DUI, DWI, & Criminal Defense in Los Angeles, CA

Most people arrested for a DUI or DWI in California believe the best thing to do is resolve the case as quickly as possible because the odds of beating it are stacked against them. However, this approach can significantly hurt you in the long run. Rather than walking into court and accepting the prosecutor’s first offer, which could have life-altering consequences, let Hunter Legal Group fight to get you the best result possible. DUI cases have many moving parts that need to be carefully examined, such as:

• The Traffic Stop: Did the officer have proper grounds for stopping you? Were your rights violated?
• Procedure: Did the officer gather information and evidence in the proper manner?
• Field Sobriety Tests: Did the officer conduct these tests properly and were they evaluated correctly?
• Breath Tests: Is there something that interfered with the breathalyzer such as a medical issue, a foreign substance, poor equipment maintenance, or an equipment malfunction?
• Blood tests: Was the blood test accurate? Did the time in between the initial police stop and the blood test cause your blood alcohol level to register higher than when you were driving?

In California, prosecutors charge alcohol DUIs under two different code sections: Vehicle Code Sections 23152(a) and 23152(b). Depending on the reason for the arrest, a person may be charged under one or both sections.

Charges

If you’ve been arrested for driving under the influence of alcohol, generally you will be charged with violations of both 23152(a) (Driving Under the Influence of Alcohol or Drugs) and 23152(b), if your blood alcohol level is .08 percent or more while driving.

Arrest

Generally, arrests for DUI happen after a traffic stop or DUI checkpoint. An officer will ask you to perform a series of field sobriety tests and blow twice into a preliminary alcohol screening device (a “breathalyzer.”) After the officer makes an arrest, they will transport you to the jail where they will ask you to take an additional test. This may be another breath test or a blood test. It is required by law that you take this test. If you refuse to take it, both the court and the DMV may impose much harsher penalties.

For most DUI arrests, you will be released from jail a few hours after your arrest and booking. You will be given a future court date for which you must appear (unless you hired an attorney who, in most cases, will be able to appear before the court without you actually being present.) If you are being charged with a felony DUI, you will probably need to post bail before you are released.

Contacting the DMV

After you are arrested, it is vitally important that you act quickly. You have ten days from the date of your arrest to contact the DMV and schedule a hearing. At the hearing, you may contest the arrest and the pending license suspension. If you fail to contact the DMV within 10 days, you forfeit your right to a hearing and your license will be suspended. At Hunter Legal Group, we can schedule the DMV hearing for you as long as you contact us before your 10 days are up. Once we have scheduled your hearing, the DMV is required to send a copy of the police report and your blood alcohol results prior to the hearing. We can review these documents with you and look for any problems or inconsistencies within the report.

It is extremely important that you contest your arrest with both the DMV and the court. Many times, there are inconsistencies in the police report or we discover that the breathalyzer used was calibrated incorrectly and provided a falsely high blood alcohol level. Don’t wait. Get Hunter Legal Group to examine your case today.

The Court Process

In most cases, we will be able to appear in court without you being personally present at the hearing. As soon as we have finished with the court, we will call you, notify you of the results of the hearing and (if necessary) your next court date, and answer any questions you may have. For most DUI cases, there will be multiple court dates during which we will file motions, collect evidence, and negotiate with the prosecutor. Often, we will be able to reduce your charge from a DUI to a “wet and reckless” or even obtain a complete dismissal of the charges. If we do reach a deal with the prosecutor’s office and it is agreeable to you, we can execute a plea without you even having to be present.

If a settlement is not reached, we will then discuss your options for trial and possibly set a date for the trial to begin. A typical trial in a DUI case usually takes between 3-5 days. In certain cases, we are able to negotiate a deal with the prosecutor’s office once the case is set for trial because the prosecutors start examining their case as carefully as we have from the beginning. Often, they finally recognize inconsistencies that we have been showing them throughout the entire process.

Driving Under the Influence (Drugs)

When you are arrested for driving under the influence of drugs, the prosecutor will usually only charge you with a violation of VC 23152(a). Unlike a DUI for alcohol, there is no DMV hearing associated with this crime. A charge of driving under the influence because of drugs is an extremely serious charge that could carry grave consequences. It takes an experienced attorney to look over the many complicated issues associated with this charge.

