Is it really possible to beat a DUI?
Yes. I hear this question A LOT. And the answer is yes, yes, yes. Skilled DUI lawyers, who focus their practice on DUI’s and understand how they work, win cases every day. There are well founded legal and scientific defenses to a DUI charge that allow good defense attorneys to get cases dismissed. Some cases are won pre-trial without even having to go to a jury. Other cases require the jury to hear the testimony of the cops and experts to see that the defendant is not guilty of the crimes charged. Each case is unique, and sometimes a “win” is keeping someone out of county jail when they are facing mandatory jail time, or a reduced charge to keep someone working at their job where a DUI conviction would mean termination and unemployment.
Why hire an attorney?
Knowledge is power. You need someone on your side that understands DUI cases inside and out. If you do not understand how the legal system works, and the criminal justice system in particular, you will be at the mercy of the government’s trained advocate. The Los Angeles District Attorney’s job is to convict you, not to help you. A DUI defense attorney is there to look out for your best interest. Hiring the right attorney will give you peace of mind in knowing that everything possible is being done to protect you and save your reputation.
Will I go to jail?
It depends. DUI’s in Los Angeles must be looked at on an individual case by case basis. There are a lot of factual situations where jail time is required by state law, even on a first time driving under the influence case. On a second or third time DUI, the Los Angeles District Attorney always wants a convicted person to do jail time. Having an experienced and knowledgeable DUI defense attorney on your side will give you the edge, and show you your options. Even if you have to take a deal, most of the time with the right arguments, you will be able to find a suitable substitute and stay out of county jail.
Will I lose my driver's license?
Likely. For the most part, the Department of Motor Vehicles handles your drivers’ license; and they usually suspend and/or restrict it for some period of time. If you don’t have a DMV hearing scheduled, your license will automatically be suspended. If you do have a hearing scheduled, you have a fighting chance to hold onto your driving privilege. Having a DMV administrative hearing and making the right objections and arguments can result in the DMV not taking any action against your license.
Do I have to come to court?
Usually not. The law allows a lawyer to appear on your behalf. So most of the time you will not have to miss work and wait all day for your case to be heard. However, there are some times when it is in your best interest to be in court to help defend your case.
I was not given my Miranda rights, will the case be dismissed?
No. In a DUI case Miranda rights usually do not play a big role. The law only requires that your rights be given to you if you are in custody (arrested) and interrogated (questioned). Since most of a DUI investigation takes place before you are “arrested”, the cops don’t have to read you your rights. However, there are other technical rules, similar to Miranda, that do apply in DUI cases and they can be used to suppress evidence and win cases.
What should I do if I am arrested for DUI?
Agree to do a chemical test. You may not know it, but if you have a drivers’ license you have agreed to take a chemical, breath, or blood test. If you do not take a test, you will have BIG problems with the DMV and mandatory jail time from the judge. Other than agreeing to the chemical test… shut-up. Don’t answer the cops questions about where you were coming from or going, what you have or have not been drinking and the like. The cops are trying to get you to incriminate yourself. Don’t take any Field Sobriety Tests. The cops don’t know how to give them correctly, and they are too open to interpretation.
What is the legal limit?
That depends. You could be DUI on something other than alcohol, but most of the time we are looking at the basic legal limit of 0.08%. However, there are a lot of different “legal limits”, such as for minors and commercial drivers, as well as extra punishments for high alcohol levels.
I caused a traffic accident, is that worse?
Yes. If there is an injury, then things are much worse than your typical DUI. In Los Angeles County, a DUI with injury will most likely be prosecuted by the District Attorney’s office as a felony. When someone is charged with a felony, they are looking at doing a lot of time in state prison. Even if there are no injuries, DUI’s with traffic collisions are prosecuted harder, and the penalties are higher. The D.A. and the judge will bend over backwards to help the “victim” so you and your attorney should be ready with a complete defense covering the driving, accident, impairment, and restitution (or payment to the victim) aspects of your case.
Do I have to go to the DMV?
A hearing must be requested on your behalf within ten (10) days, but you do not need to personally go to the DMV. Your attorney can handle setting up your Department of Motor Vehicle Administrative Per Se hearing, and they can appear on your behalf. Under some situations, it may be helpful to have you at the hearing…but even then it is possible to have you appear by phone to reduce the stress and impact on your day to day life. Your attorney can appear at the hearing without you to contest the DMV’s “evidence” and cross examine their witnesses. The defense can also call its own witnesses to the DMV hearing if appropriate.
Do I have to take a blood/breath test?
Yes. By getting a drivers’ license you have agreed to take a chemical test if asked to by a cop who believes you were driving under the influence. This is a very strict standard, and if you refuse (or the cops think you are refusing) very harsh penalties can result.
Do I have to do Field Sobriety Tests?
No. Field sobriety tests are an investigation tool used by the cops to decide if you should be arrested. The problem is, if they keep you on the side of the road doing these circus tricks long enough, they will find some problems with your performance. Field sobriety tests are seldom given correctly, and most of the time are just used to help the prosecutor get a conviction. Field sobriety tests are open to interpretation by the cops, and they usually do not take into consideration your age, weight, injuries, or even the amount of sleep you got the night or day before. Respectfully decline to take field sobriety tests.
What are the penalties for a DUI?
It depends. There are minimum and maximum penalties for DUI’s in Los Angeles County. The penalties or exposure also depend on the individual facts of the case, such as whether it is a first, second, or third offense or if there was an accident or high speeds. Usually, on a normal first offense in L.A. someone is looking at 0-180 days in jail, fines/fees/court costs of $1,500 to over $4,000, an alcohol program from three to nine months, probation for three to five years, a suspended drivers’ license, and the new requirement for an Ignition Interlock Device (IID) to be installed on your car. Depending on the facts of the case, things may get a lot worse.
What is going to happen in my case?
Call me. Each case is unique, and there are so many variables in a DUI case that you cannot know for sure. A skilled L.A. DUI defense attorney can make an educated guess about what your exposure is, but until all of the reports are reviewed and your lawyer has had a chance to talk to the prosecutor, there is no way to know for sure. If any lawyer guarantees an outcome or reduced charge, get it in writing before you hire them. No competent DUI lawyer can make a guarantee in your case.
