Criminal Penalties for a California DUI

In addition to the loss of driving privileges that can result from a DUI, California criminal penalties can be imposed as well. It is a crime to either drive a vehicle in California if you are under the influence of drugs or alcohol, or to operate a vehicle if your blood alcohol content is over .08 percent. You can be charged with a violation of either or both of those crimes if you drive while under the influence of drugs or alcohol.

A DUI in California is typically a misdemeanor. A felony DUI can involve possible jail time. A DUI becomes a felony if it involves injury to another person, it’s the fourth (or higher) DUI conviction in the past 10 years, or if there are prior felony convictions involving drinking while intoxicated. The amount of jail time depends on a lot of factors, including your driving record, your BAC, whether injuries to people or property occurred, and who your judge is.

The penalties involved depend greatly on whether this is your first DUI conviction or a subsequent conviction. A first conviction of a misdemeanor DUI usually results in alcohol education classes, a driver’s licenses suspension, a fine, probation, and / or two days in jail. The penalties go up from there for subsequent DUI convictions within a 10 year period.

No one wants a criminal record. If you have been charged with a DUI, you have rights. You need an experienced California DUI attorney to explore all possible defenses. If you or someone you know has been charged with a DUI, contact the Law Offices of Lawrence Wolf today at [number type=”1″] for a free consultation.

Civil Penalties for a DUI in California

The civil penalties for a DUI in California vary, depending on several factors. Your driver’s license can be suspended or revoked for a certain period of time. If you are older than 21, and you took a blood, breath, or urine test, and the test showed a blood alcohol content (BAC) level of .08% or higher, your license will be suspended. If it is a first offense, your license will be suspended for four months. For a second or subsequent offense within 10 years, your license will be suspended for a year. If you are under 21 and your BAC was .01% or more, your license will be suspended for a year.

According to the Department of Motor Vehicles, if you refused to take a blood, breath or urine test after being requested to do so by a police officer, the first offense will result in a one-year suspension of your license. A second offense within 10 years will require a two year suspension, and a third or subsequent offense will result in a three year suspension.

It is possible to receive a restricted license to travel to and from work and a DUI treatment program. It requires you to show proof of enrollment in a California DUI treatment program, proof of financial responsibility and a fine.

No one wants to have a DUI or a suspended or revoked license on his or her driving record. The aggressive criminal defense attorneys at the Law Offices of Lawrence Wolf can help you in dealing with not only the criminal penalties involved in a DUI, but also the DMV penalties as well. Contact a California DUI attorney today to learn more about protecting your rights by calling [number type=”1″].

How to Choose a Los Angeles, California DUI Attorney

DUIs are one of the most common criminal charges in the U.S. Once you get charged with aDUI in Los Angeles, you need to contact a DUI attorney in LA County immediately. How do you pick a DUI attorney?

Before choosing a Los Angeles DUI attorney, do your research. Utilize the Internet or yellow pages to compile a list of law firms who handle DUIs in your area. In addition, ask family and friends for any recommendations. Call each firm to see which individual attorney handles the DUIs. After making the list, check with the state bar association to see if that attorney has any complaints or disciplinary actions outstanding. Check websites like avvo.com to see if each attorney has any feedback from clients. Visit each attorney’s website. Does the attorney represent clients in a wide variety of cases, in addition to DUIs? If so, he or she may not keep up to date on changes in the law as they occur; however, this may not always be the case.

Once you have narrowed down the list of potential attorneys, call each attorney to discuss your case. Have a list of questions prepared in advance. In addition to your questions, find out what specialized DUI training the attorney received. How many DUI trials has the attorney handled? What is the typical outcome?

At your meeting with each attorney, determine who makes you feel the most comfortable. Does the attorney seem eager to help? Does the attorney inspire confidence in his or her abilities? Does the attorney seem knowledgeable about the subject matter? Is the attorney really listening to you?

If you are in search of a caring, knowledgeable and aggressive DUI attorney in Los Angeles, contact the Law Offices of Lawrence Wolf. Our attorneys have worked on a wide variety of DUI cases and would love to speak with you about your case. Call us today for a free consultation at [number type=”1″].

