Laws regarding driving while intoxicated (DWI) and driving under the influence (DUI) are understandably strict and severe. And they should be, as there are hundreds of thousands of DUI arrests and approximately 1,500 fatalities per year in California alone. And with Los Angeles being such a populous city, it is understandable that a large percentage of these arrests and fatalities take place in and around the city limits. But not everyone arrested for DUI deserves a severe punishment and the consequences on family, friends and others. For this reason, if you are charged with an alcohol-related offense, be sure to retain the Top Dui Lawyers In Los Angeles to protect your rights.
In 2011, California joined various other states by allowing the Department of Motor Vehicles (DMV) to immediately suspend the license of any driver suspected of driving under the influence. This “Admin Per Se” allows law enforcement to confiscate a suspect’s license, send it to the DMV, where it is held until either (i) a legislated amount of time passes or (ii) the charge is deemed meritless at a hearing.
DUI is defined as any of the following blood alcohol concentration (BAC) percentages:
And in addition to alcohol, California’s DUI laws include (i) excessive amounts of drugs with alcohol in them (such as cough syrup), (ii) prescription medication and (iii) over-the-counter medication.
The Top Dui Lawyers In Los Angeles also understand that preventing a conviction is important because DUI convictions stay on your driving record for ten years.
And DUI penalties, which depend on various mitigating factors, such as age, type of license and prior convictions, may include: (i) Admin Per Se license suspension, (ii) criminal license suspension, (iii) fines, (iv) jail time or community service, (v) DUI school, (vi) installation of an ignition interlock device (IID), and (vii) SR-22 filing.
The law frowns upon your refusal to take blood alcohol tests and, as a result, imposes severe penalties for this ultimately convicted. By way of example, licenses will be (i) suspended for one year for a first offense, (ii) revoked for two years on a second offence and (iii) revoked for three years for a third offense.
For those under age 21, California imposes a “Zero Tolerance Law” which means that any amount of alcohol (specifically, 0.01% or higher) found in drivers younger than 21 years old means (i) license suspension for 1 year (under the Admin Per Se Laws), (ii) criminal charges, (iii) DUI school and/or (iv) hundreds of dollars in fines.
When it comes to those over age 21, the penalties are also severe. For a first offence, drivers face (i) immediate license suspension per the state's Admin Per Se policy for at least 4 months, (ii) up to 6 months in jail, (iii) up to $1,000 in fines, (iv) $125 fee for license reissue, (v) installation of an ignition interlock device, (vi) DUI program and/or (vii) SR-22 filing.
As you commit more violations under California’s DUI laws, you face harsher penalties.
There are certain things that people are not likely aware of when it comes to DUI arrests in California, which also makes it vital to retain top Dui lawyers. These include the following: