Getting a DUI in Los Angeles means you'll likely be arrested and detained by the police for at least several hours. It's a scary situation. Prosecutors often push hard for DUI convictions. You could face thousands of dollars in fines and fees, as well as classes and community labor work. The court might also add extra costs. A DUI conviction could even mean jail time in some circumstances and for repeat offenders.
If you're facing a DUI charge in Los Angeles, reach out to Berglund Law Office, P.C. today by submitting our CONTACT form or calling (877) 667-1205, Get a free consultation right away.
Initial Contact With Police Officers
You might get pulled over or go through a DUI checkpoint. If an officer stops you, they'll look for signs you've been drinking.
They'll check your eyes, smell for alcohol, listen for slurred speech, and look for drinks in your car. If they think you've been drinking, you'll be asked to get out of your car. You'll be asked to do field sobriety tests, including a portable breathalyzer/preliminary alcohol screening (PAS) test. The officer will use these tests to decide if they have probable cause to arrest you for DUI.
DUI Arrest in Los Angeles
After being arrested, the police will take you to a hospital or police station. You'll have to complete a breath or blood test to check your blood alcohol content (B.A.C.). If the breath test is .08 percent or greater B.A.C., the officers will take away your driver's license. Blood test results aren't available immediately but if the officers suspect that you are a .08 percent or greater, they will also take your license. California's implied consent law requires you to submit to a chemical test if arrested for suspicion of DUI. Refusing these tests can lead to more penalties under California law.
License Suspension
After your license is taken, the DMV will start the suspension process. The arresting officers will have provided you with a temporary license when they took away your regular driver's license. But this is only good for 30 days. You have 10 days from your arrest to ask for a hearing. A hearing gives you an opportunity to contest the suspension and to review the evidence against you. If you don't request this hearing, your license will be suspended for at least four months for a first time DUI offense. If you have prior DUI convictions, or refused to submit to a test after being arrested for DUI, the suspension will be longer.
Administrative Per Se (APS) Hearing
If you ask for a hearing, it is usually scheduled within 2 to 3 months of the DUI arrest date. You can also ask for a "stay" of the license suspension during this time. This means that your license will not be suspended 30 days from the arrest date. It will remain valid while the hearing is in pending status. A Los Angeles DUI attorney can represent you at the APS hearing. CONTACT our office to for a consultation to discuss your DUI arrest.
Criminal Court Case
The criminal charges filed against you are completely separate from the DMV Administrative Per Se hearing proceedings. There are a number of different possible outcomes that my occur in the criminal case. The case could be dismissed if the evidence is not good enough to lead to a conviction. It could also be dismissed if the Judge finds that there were Constitutional violations involved, such as the officers not having a lawful reason to pull over your vehicle. Many DUI cases are resolved by plea bargain agreement. Sometimes a Los Angeles DUI lawyer can get the prosecutor to agree to reduce the DUI to a less serious charge, such as reckless driving. If the case is not dismissed or resolved by plea bargain agreement, a jury trial will be held. A 12-person jury will listen to the evidence and decide whether the person accused is guilty or not guilty.
Penalties for DUI Convictions
The penalties for a DUI depend on your case's details and how many prior DUI convictions you have. Penalties for DUI charges include:
- Mandatory DUI education classes;
- Cal Trans or other Community Labor;
- Jail time; and
- Fines and court assessment fees.
The severity of these penalties can vary. This depends on several factors, including:
- Whether or not you are under 21 years of age;
- If you have previous DUIs on your record;
- Your refusal to comply with a chemical test after your arrest;
- If your were involved in an accident and someone was injured or killed;
- Having an underage passenger in your vehicle at the time of your arrest
These factors can greatly impact the sentence that you received.
Other Consequences of a DUI Conviction
A DUI conviction isn't just about going to classes, paying fines, or serving a jail sentence. It can change your daily life. For example, losing your license can make commuting to work hard, affecting your income. Also, a DUI can increase your insurance costs. This makes driving more expensive even after you get your license reinstated. A DUI criminal conviction can also limit your job and professional opportunities.
Contact a Los Angeles DUI Attorney
DUIs are serious charges that can last for years. But you have the right to an attorney. The state will try hard to convict you, but you deserve a defense.
With a good Los Angeles DUI Lawyer, you might get a lighter sentence or even have the charges dropped. CONTACT Berglund Law Office, P.C. today at (877) 667-1205 for a free and confidential consultation.