How to Proceed Once Stopped for a DUI

If you are pulled over in California and you have been drinking, it is important to know how to proceed once stopped for DUI. First of all, pull over safely to the side of the road. Be polite to the police officer. If the police officer asks you questions, it’s fine to say that you would like to speak with an attorney. You may also wish to explain that you had one or two drinks, which would not typically cause intoxication, in order to explain a beer or alcohol smell; however, this is not completely necessary.

The police officer may wish to administer field sobriety tests. These include standing on one leg, walking heel to toe, stating the alphabet, and following a penlight with your eyes, among others. You are not legally required to submit to field sobriety tests. Doing so could result in the police officer obtaining additional evidence that could be used against you.

The police may also choose to ask you to take a chemical test. Under California law, a person who is operating a motor vehicle within the state gives consent to a chemical or breath test to determine blood alcohol content. If you refuse to submit to the chemical test, your license will be revoked for one year, even if you are found not guilty of the California DUI charge. You do not have the right to consult with an attorney before being arrested.

If you are arrested or taken into custody on the suspicion of a DUI, contact an experiencedLA DUI attorney immediately. The attorneys at the Law Offices of Lawrence Wolf have widespread experience in the area of California DUIs. Contact us today at [number type=”1″] for a free consultation. We can help you explore your rights in defending yourself against a DUI charge.

Tips on Avoiding a DUI in Los Angeles

Obviously, one of the best tips on avoiding DUI in Los Angeles is to never drive if you have been drinking or using prescription or illegal drugs. There are also factors to keep in mind when calculating the effect alcohol has on your body. In general, women metabolize alcohol more quickly than men. In addition, the more a person weighs, the speed in which alcohol is consumed, and the amount of food or liquids consumed while drinking greatly affect the way the body processes alcohol. In particular, foods with a higher fat content cause the body to metabolize alcohol more slowly.

Most California checkpoints looking for DUIs occur between the hours of 7 p.m. and 3 a.m. Other than checkpoints, most California DUIs are discovered either because the driver was driving erratically, speeding or breaking traffic rules. DUIs are often commonly discovered when a vehicle is pulled over for a minor infraction such as a malfunctioning tail light or an expired tag, so keep your vehicle in good working condition.

If you are pulled over, pull safely to a secure location. Always be polite. Assume that any actions you take could be recorded or observed for future use in court.

If you are arrested for drunk driving in California, you need excellent legal representation. DUIs can have a negative impact on your life for months or years into the future. You need to get in touch with a dedicated Los Angeles DUI attorney who will explore all your options and help you craft the best defense possible. Contact the Law Offices of Lawrence Wolf at [number type=”1″] today for a free consultation of your DUI case.

Top LA Budget Official Charged With DUI

Drunk-driving charges have been filed against Los Angeles County’s City Administrative Officer, the top budget adviser at Los Angeles City Hall. An LA Times article reports that the suspect was arrested in Covina on March 26, 2010 while driving home from a charity event. According to the Los Angeles District Attorney’s office, the defendant had a blood alcohol of 0.15%, nearly twice the legal limit. He was initially stopped for speeding, but was ultimately arrested after failing a field sobriety test. He is presently scheduled to be arraigned on one misdemeanor count each of driving under the influence and driving while having a blood-alcohol level of higher than .08 percent.

In the State of California, a law enforcement officer must have a reason to pull a driver over. In order to arrest you for a California DUI, an officer must have credible or probable cause to do so. “Probable cause” means a sensible belief that criminal activity is or was occurring.

Therefore, in order to stop or arrest you for a California DUI, an officer must have a rational suspicion that criminal activity is or was happening. Probable cause must exist at each stage: the initial stop, the ensuing investigation, and the ultimate arrest. If you retain a Los Angeles DUI defense attorney that can prove that probable cause didn’t exist during any one of these stages, your DUI charges could be reduced or dismissed, and certain evidence excluded from trial.

DUI Checkpoint Leads to Four Arrests in Fontana

During a drunk driving checkpoint staged in Fontana, California on the weekend of May 1-2, four motorists were arrested and charged with driving under the influence of alcohol or drugs. An article in The Sun mentions that police have reported that during the 7.5 hour period in which the checkpoint was in place, 1,656 vehicles passed through the checkpoint and 187 vehicles were stopped. In addition to the four DUI arrests, 153 citations were issued for other offenses, ranging from basic traffic violations to outstanding warrants.

