Superior DUI Defense in Los Angeles, CA

Even if the officer said you failed the field sobriety tests or even if the chemical test showed a blood alcohol content of 0.08 percent or higher, you can still fight your DUI charge. Don't do this alone. Fight for your innocence with the help of a DUI attorney Los Angeles from Gold & Witham.

Ready to fight your drunk driving charges? Call Gold & Witham at (800) 716-6791! 

What Can a DUI Attorney Do for You?

When you're arrested for a DUI, it can be a difficult and overwhelming experience. Not only do you face legal penalties, but the social repercussions of your arrest can be significant as well. Therefore, it's important to protect yourself by hiring an experienced DUI defense lawyer who understands the complexities of DUI laws and has knowledge of the criminal justice system.

A professional DUI attorney brings invaluable insights into navigating the intricacies of the legal system, providing you with a robust defense tailored to the specifics of your situation. By evaluating the evidence and identifying potential legal flaws, your attorney can develop a strategic plan to confront the charges effectively. Additionally, a seasoned DUI attorney can offer guidance throughout the process, ensuring that your rights are upheld from the moment of your arrest to the conclusion of your case.

Legal Representation: A DUI attorney will represent you in court proceedings, hearings, and negotiations with the prosecution. They will serve as your advocate. They can help explain each step of the proceedings and guide you through the process so that nothing is missed or overlooked. Your attorney can also inform you about possible plea deals and discuss legal options that may be available to you depending on your specific case.

Knowledge of DUI Laws: Attorneys specializing in DUI cases are well-versed in California's DUI laws. They understand the nuances of these laws, potential penalties, and potential defenses available to challenge the charges.

Case Evaluation: A DUI attorney will thoroughly analyze your case, examining the circumstances surrounding your arrest. They'll review police reports, evidence, and any other relevant information to identify possible weaknesses or mistakes made by law enforcement.

Defense Strategies: Based on the specifics of your case, a qualified DUI attorney will analyze every aspect of your justifications in order to determine the legal defenses that are applicable to your situation. This could involve challenging the accuracy of field sobriety tests, questioning the legality of the traffic stop, or disputing the accuracy of breathalyzer or blood tests.

Minimize Penalties: If you're convicted of a DUI in California, there can be severe consequences, including fines, license suspension, mandatory alcohol education programs, and even jail time. A DUI attorney will work to minimize these penalties or explore alternatives such as plea bargains or reduced charges.

Court Representation: Your attorney will represent you in court appearances, presenting your case effectively and advocating on your behalf during hearings and trial proceedings.

Negotiation with Prosecution: DUI attorneys can negotiate with prosecutors to potentially reduce charges or penalties. They might seek a plea bargain or alternative sentencing options to mitigate the impact of the DUI charge.

DMV Hearings: In California, a DUI arrest triggers a DMV (Department of Motor Vehicles) administrative hearing regarding the suspension of your driver's license. Your attorney can represent you at this hearing and fight to protect your driving privileges.

No matter what happened leading up to your arrest, having a knowledgeable professional on your side can make a difference in the outcome of your case. Having a qualified DUI defense attorney on your side is essential when facing criminal charges for a DUI in California.

Work with Proven DUI Defense Attorneys

The defense strategies we use differ greatly from case to case, depending on the nature of your alleged offense, any prior arrests/convictions, and even what court your case will be handled in. We've been doing this a long time, and with experience comes familiarity.

A crucial part of our approach involves staying updated on the latest legal precedents and technological advancements in DUI defense. This knowledge enables us to craft unique defense strategies that can make a significant difference in your proceedings. By focusing on evidence-based defense and potential procedural errors, we aim to give you the best chance at a fair trial. Our commitment to understanding the unique facets of each case means you receive personalized attention and a strategy that reflects the specifics of your situation.

Listed below are examples of the types of DUI cases we can handle for clients:

• Commercial DUI
• DMV Hearings
• Drugs & DUI
• DUI Accidents
• Expungements
• Felony DUI
• Multiple DUI Arrests
• Out-of-State Arrests
• Under 21 DUI

Overview of DUI Charges in California

California's main drunk driving law can be found in the Vehicle Code § 23152:

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

In order to be arrested or even stopped under suspicion of DUI, a law enforcement officer must have a lawful reason for doing so—or, in other words, the officer must have "probable cause."

In the state of California, this means one of two things:

• Law enforcement officer had a warrant because of a traffic violation such as speeding.
• Law enforcement officer had a warrant because of a sobriety checkpoint.

If you are stopped for either reason and the officer believes you may be under the influence, they will ask you to submit to field sobriety tests. At this point, you are not under arrest. Only after a lawful arrest will you be required to submit to chemical testing to determine blood alcohol concentration (BAC). Refusing a chemical test is grounds for automatic license suspension.

Compliance with California's intricate DUI laws is critical, as navigating them without professional assistance may result in severe consequences. Knowledge of these laws not only aids in recognizing your rights but also in understanding the limitations and requirements imposed on law enforcement during a DUI stop. Awareness of procedural adherence and legal boundaries can significantly impact the strategy formulated for your defense and the potential for reducing or dismissing charges.

