your case and save money over the cost of an hourly rate. Not all DUI attorneys charge the same amount for their services. Depending on your circumstances and the complexity of the case, a DUI attorney might be willing to work out a flat fee or payment plan with you. Request a free consultation with an attorney and ask what services he or she will provide if you hire them.

POSSIBLE DEFENSES FOR A CALIFORNIA DUI

A defendant aims to win his or her DUI case by obtaining a favorable verdict. When you are represented by a lawyer and given enough time to investigate the facts of your case, justice can prevail. No matter how strong the evidence against a defendant seems, there is always some loophole in the law that can be used to get an acquittal.

No matter how small or difficult to find evidence may be, your DUI case attorney can help you find a way of presenting it in court that will convince the judge.

Common problem areas include:

  • The arresting officer violated your rights.
  • The police officer’s statement is contradictory.
  • In a video or audio recording, the voice sounds different from what is written in the report.
  • Witnesses may help confirm your innocence.
  • A list of possible causes for a failed breathalyzer test.
  • Evidence that the officer did not have probable cause to make an arrest.
  • Errors in testing procedures or faulty equipment.

In some cases, the prosecution’s evidence may be so weak that not only will charges be dropped before trial begins, but all charges could also end up being dismissed entirely. Plea bargains protect defendants from being charged with more severe offenses, such as a DUI conviction. If you are unable to plea bargain your case, but have a strong defense, winning at trial is often possible. An experienced DUI attorney can help in this situation. Convince the jury, not the prosecution, that there are doubts about your guilt. You do not need to prove yourself innocent—you are presumed innocent until proven guilty by a court of law. So even a small crack in the prosecution’s argument can be enough to secure victory. If you are a first-time DUI offender, it is in your best interest to hire an experienced DUI attorney. Legal experts know the police and crime lab well, know what mistakes those organizations make regularly, and may even have personal knowledge of officers with a reputation for violating citizens’ civil rights.
Hiring an experienced Los Angeles drunk driving defense lawyer is the best thing you can do to improve your odds.

CONTACT LOS ANGELES DUI DEFENSE ATTORNEY

A DUI is a serious criminal charge, and can damage your reputation as well as your life. But it’s possible to beat the charges—and you do have options after being arrested for drunk driving. You may have questions about being charged with driving under the influence in Los Angeles. Will you go to jail if convicted? What happens to your driver’s license after a DUI conviction? How much will this cost me? A professional LA DUI defense attorney can answer these questions. It is important that you speak with a respected Los Angeles DUI lawyer if you have been arrested for or charged with Driving Under the Influence. Cyrus knows how police and prosecutors investigate and compile cases against you. He knows that you do not want to go to jail, get fired from your job or be shamed by the community.

Best Criminal Defense Attorney Los Angeles uses all of these skills, connections, and tenacity to defend individuals and corporations investigated and charged with a crime. Give us a call today, allow yourself to hire a professional DUI Attorney in Los Angeles county, that has years of experience in dealing with cases just like yours. Allow us to secure the way you live your life, your family and your future. Contact DUI lawyers Los Angeles, California at TABIBNIA LAW FIRM. Call 866-713-2159 and schedule a consultation.

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