An increasingly prevalent law enforcement practice used to detect impaired drivers is the sobriety checkpoint. An experienced San Bernardino DUI defense attorney can determine whether a sobriety checkpoint was lawfully conducted and, in instances where police did not follow proper protocol, challenge the validity of a defendant’s arrest. The U.S. Supreme Court case of Michigan Department of State Police vs. Sitz set forth the basic guidelines that now govern police in the establishment of sobriety checkpoints. If such guidelines are not followed by law enforcement officials, any evidence gathered may be suppressed.

Compton DUI Hit-and-Run Suspect Arrested

A man who allegedly struck and killed a 16-year-old girl and severely injured another girl has been arrested for DUI hit-and-run. According to a Contra Costa Times report, the arrest stems from an accident that occurred in Compton, California in which two young women were allegedly struck by a Mercury Voyager driven by the suspect at 12:40 am. The driver immediately left the scene but was later apprehended by police. According to the police, the suspect appeared drunk and failed a field sobriety test.

If you are facing a hit-and-run charge accompanied by a DUI charge, it is essential that you retain a competent, experienced Los Angeles DUI attorney. Leaving the scene of an accident can be attributable to acute stress response (ASR), and is recognized as a natural survival mechanism. However, in California, leaving the scene of a car accident is a serious criminal offense with harsh potential penalties. It is important that a judge and/or jury understand the appropriate context surrounding a defendant’s flight from an accident scene.

Cases involving hit-and-run accidents while under the influence of alcohol typically consist of multiple offenses, especially where a fatality is involved. Therefore, it is essential for a person charged with these offenses to seek immediate legal representation from a quailed DUI defense lawyer. At the Law Offices of Lawrence Wolf, our attorneys are able to immediately evaluate the cause(s) of the accident, the reliability of the BAC testing and reported levels, probable cause for BAC testing and a host of other issues that may arise in a DUI case. Call [number type=”1″] for a free consultation. Our attorneys have achieved quality results for our clients charged with DUI hit-and-run, and are available to speak with you today.

Long Beach Man Faces Vehicular Manslaughter Charge

A Long Beach man faces a gross vehicular manslaughter charge in California after his car struck and killed a person riding a bike in Carson, California. The Los Angeles sheriff’s department has reported that the suspect was intoxicated. Based on a Press-Telegramarticle, the incident occurred on the evening of Saturday, April 17. The victim was pronounced dead at the Long Beach Memorial Medical Center.

Gross vehicular manslaughter while intoxicated is one of the most severe offenses that someone who is accused of driving under the influence of alcohol can be charged with. If convicted, a defendant faces anywhere from probation to ten years in a California prison. In order for the prosecution to prove this crime in the state of California, under Penal Code section 191.5(a), they must demonstrate the following:

  1. A person drove under the influence of alcohol or a drug, or the combined influence of alcohol and a drug, or drove while having a blood alcohol level of 0.08% or higher; and,
  2. While driving under the influence, the person also committed either a misdemeanor or a driving infraction, or a lawful act that might cause death; and,
  3. The person committed a misdemeanor or some infraction or lawful act that might cause death with gross negligence; and,
  4. The defendant’s grossly negligent conduct caused the death of another person.

DUI Suspect Hits Traffic Light, Resulting in Pedestrian Death

Two suspects have been arrested following a crash in mid-city Los Angeles in the early hours of Monday, April 12, 2010. The first suspect allegedly crashed into a traffic signal at the corner of Western Avenue and Pico Boulevard, causing the signal apparatus to fall and hit a pedestrian. The pedestrian was pronounced dead at the scene. Police officers believe that the driver may have been under the influence of alcohol or drugs. Toxicology results are pending.

The second suspect was arrested for an alleged carjacking at the scene of the aforementioned accident. As a woman left her car, with the keys inside, to assist the accident victim, another suspect stole the abandoned car before being apprehended only blocks from the scene. The suspect has been taken into custody, and the car returned to its owner.

If you have been charged with DUI and/or vehicular homicide, it is important to retain an experienced criminal lawyer immediately. Experienced Los Angeles DUI criminal defense attorneys can advise you of your rights and provide you with the best possible defense for your specific case.