Los Angeles DUI Attorney
DUI is not just a common crime in Los Angeles, it's the most charged crime, and this trend extends across California. The prevalence of DUI charges is a stark reminder of the potential consequences of making the wrong choice to drive after consuming alcohol.
The police are vigilant, especially on weekends and late at night, or around areas where alcohol is served, ready to make arrests.
They pull the person over and then make up an excuse, such as swerving, not signaling, the lights being out, or any of a host of other reasons that are very hard to refute unless you can get some video evidence from the dash cam.
Once the pullover is lawfully made, then they say they smelled alcohol. They ask the person if they had any alcohol.
Most people will admit it if they had alcohol and say they had two, then it's on. They're going to have him get out of the car, have him to the field sobriety test, which is very subjective, and then ultimately, they will arrest him and take either their blood or breath.
While the best strategy is to plan and avoid drinking and driving, if you find yourself in a situation where you need legal help, it's crucial to seek professional advice and representation. If you're reading this on my website, you're likely in need of such help, and I'm here to provide it.
So, what I'm trying to do in these cases is first to see if I can get the case dismissed because there's some problem with the blood or breath that they took or with the vehicle's stop.
They didn't have probable cause—or the person wasn't driving when the police came along. It's difficult for them to prove when they were moving, and therefore, their expert cannot extrapolate backward to say what their blood alcohol level was hours after the test.
I have been practicing as a DUI defense attorney for many years and know how to handle drunk driving cases. There's a whole host of different ways that a DUI can be attacked, but as you might guess, it's not cookie-cutter.
It will depend on the specific facts and circumstances of each case. Someone who's been doing it for twenty-five years like I have and has handled thousands of DUIs will be able to spot a problem with a DUI case and use that to the client's advantage. You can be charged with driving under the influence under California Vehicle Code 23152(a) VC.
What is the Best Strategy?
I encourage you to set up an appointment with me. Bring all your paperwork and a list of questions, and let's discuss whether your case is worth fighting, whether you should spend the money to fight it, and whether your case should be negotiated so you can get the lowest possible sentence.
Once we have all the paperwork on the case and have an honest conversation about it, we can really get down to the nitty-gritty of whether the case should be fought or whether you are better served to try to resolve the matter.
One thing I always say to my clients, and I firmly believe when it comes to a DUI, is to do it once, do it right, and never do it again. It's about making the right choices and taking responsibility for your actions.
That means you hire an attorney who knows what they're doing, is familiar and local to the court where your case is pending, can fight a case to the end through a jury, or can negotiate it with the prosecutors and judge.
The attorney has got to have this dual ability if they want to be able to get you the best possible result because if the judge and the prosecutor know your attorney won't fight them, then that gives them too much power. You're not going to get the best sentence possible.
What are the Punishments for DUIs?
Depending on what happened, the punishments for a DUI vary. There's a host of factors that the prosecutors look at, including your age, the amount of alcohol you had in your system, how you were driving, how dangerous you were, how well you did on the test, and many more.
It's up to your attorney to show the prosecutor and the judge the suitable facts relating to you and the circumstances of your case and come up with some plan that works for you and then make sure that they execute that plan and get what you need. That's one of the biggest things I do when meeting clients.
After we go over everything and get a realistic feel for what the person is looking at, I say, okay, what do we have to get here? And we talk about it.
Once we determine what we need under the circumstances, I set about trying to get it. I do that through a combination of my experience dealing with local prosecutors and marshaling all the mitigating factors related to your case, presenting them in the right way and forcefully.
If I can't get what I need from the prosecutor I'm talking to, I figure out how to get around that prosecutor – go to another prosecutor.
If I can't get it through the City Attorney or DA's office, I go to the judge. I will do everything I can, based on my twenty-five years of experience and my know-how, to get you the result that you must have. Then we say it's time to resolve the matter, or it's time to go to trial, and we do everything we can to get you the result.
Depending on the seriousness of your case and how many times you have been previously arrested and convicted within ten years for DUI, you will be looking at the following penalties for driving under the influence conviction:
1st Time DUI Offense:
- 48 hours – 6 months jail time
- $390 – $1000 fine
- 90-day – 6-month license suspension
- Community service
- Probation
2nd Time DUI Offense:
- Ten days – 1 year in jail
- $390 – $1000 fine
- Two-year license suspension
- 18-30 month alcohol/drug program
- Possible installation of an ignition interlock device
- Community service
- Up to 5 years probation
3rd Time DUI Offense:
- 120 days to 1 year in jail
- $390 – $1000 fine
- Three-year driver's license revocation
- 18-30 month alcohol/drug program
- Possible installation of an ignition interlock device
- Community service
- 1-5 years of probation
4th or Subsequent DUI Offense:
- 180 days to 1 year in jail
- $390 – $1000 fine
- Four-year license revocation by DMV
- 18-30 month mandatory alcohol/drug program
- Installation of ignition interlock device
- Community service
- Probation for 1-5 years
If this is your first offense, under California Penal Code 1000, you may be able to avoid jail time altogether by qualifying for alternative sentencing. In addition, under the Substance Abuse and Crime Prevention Act, Proposition 36 (Prop 36), a first or second-time offender may qualify for a state-regulated treatment program instead of incarceration.
We can determine whether you meet the qualifications for PC 1000 or Prop 36 or have your charges reduced to public intoxication.
Can You Negotiate with the Prosecutor?
So, I encourage you to come and sit down with me, give me an honest account of what happened, don't put any spin on it, don't leave anything out, so I can know what happened and figure out a way to deal with your case in L.A. the best possible way.
When you come in and sit down with me, you'll be able to get kind of a blow-by-blow of what you're looking at. You'll be looking at a fine; you'll be looking at an alcohol program. There's a 3-month, a 6-month, a 9-month, an 18-month, and a 30-month program.
You'll be looking at potentially Caltrans, community service, jail time in the worse defenses where somebody gets hurt, for example, or it's a fourth-time DUI.
Sometimes, people, especially those who get multiple DUIs, need to go to rehab. We can arrange that if it's appropriate in your case. Other times, people are simply innocent. They need to fight the case and take it all the way, and that's something that we talk about.
We assess, and if we make that decision, we obviously do the investigation. We get the experts and do everything humanly possible to get you the desired result.
Sometimes, you may have had too much to drink without realizing it. You insert the keys into your ignition, start your vehicle, and drive off, only to find yourself later being pulled over by law enforcement. The officer may then ask you to perform several sobriety tests.
These tests are used as an attempt to assess your mental and physical status and to determine whether or not you are legally under the influence of drugs or alcohol.
Whether or not you were swerving while driving, had bloodshot eyes, slurred speech, or the smell of alcohol on your breath, in California, you may still be charged with driving under the influence. If you had a BAC (blood alcohol content) of 0.08% or higher, often referred to as DUI “per se,” you will also be charged.
Law enforcement has the right to arrest you if they suspect you are under the influence, regardless of whether or not you pass the sobriety tests.
During this meeting, we can review the facts of your case, review the police report, and answer any questions you may have.
If you have been arrested for a DUI, you must contact a DUI defense lawyer immediately. You only have ten days from the date of your arrest to schedule a DMV hearing to protect your driving privileges and keep your license from becoming automatically suspended. Contact the Hedding Law Firm for more information.
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