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Punishment for Drunk Driving In Los Angeles
Drunk driving is considered a serious crime by most law enforcement agencies. Punishment for drunk driving reflects the serious approach taken by DUI prosecutors and judges. Over the years, the lobby groups, such as MADD.ORG (mothers against drunk driving), influenced tougher laws, lowering the legal limit of alcohol for DUI prosecution and increasing drunk driving penalties in California and nationwide. As a result, even the first offense of drunk driving, a victimless crime based on dubious science can be punished with serious consequences not only in the criminal justice system but collateral effects such as immigration status, professional licenses, and on driving abilities. For example, a recipient of a newly passed DACA or DAPA immigration benefit can be denied status […]
DUI Charges Under California Law
DUI Charges can have extreme consequences for many many people including professional drivers, anyone with a specialized license or permit or even immigrant. The punishment for a DUI can include DUI classes, IID, fines and even jail time. DUI charges under California law can be found in Division 11 and punishment in Division 11.5 of the California Vehicle Code, one of 26 different legal codes in California. The specific DUI charges are usually found in the California Vehicle Code 23152 for “simple” DUI charges and CVC 23153 for DUI with injury charges. The crime of drunk driving can be a felony DUI or a misdemeanor DUI. What determines if it is a felony DUI charges or misdemeanor DUI charges is the record of […]
DUI DEFENSE: WHEN YOUR CAR WAS PARKED
A typical DUI arrest involves a traffic stop for a violation of a vehicle code or some other observation of “bad driving” by the police officer. Other times, the officer does not observe driving but comes to the location of a car accident. Less often, a DUI suspect gets arrested after police decide to approach a parked vehicle. When that happens, you will have a great defense of your DUI case. You will need the help of an experienced attorney to convince the prosecutor to offer a favorable disposition or to dismiss the case altogether. It is possible for Los Angeles DUI attorneys to get prosecutors to offer great deals on no-driving defense cases or even a dismissal when […]
Restricted License after Los Angeles DUI
After a DUI conviction, you might have Restricted License. There are different types of restricted licenses: with some restricted to driver to work and an alcohol education class and others restricted to only drive while having an ignition interlock device (IID) in your car. If you have a restricted license to drive only with an IID, you can drive anywhere, without being in a violation of the law. A restriction on the driver’s license can be imposed after a court conviction or after a DMV hearing. As terms of a DUI probation, a driver can be ordered to comply with DMV orders. DUI Probation will include driving only with a restricted license for a period of time. Alternatively, even if there is no […]
Los Angeles DUI Attorney Explains: DUI License Revocation in Los Angeles
In California, a driver’s license can be lost in one of three ways: cancellation, suspension, or revocation. While there are several reasons a license may be revoked, DUI-related revocation is a consequence of certain DUI arrests, particularly in Los Angeles. However, not every DUI arrest leads to revocation, as many cases result in a suspension instead. A DUI-related license suspension allows the driver to regain their license after a specified period, whereas a revocation requires the individual to reapply for a new driver’s license after the revocation period ends. Contact Los Angeles Driver’s License Attorney for immediate help. A DUI license revocation is imposed for a minimum of 2 years. One of the most severe consequences for a driver’s license […]
Driving on a Suspended License in California: What You Need to Know
Driving on a suspended license in California is a crime. It is classified as a misdemeanor, a lower-level criminal offense where the maximum jail sentence is 364 days. In contrast, a felony is a more serious crime with potential prison sentences exceeding one year. Unlike DUI offenses, which can sometimes rise to the level of a felony, driving on a suspended license is always a misdemeanor. Call Los Angeles Suspended license attorney directly at (323) 464-6424, we can help you get your license back and get a dismissal of your case. Reasons for a Suspended License There are various reasons a driver might have a suspended license. The most severe type of suspension is imposed by the DMV following a […]
Nystagmus as part of DUI investigation, Los Angeles
Nystagmus is an investigation tool used by law enforcement to determine if a person is under the influence of alcohol. After a DUI stop, a police officer, if he suspects that the driver is under the influence of alcohol, can ask the driver to step out of the vehicle and submit to field sobriety tests. The field sobriety tests are voluntary tests that drivers suspected of DUI in Los Angeles can and should decline to perform. If you agree to do the field sobriety tests, the cops and the DA will use them to show that you are impaired. The tests are highly subjective and can cause a person to be arrested even when he or she is not under […]
DUI Probation: Terms and Conditions
DUI Probation is a very common resolution in many DUI cases. However, the law does not require that a defendant is placed on probation. Instead, a defendant in a DUI case can resolve his or her case for a “terminal disposition”, meaning, after the sentencing, there are no obligations to the court because after the sentence is complete and the case is over. In fact, you must agree to be placed on probation. Defendants Want to Be on DUI Probation to Avoid Jail Time. Some defendants are not eligible for DUI probation because of the record or the nature of the offense. For instance, if you are charged with a 3rd felony, the DA can allege a special allegation under […]
Fighting BAC Results in California DUI Cases
In this article, DUI Defense Lawyer discusses how to fight BAC Results in California DUI Cases. Click on the links below to go directly to your topic of interest. The Importance of a BAC Results in Los Angeles DUI Cases BAC level lower then .08% in DUI cases High Blood Alcohol Cases in California DUI cases The Importance of BAC Results in Los Angeles DUI Cases Los Angeles DUI prosecutors will look at several factors to decides how to prosecute a DUI in Los Angeles. First, Los Angeles DUI prosecutors will check if there was an accident prior to Los Angeles DUI arrest. Any accident will make a DUI seems much more serious in the eyes of Los Angeles County Judge […]
Chemical Test Refusal in Los Angeles DUI Cases
Any driver arrested for a DUI is required by California state law to submit to a chemical test. A chemical test can be a blood test, a breath test, or a urine test. A DUI refusal to submit to a chemical test is a more serious offense than a simple DUI. This article discusses Chemical Test Refusal in California DUI Cases. Click on the links below to go directly to your topic of interest. 1. WHAT ARE THE CONSEQUENCES OF BEING ARRESTED FOR A DUI WITH A REFUSAL ALLEGATION? 2. WHAT IF I WAS ARRESTED FOR A CHEMICAL TEST REFUSAL BUT I WAS NOT DRIVING? 3. HOW CAN A DRIVER ARRESTED FOR A “REFUSAL DUI” IN LOS ANGELES FIGHT HIS CASE? 4. […]