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DUI/DMV
What You Need to Know if Arrested for DUI
What Constitutes Driving Under the Influence?
What Do DUI Charges Entail?
What are other effects of DUI charges?
What should I know about breathalyzer tests?
What happens to under-21 drivers arrested for DUI?
What You Need to Know if Arrested for DUI
Any Los Angeles DUI lawyer will attest that driving under the influence is one of the few charges that affects nearly every segment of the population, since it’s quite common for many people who get behind the wheel to believe that they are sober enough to drive, no matter how much or how much they had to drink. Despite how common these charges can be, California law mandates severe punishments for anyone convicted of driving under the influence, thus the services of an experienced DUI attorney are required for anyone facing these charges.
What Constitutes Driving Under the Influence?
Although the common term is “drunk driving,” Los Angeles DUI lawyers will certainly attest that these charges encompass far more than simply driving under the influence of alcohol. These charges can encompass driving while under the influence of illegal drugs, or even legal ones, since many prescription drugs can be as intoxicating as alcohol. One should never assume that it is legal to drive on a substance simply because it was prescribed by a doctor instead of served by a bartender.
What Do DUI Charges Entail?
When a person is charged with a standard, alcohol-related DUI, the defendant will usually be charged with California Penal Code sections 23152(a) and (b). The first section is the standard, all-encompassing prohibition against driving under the influence of alcohol or drugs. Section (b), however, specifically states that it is illegal to drive with a blood alcohol content of .08 or over. A conviction under either section (a) or (b) will suffice, but savvy Los Angeles drunk driving attorneys can mitigate the effect of a conviction by negotiating a plea deal that allows a conviction on one but an acquittal on the other.
What are other effects of DUI charges?
One of the most daunting effects of a DUI charge is a suspended license. Any person arrested for driving under the influence of alcohol faces an imminent suspension, and thus must face both criminal and DMV proceedings. This is why it is imperative to hire a skilled DUI defense attorney immediately after arrest. Within ten days either the defendant or his lawyer must request a hearing to determine whether the defendant’s license will be suspended. This is independent of any criminal charges, and relies almost completely on complex technical and legal grounds that only a DWI attorney has the skill to handle. If no one requests the hearing, the license is automatically suspended, which has severe consequences for anyone who lives and works in southern California.
What should I know about breathalyzer tests?
If a person is arrested for driving under the influence, he or she will be given the option of either a breathalyzer, blood or urine test to determine the amount of alcohol in the system. In cases where Los Angeles DUI lawyers secure acquittals for clients, it is often based on showing that the test was improperly administered, the device was faulty, or there were other abnormalities that render the test inadmissible as evidence. It is never a good idea to refuse a breathalyzer test. The consequences for refusing to submit to a breathalyzer test, or the equivalent blood or urine test, are severe, including a mandatory one year license suspension from the DMV and often a jail sentence.
What happens to under-21 drivers arrested for DUI?
Experienced DWI attorneys will note that DUI charges differ from most criminal charges in that the punishment for younger offenders is far more severe than for more mature ones. Since alcohol consumption is forbidden for those under 21, the consequences of an alcohol-related DUI are far more severe for those under that age. Instead of a .08 blood alcohol content, a person under 21 can be charged with a DUI for having a mere .01 content. This means essentially any alcohol in one’s system is forbidden, thus any person not yet 21 who is charged with a DUI should immediately consult a DUI defense attorney to fight a drunk driving charge.
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