If you are visiting our website it is likely because you, a friend, or a family member have been arrested on suspicion of driving under the influence of alcohol and/or drugs (DUI) and are considering hiring a Los Angeles DUI Lawyer. The first thing to be aware of is that a DUI is a criminal offense. It is not an ordinary traffic violation, such as speeding, running a red light, or a cellphone violation. Also, your driver's license is at risk of being automatically suspended following a DUI arrest. If you are facing DUI charges you will want an experienced DUI attorney by your side.
HIRE AN ATTORNEY THAT SPECIALIZES IN DUI DEFENSE
It is best to have legal representation by a knowledgeable DUI attorney, one who specializes in defending DUI cases. Berglund Law Office, P.C. offers a free consultation over the phone or in person to anyone who was arrested in Los Angeles for DUI. The penalties associated with a DUI conviction can include paying very high fines and court fees, losing your driver's license, attending alcohol education classes, being required to blow into a breathalyzer (or "IID" - Ignition Interlock Device) in order to start your car, having your auto insurance premiums skyrocket or your policy cancelled, performing community labor or community service, and even spending time in jail. It is best to contact a good DUI Lawyer immediately if you have been arrested for drunk or drugged driving.
DRIVING UNDER THE INFLUENCE IS A CRIMINAL OFFENSE
If you have been arrested and charged with DUI, it is important that you understand the charges against you and what your legal rights are. California's DUI laws are complex, and sometimes severe. CONTACT our office today if you have been arrested for DUI. The last thing that you want to do is show up to Court by yourself without first speaking to an experienced DUI lawyer. Entering a guilty plea in Court and not understanding the consequences of a DUI criminal conviction may have a detrimental effect on your future. Criminal convictions can be used against you for future employment opportunities, immigration and travel visas, and child custody orders.
DUI Case Analysis
Berglund Law Office, P.C. specializes in representing individuals arrested on suspicion of DUI. You can count on us to review and investigate every aspect of the case carefully, including:
- Reviewing the arrest reports and officers' observations for any inconsistencies and inaccuracies;
- Making sure that you were not illegally stopped;
- Reviewing any dashcam and body camera videos of the incident to ensure that officers followed proper procedures and protocols for DUI investigations;
- Making sure that there was reason to believe ("probable cause") that you were actually under the influence before placing you under arrest;
- If you were given a breath test, reviewing the records of the machines that were used to determine if they were working properly;
- If you were given a blood test, making sure that all proper procedures were followed to ensure that the blood specimen was not contaminated in any way and, when necessary, having the blood retested by an independent laboratory;
- Ensuring that your constitutional rights were not violated during the DUI investigation and after you were placed under arrest;
- Negotiating with prosecutors and judges to get the charges dismissed or reduced to a less serious offense;
- Consulting with expert witnesses to review breath and/or blood test results and to testify on your behalf if your case goes to trial; and
- Preparing an effective defense to defend you at trial.
AUTOMATIC DRIVER'S LICENSE SUSPENSION
It is very important to understand the action that the California Department of Motor Vehicles (DMV) will take against your driver's license. If arrested for DUI with a blood alcohol content of .08 percent or greater, if you are on probation for a prior DUI, or if you refused to submit to the required chemical test, there will likely to be two separate actions against you: criminal charges in court and an administrative case with the DMV.
10 Days To Request Hearing
If your license was taken from you at the time of your arrest, you should have been given a temporary license that is valid for 30 days. Within 10 days of your arrest, either you or your attorney must contact the DMV and request a hearing. If this is not done, your license will automatically be suspended 30 days after your DUI arrest date. The length of the suspension will depend on a number of factors, including whether you've had any previous DUI convictions and whether or not you refused to take a breath or blood test (required by California's "implied consent" law after you have been placed under arrest for DUI). CONTACT an experienced Los Angeles DUI Lawyer immediately to learn how your DUI arrest will impact your driver's license. Berglund Law Office, P.C. will also represent you at the DMV hearing, which is a completely separate proceeding from the criminal case.
