DUI (Driving Under the Influence):
DUI cases can be complicated and time-consuming. We will represent you to save you time and money. If you retain us, you don’t have to ever appear in court, and we will get you the best result possible.
There are only three outcomes. Case is dismissed by prosecutorial discretion. Charge is reduced down to a “wet and reckless” or “speed exhibition” due to plea bargaining. Proceed with trial or take the “deal.” If you decided to take the deal and settle for a “DUI.”
However, do not settle for a DUI conviction without having an experienced counsel look at the evidence the state has against you! Did you know what there is a 10% margin of error with all breath and blood chemical analysis and testing, and that is a scientific fact! The field sobriety test is not conclusive or even accepted by most courts as proof of DUI! And did you know what we can successfully suppress all evidence against you even statements that were made to the officers!
Los Angeles drivers convicted for the first time of drunken driving can expect to receive a sentencing of three years of informal probation, a license suspension, fines and fees of approximately $2,000, and four months of alcohol education classes. There is even the potential for jail time on a first offense. All of these charges increase dramatically if the driver is a repeat offender.
A second driving under the influence (DUI) offense could result in a two-year drunk driving license suspension, mandatory jail time, and an 18-month alcohol education program. Under the law, a second offense can result in a jail sentence of up to one year, but it is more common for the sentence to be between four and 60 days. With the help of an attorney, it may be possible to convert the two-year license suspension into a restricted license after 12 months.
You will likely have a lot of questions following your drunk driving arrest. Will I be sentenced to time in jail? Will I lose my drivers license? How much will this cost me? What happens at the arraignment? Is possible to beat a Los Angeles DUI? Should I hire a criminal attorney? These are common questions and it is important that you understand your rights before you go into court.
What is a DMV Hearing? (Press Link For DMV Official Website Re DMV Hearings)
Below is some basic DUI information about the California DUI process. Please visit the rest of our website and our Los Angeles DUI Blog for more detailed information on these topics. Please contact The Ace Law Firm to discuss the specific facts of your case.
An arraignment is your first court appearance following a DUI arrest. During the arraignment, the charges field against will be read and you will have the chance to enter a plea of “not guilty,” “no contest,” or “guilty.” If you wish to challenge the DUI charges, you should enter a plea of “not guilty” and the court will schedule your trial for a future date. Facing a legal proceeding like an arraignment can be confusing and intimidating, especially if it is your first time. The Ace Law Firm can accompany you to your arraignment to ensure that you understand your rights and the arraignment process.
Avoid Suspension of your California Driver’s License
If you have been arrested for a DUI, the arresting officer may have confiscated your license and provided you with a “notice of suspension” and a “temporary license.” Suspension of your driver’s license will go into effect after 30 days and you may face suspension or revocation of your license for six months or more – even on a first offense. If you refused the breathalyzer at the time of your arrest for your first offense, you face a one-year suspension. If you have prior DUI convictions, you face suspension ranging from 2 to 10 years. These DMV suspensions apply even if the underlying DUI charges are reduced or dismissed.
You have the right to challenge suspension of your driver’s license by requesting an administrative DMV hearing within 10 days of your arrest. Our Los Angeles DUI lawyer can provide you with representation at the DMV hearing to help you avoid loss of your driver’s license.
Requesting a DMV Hearing
If you wish to challenge the suspension of your driver’s license following a DUI arrest, you or your attorney should contact the DMV Driver’s Safety Office within 10 days of your arrest to request a DMV Hearing. Our experienced attorney is available to assist you with the DMV Hearing Process, but it is imperative that a hearing request be made within 10 days.
We understand that loss of your driver’s license can have a devastating impact on your life. We understand that suspension of your license could cause hardship to your family, impact your social life and possibly cause loss of your job. This is why we work so hard to help our clients avoid suspension. An experienced California DUI criminal lawyer will work aggressively to defend your rights at the DMV hearing. We will diligently challenge the evidence and will raise all applicable defenses in an effort to have the suspension set aside.
Failure to timely request the DMV hearing within 10 days will result in a waiver of your right to the hearing and suspension of your California license will begin in 30 days. If you have an out of state license and a DMV hearing is not requested within 10 days your driving privileges are likely to be suspended in your home state.
If you have been arrested for a DUI in California, you may face jail time, loss of your driver’s license and expensive fines and costs. Even a first time misdemeanor DUI offense carries substantial penalties, including 6 month license suspension, up to 6 months in county jail (though it is unusual for a first offender to do any jail time), Alcohol classes for 3 – 9 months and Fines, Assessments and Fees upwards of to $2,000. If you have prior DUI offenses within the last 10 years, your penalties may be substantially higher.
Avoid a Criminal Drunk Driving Conviction in Los Angeles
The prosecutor may want you to believe that their case against you is cut and dried, but there are many defenses available to fight a DUI. Our Los Angeles DUI attorney knows that that you may have various defenses available. Our attorney will work diligently to defend you against conviction.
Defenses that have been used to beat California DUI charges:
The officer’s lack of probable cause to make the initial stop
Mistakes in the administrative procedures relating to blood and breath tests
A person appearing not under the influence during field sobriety tests
Miranda rights violations
A lack of evidence
If you have been arrested for a DUI in Los Angeles, these and other defenses may apply to your case. Our skilled Los Angeles DUI attorney can help you to determine what defenses may be available against a criminal DUI charge. However, it is important that you contact an attorney promptly as many defenses are time-sensitive.
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