Under California law, a DUI (or driving under the influence) is seen as a criminal offense that can result in very serious legal penalties. The problem that most people have is that they take DUI charges lightly which is ill advised as a conviction for DUI is a life-altering consequence, both legally and socially.
What are some of the legal consequences an individual can face as a result of a DUI conviction?
As the severity of punishment dealt to DUI offender is harsh, persons arrested for DUI should talk with an experienced DUI attorney before making the decision to plead guilty in court. A DUI attorney can review the evidence and see what legal challenges can be made so as to exclude evidence and/or beat the charge at trial.
Now, DUI is short for driving under the influence whether it is drugs or alcohol. Whenever a person is suspected of a DUI, they may be asked to take a preliminary breath test after being stopped by police. If this device registers a .08 percent or higher, the police will likely place the individual under arrest on suspicion of a DUI pursuant to Vehicle Code 23152. There are two offenses under Vehicle Code 23152 that are associated with the DUI:
Driving while impaired either by alcohol or drugs. The offense is according to the person’s incapability to correctly drive a vehicle because they are impaired.
This is recognized as “per se” offense and centers on the offender’s blood alcohol content. Under California law, the “line in the sand” at which most people are presumed to be drunk drivers is at .08 percent blood alcohol content.
It is very important that a person contact a lawyer soon after being charged with a DUI to protect their legal rights. Whether to potentially save one’s driving privileges and avoiding an administrative suspension from the DMV or thoroughly reviewing the facts to position you favorably when it comes to negotiating with the prosecution, the assistance of a local DUI attorney could be best call you ever make.
Client charged with DUI after witness called into 911 reporting drunk driver who crashed in a residential neighborhood. Negotiated a reckless driving plea for client and also successfully stopped the license suspension by by winning the DMV hearing. (People v. Elysse F.)
Client faced felony DUI charges after getting into car accident while intoxicated. Faced up to 3 years in prison, and an additional 3 years for great bodily injury enhancement. Negotiated misdemeanor deal without any jail or community service and avoided the 1 year license suspension. (People v. Sherrie D.)
First time DUI charge dismissed against driver stopped on suspicion of driving under the influence. Negotiated dry reckless for client prior to trial. (People v. Derrick J.)
Felony charges for DUI against client for a t- bone collision in intersection. Defendant ran from the scene and charged with hit and run. Previous attorney had negotiated felony plea with credit for time served. Took over representation and negotiated misdemeanor sentence without jail time or community service when trial date was set. (People v. Dennis A.)
Client stopped for DUI after officer allegedly saw vehicle commit Vehicle Code violations. Client’s blood alcohol pattern (rising blood) provided a defense and DUI dismissed, with client admitting dry reckless charge. (People v. Michael T.)