California law defines “drugs” as any substance other than alcohol that could affect your brain, muscles, or nervous system. If these drugs impair you to the point that you can no longer drive like a sober person under similar circumstances, prosecutors will likely charge you with driving under the influence of drugs.

As long as a drug affects your brain, muscles, or nervous system, you can be prosecuted for driving under the influence of drugs. This includes illicit drugs (like cocaine), prescription drugs (like Vicodin, oxycodone, and marijuana), and certain over the counter drugs (like Tylenol PM.)

Arrest Differences

There are several notable differences to note when you are charged with a DUI for alcohol vs. a DUI for drugs. If an officer believes you are under the influence of drugs rather than alcohol, a Drug Recognition Expert (or “DRE”) will do the investigation before the arrest. This could be the officer who made the initial stop or it could be an additional officer called to the scene. If the DRE believes you are impaired because of your drug use, the police will arrest you and generally take you to jail for a blood test to determine what drugs are present in your system.

The Court

DUI cases involving drug use are significantly harder for a prosecutor to prove because there is no magic number that shows you were under the influence when driving. However, prosecutors do not give up easily and will still try to get a conviction. You will need an experienced attorney to closely examine your case and discuss with you the best course of action.

Penalties for Driving Under the Influence

In California, driving under the influence of alcohol or drugs is a misdemeanor unless:

1. It is your fourth DUI in 10 years
2. You have a prior felony DUI conviction
3. Your DUI caused an accident involving serious injuries
4. Your DUI caused someone’s death

If you are charged with a first-time misdemeanor driving under the influence charge, the penalties can be:

1. Three to five years of summary probation
2. Up to six months in county jail
3. Fines between $390-$1000 plus penalties and assessments (this can total to more than three times the base fine.)
4. A three, six, or nine month alcohol education class
5. A six to ten month license suspension (this can be converted to a restricted license.)
6. Installation of an Ignition Interlock Device (“IID”) in your vehicle.

If you are charged with a second or third misdemeanor DUI, the penalties can be significantly increased. Most counties have a minimum amount of mandatory jailtime you must serve if you are convicted. For your second offense, the minimum amount of time you must spend in jail is 96 hours. For your third offense, it is 120 days. In addition, the court will require you to complete an 18 month alcohol education class.

If you are charged with a felony DUI, the penalties can be:

1. Sixteen months, 2 years, or 3 years in California State prison,
2. Fines between $390-$1000 plus penalties and assessments (this can total to more than three times the base fine.)
3. A four-year California license revocation
4. A designation as a “Habitual Traffic Offender” with the California DMV, which greatly increases your penalties if you are convicted of driving with a suspended license.

These penalties only apply to felony DUIs with no injuries. If an injury occurred, the total prison time is likely to dramatically increase. A DUI with injury can also possibly count as a strike on your record.

Wet Reckless

If you’ve been charged with a DUI but your BAC was relatively low, the prosecution may consider resolving your case by allowing you to plead to a reduced DUI charge. “Wet reckless” (VC 23103/23103.5) is one of the most common reduced DUI charges. There are several notable differences between wet reckless and DUI:

1. A conviction from wet reckless is not a DUI conviction and therefore has different consequences with employers or licensing agencies than a DUI would have. Further, you can honestly state that you’ve never been convicted of DUI and only a reckless driving conviction will appear on your criminal background check. This can make a huge difference.
2. Unlike a DUI, a wet reckless conviction will not automatically trigger a license suspension or the installation an Ignition Interlock Device (IID). However, the DMV may still issue an administrative driver’s license suspension even if you aren’t convicted of DUI. In addition, wet reckless convictions will add to points to your driving record.
3. The fines associated with wet reckless are generally significantly lower than fines for a DUI.
4. The maximum jailtime for a wet reckless conviction is 90 days, whereas a first-time conviction for DUI carries a maximum sentence of six months in county jail.

Contact Us

If you or a loved one has been arrested for any DUI charge, contact Hunter Legal Group today at (424) 388-0169 or by filling out the form below.