If you have been arrested for driving under the influence in Southern California, hiring an attorney who specializes in DUI defense is one of the first things you should do. Because DUI law can be complex, representing yourself or working with an attorney who is not familiar with DUI law is one of the fastest ways for you to lose your case and up serving jail time or losing your driving privileges. Southern California attorneys who specialize in DUI spend time reading about changes to the DUI laws, invest a great deal of time in staying up to date on developments in the field, and have access to resources that other attorneys cannot access. Working with a Southern California DUI attorney will give you the best chance for achieving a successful outcome once your case has come to an end.
DUI Attorneys Southern California Outline Types of DUI Cases
There are two ways a DUI case can be prosecuted in the state of California. The first way is if the prosecutor decides to concentrate on the defendant's level of impairment at the time of arrest. Being impaired means that the defendant was physically unable to safely remain in control of a motor vehicle at the time of arrest. Law enforcement officers may make note of any suspicious behaviors, erratic driving, the defendant's physical appearance, and other factors to determine the level of impairment. The other way a DUI case can be prosecuted is by focusing on the results of chemical testing. If the defendant's blood alcohol level was 0.08% at the time of testing, then the prosecutor can use this to show that the defendant is guilty of driving under the influence. In this type of case, no evidence about impairment needs to be introduced. Because dealing with chemical testing results and witness testimony can be complex, working with an attorney who specializes in DUI is the best way to present a defense at your criminal trial.
DUI Attorneys Southern California Outline Administrative DUI Penalties
If you are arrested for driving under the influence in California, your license will be suspended before your criminal trial even takes place. It is important to have an attorney who can represent you during any DMV hearings that take place regarding your driving privileges. If you are not able to get your driving privileges back, the suspension period will depend on the number of offenses you have had. A first offense results in a four-month suspension, a second offense results in a one-year suspension, a third offense results in a three-year suspension, and a fourth offense results in a four-year suspension. If you refuse to submit to chemical testing at the time of your arrest, the penalties are different. A first refusal will result in a suspension period of one year. This period increases to two years for a second refusal offense, three years for a third refusal, and four years for a fourth refusal. Because the loss of your driving privileges can wreak havoc on your life, having a Southern California attorney who specializes in DUI is important at every stage of your DUI case.
DUI Attorneys Southern California Outline California Criminal DUI Penalties
There is a wide range of criminal penalties available for driving under the influence convictions in California. These penalties are imposed on offenders with many factors considered before sentencing takes place. A judge may consider the offender's history, any prior offenses, aggravating circumstances, and any more serious offenses committed at the time of the DUI offense. A first conviction can result in up to six months of jail time, anywhere from $390 to $1,000 in fines, and the loss of your driving privileges for a period of six months. A second offense can result in 90 days to up to one year in jail, loss of your driving privileges for two years, and fines of $390 to $1,000 if the conviction occurs within ten years of the first conviction. If you accrue a third conviction, you can face a loss of driving privileges for three years, $390 to $1,000 in punitive fines, and anywhere from 120 days to one year in jail. Fourth offenses are charged as felonies and conviction of a fourth offense can result in two to three years in state prison, a loss of driving privileges for four years, and $390 to $1,000 in fines.
Because of the consequences of a DUI conviction on your record, having a Southern California DUI attorney on your team is important. Contact one as soon as you've been arrested and maintain your working relationship until the close of your case.