DUI CAN INVOLVE ALCOHOL, DRUGS, OR BOTH
Regular Misdemeanor DUI
The DUI laws not involving injury or death are set forth in Section 23152 of the California Vehicle Code. If your blood alcohol content (BAC) measurement is .08 or higher, as measured by a breath or blood test, you will be charged with violating Sections 23512(a) and 23152(b). If your BAC is less than .08 you can still be charged with DUI under Section 23152(a), which simply requires proof that your ability to drive was impaired due to alcohol. If officers arrested you because they suspected you were under the influence of drugs, you will be charged with violating Section 23152(e). If you were under the influence of both alcohol and drugs, you will be charged with violating Section 23152(f). The penalties for misdemeanor DUI offenses vary greatly depending on whether the driver has any prior DUI offenses. First offense, second offense, and third offense DUI's can all be misdemeanors.
DUI Involving Injury
The DUI laws involving injury can be located in Section 23153 of the Vehicle Code. A DUI with injury case can be filed as either a felony or misdemeanor. This is within the discretion of the prosecutor's office and usually depends on the seriousness of the victim's injuries. The punishment and consequences for a DUI with injury conviction are much more severe than those of a regular DUI without injury case. Having representation from a good Los Angeles DUI Lawyer is necessary in order to avoid the harsh sentence that prosecutors seek to impose on those charged with DUI with injury. CONTACT our office today for a free and confidential DUI case consultation.
DUI MARIJUANA PROSECUTION
In light of the legalization of recreational marijuana, the Los Angeles Police Department and other law enforcement agencies are on heightened alert for drivers that have used marijuana. More officers are being trained in drug recognition and how to notice the objective symptoms of drug impairment. Nevertheless, if you have a good DUI Lawyer on your side it can be difficult for prosecutors to prove DUI drug cases in court. Visit our DUI Marijuana, DUI Prescription Drugs, and DUI Illegal Drugs pages for more information on non-alcohol DUI cases. If you are facing DUI charges CONTACT a skilled Los Angeles DUI Lawyer today.
CONTACT DUI LAWYER ROBERT D. BERGLUND TODAY - FREE CONSULTATION
Any lawyer that tells a client to plea guilty to a DUI before all the evidence and facts are studied is a "dump truck" lawyer and should not be handling DUI cases. If you are arrested for DUI you will receive letters in the mail from a lot of attorneys claiming to offer "cheap" rates to represent you in your DUI case. Do not select a DUI lawyer based on price alone. DUI attorneys charging these discounted rates will appear with you one time in court, at the arraignment, get the opening plea bargain offer from the prosecutor, and tell you to plea guilty and accept the terms offered. They are only concerned with making an "easy" dollar, they are not concerned about getting you the best outcome to your case.
Individual DUI Case Assessment
Every DUI case is unique and the strength and weakness of your case will depend on your particular facts. However, your chances of successfully challenging DUI charges against you are much better if you are able to hire an experienced Los Angeles DUI Lawyer. DUI cases are aggressively prosecuted by the Los Angeles City Attorney, Los Angeles County District Attorney, and other prosecuting agencies in Los Angeles County.
DUI cases are much more complex than most criminal cases. They involve scientific evidence, such as how alcohol and drugs interact with the human body, and how breath testing equipment and blood analysis tests work. Certain defenses or circumstances may entitle you to a suppression of evidence, dismissal of the charges, or reduced charges or penalties. The police may not have had a legal reason to stop your car or may have lacked probable cause to place you under arrest. There may have been an error with the BAC testing procedure or you may have credible witnesses who observed your behavior and can testify that you did not appear intoxicated. Speaking with a good DUI lawyer following a DUI arrest is absolutely necessary in order to understand the legal and administrative processes that you will be facing. Time is of the essence due to the quick action that will be taken by the DMV if you do not request an Administrative Per Se hearing within 10 days.
DUI Lawyer Robert D. Berglund is a criminal justice attorney focusing on DUI defense and Vehicle Code offenses. He personally works with each and every client to zealously represent them in both the criminal case and at the DMV hearing. Serving all courts in Los Angeles and San Bernardino counties, if you have been arrested for DUI call Berglund Law Office, P.C. today at (877) 667-1205 or fill out the form on our CONTACT US page for a free and confidential DUI consultation. Mr. Berglund will personally return your phone call. CONTACT our law firm today if you need our help with your DUI case.