Facing a DUI charge is stressful. A conviction can lead to serious fines, but the possibility of jail time and the social ramifications can be even more challenging. The best course of action is working closely with an experienced DUI attorney who is well acquainted with the Inglewood Courthouse – serving both the Inglewood and Hawthorne areas – including having a solid working knowledge of its procedures, preferences, and policies and having close working relationships with the judges, prosecutors, and staff. How well your DUI lawyer knows the ins and outs of the Inglewood Courthouse can make a significant difference in the outcome of your case, which makes it an important consideration when you are seeking an experienced DUI lawyer near me.
The Inglewood Courthouse
While the law as it relates to DUI charges is the law, this does not mean that the practices and procedures for DUI cases are implemented exactly the same way throughout the State of California – or even throughout the greater Los Angeles area. The truth is that every courthouse has its own ways, and the prosecutor trying your case has his or her own systems in place when it comes to handling DUI cases. The closer your criminal defense attorney’s knowledge of how things work in the Inglewood Courthouse – where your case is being tried – the better positioned you’ll be to negotiate its best possible resolution. While the playing field should be level when it comes to criminal charges, the truth is that if your lawyer has put in his or her time at the Inglewood Courthouse, it can pay off in terms of your case outcome.
Implied Consent and Breath Tests
The fact is that, when you drive, it implies your consent to take a breath or blood test – but this only applies if you are arrested for DUI. If you have not been arrested, it is your right to deny the breathalyzer, but this move can lead to an automatic driver’s license suspension and to harsher legal penalties in the long run. An important point that needs to be made regarding the portable breath test machines that officers use on the side of the road is that they are not permissible in court due to issues related to inconsistent results. If you blow over the legal limit (.08 percent blood alcohol content), however, the officer has probable cause to arrest you for DUI, and if you are arrested, you are required to take a breath or blood test.
Traffic Stops and Reasonable Suspision
In the State of California, an officer needs reasonable suspicion – or a legally sufficient reason – for pulling you over in the first place. Police officers, however, have considerable discretion regarding the matter, and any of the following will do the trick:
- If you roll through a stop sign or break any other traffic law
- If you have a headlight or taillight out
- If your license plate stickers aren’t current
In other words, it doesn’t take a lot to be pulled over. To have probable cause to test your breath at this point, however, the officer must have reason to believe that you may be impaired (unless the underlying cause of the traffic stop was erratic driving that can be indicative of impaired driving in the first place).
Your Driving Privileges
You have only 10 days (including weekends and holidays) from the day of your arrest to request a DMV hearing, which is the only way to circumvent a mandatory license suspension. This hearing is a fairly informal process in which the hearing officer will not only act as the prosecutor but will also make the final decision regarding your case. A DUI conviction in the State of California results in the following driver’s license suspensions:
- If the offense is your first, your driver’s license will be suspended for 4 months.
- If the offense is at least your second in the course of 10 years, your driver’s license will be suspended for a full year.
- If your preliminary alcohol screening (PAS) test revealed a BAC of .01 percent or higher, your driver’s license will be suspended for a year.
Under these circumstances, having a criminal defense lawyer on your side from the outset is in your best interest.
If you refused to take a breath test, your driver’s license suspension could be enhanced considerably.
Fines and Penalties
The fines and penalties you face with a first DUI conviction are considerable and include the following:
- You can be sentenced with fines from $390 to $1,000, but the penalty assessments that are tacked on can increase the total amount you owe significantly.
- A first offense has the potential to carry from 48 hours to six months in jail, but first offenders generally receive informal probation in lieu of jail time.
- Probation for a first offense is typically set for a three-year term, and it generally entails completing three months in DUI school, which includes 30 hours of classes.
Social Consequences
Because your DUI conviction is a matter of public record, there are – in addition to the fines and penalties you face – serious social consequences to consider, including:
- A conviction can make renting a home or obtaining a home loan difficult.
- A conviction can hamper your job search.
- A conviction can negatively affect your professional licensure.
- A conviction can make advancing your education with a federal student loan impossible.
The consequences of a DUI conviction are simply too great to forego professional legal counsel.
Turn to an Experienced DUI Attorney near Me for the Legal Help You Need
If you are facing a DUI charge, Mark Rosenfeld at the Law Office of Mark Rosenfeld is a practiced DUI Lawyer with an impressive track record at the Inglewood Courthouse – serving the areas of both Inglewood and Hawthorne. The strong working relationships he’s forged here – along with his familiarity with how the courthouse operates – serve his clients well. We are on your side and here to help, so please do not hesitate to reach out and contact or call us at 310-424-3145 for more information today.
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