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California's 10-Day Rule

If you are tested to have a BAC of 0.08 percent or greater—less for commercial and underage drivers—then you can be charged with DUI and your license will be suspended. However, you do still have the right to both an administrative and a criminal hearing.

The DMV hearing will evaluate your right to drive and the criminal hearing will deal with your criminal charges. In many cases, we can restore our clients' driving privileges as well as get their criminal charges either reduced to a lesser charge or dismissed completely.

Immediate action must be taken after a DUI arrest in California due to the 10-day rule. This rule mandates that you request a DMV hearing within ten days from the arrest date to contest the automatic suspension of your driver's license. Missing this window can lead to an automatic suspension regardless of the outcome of any pending court hearings. Seeking prompt legal guidance can be instrumental in safeguarding your driving privileges and preparing for both administrative and court proceedings.

For all drivers arrested for driving under the influence, you have only 10 days to request a DMV hearing! If you do not schedule this hearing, your license will automatically be suspended.

Common Types of DUI Offenses

Listed below are a few different examples of DUI-related crimes:

• Driving with a blood alcohol concentration of 0.08 percent or more. In all states, it is illegal to operate a motor vehicle with a BAC of 0.08 percent or higher. This is your basic DUI charge.
• Refusing a chemical test. The law requires all drivers who have been lawfully arrested under suspicion of DUI to submit to a chemical test such as a breath or blood test. Urine tests are sometimes required—especially in the event of a possible DUI of drugs case. Refusing a chemical test is against the law and can warrant a one-year license suspension.
• Driving under the influence of a narcotic or prescription drug. Driving with a behavior-modifying or impairing drug in your system is against the law as much as drunk driving. However, it's difficult to determine how much of a drug can constitute "impairment."
• Car accidents caused by drunk driving. DUI of 0.08 percent or higher involving an accident—whether it leads to property damage, injury, or death—is an aggravated form of a driving under the influence offense. Any DUI accident could be charged as a felony.
• Underage drivers drinking and driving. In California, there is a "zero tolerance" law when it comes to underage drinking and driving. Any person who is under the age of 21 and who is tested to have any measurable alcohol in their system can be arrested for drunk driving.

Tips for Choosing the Right DUI Attorney in Los Angeles

Selecting the right DUI attorney in Los Angeles can significantly impact the outcome of your case. It requires careful consideration of factors to ensure your legal representation is both competent and compatible with your needs. First, evaluate the attorney's track record in DUI cases specifically; this can give insight into their proficiency in this legal area. Moreover, consider whether they have experience with the local court system in Los Angeles, which can be advantageous in understanding court procedures and expectations.

Also, pay attention to the initial consultation; use this time to assess their communication skills and willingness to discuss potential strategies. A good attorney will take the time to listen and explain your situation and the steps involved clearly. Lastly, consider their dedication to your case. Evaluate their resources, such as a support team that can contribute towards comprehensive case management. Ensuring compatibility in terms of approach and priority can make the legal process more manageable and less daunting.

Understanding Blood Alcohol Concentration (BAC) Levels

A critical aspect of DUI law is the understanding of Blood Alcohol Concentration (BAC) levels. In California, it is illegal to drive with a BAC of 0.08% or higher for adults, 0.04% for commercial vehicle drivers, and any measurable amount for drivers under 21. BAC is measured using breath, blood, or urine tests, and plays a pivotal role in DUI charges.

Many factors can influence BAC, including weight, gender, the amount and type of alcohol consumed, and how much time has passed since drinking. It's important to note that everyone metabolizes alcohol differently, affecting their BAC levels. Understanding how these variables interact and affect one's BAC can aid in recognizing safe driving limits. Awareness of these factors is essential not just for avoiding legal issues, but for ensuring safety on the roads.

Frequently Asked Questions

What should I do immediately after a DUI arrest in Los Angeles?

If you've been arrested for a DUI in Los Angeles, the most crucial step is to remain calm and cooperate with law enforcement. Avoid making any statements that could be used against you, and instead, seek to contact a DUI attorney Los Angeles as soon as possible. Booking an attorney quickly is essential, not only to build your defense but also to address the administrative aspect of your case, specifically regarding the DMV hearing. Remember, in California, you have only 10 days from the date of your arrest to request a hearing with the DMV, which will determine the status of your driver's license. Missing this window could result in automatic license suspension, irrespective of the court outcomes.

How can a DUI conviction affect my future employment in California?

A DUI conviction in California can have significant implications for your future employment opportunities. Many employers conduct background checks, and a DUI will appear as a criminal record. Depending on the nature of the job, especially those requiring driving as a duty, this record could disqualify you from consideration. Additionally, for professional licenses, including those for lawyers, nurses, and educators, a DUI conviction could trigger a review process, potentially endangering your certification. It's important to address these concerns with potential employers honestly and be prepared to discuss any steps you have taken to address and rectify past behaviors.

Are there alternative sentencing options available in Los Angeles for DUI offenses?

Yes, there are alternative sentencing options available for DUI offenses in Los Angeles which can lead to reduced penalties. These options often depend on the specifics of the case, including prior offenses and the gravity of the incident. Options might include attending a DUI diversion program, where the offender participates in rehabilitation or education courses about substance abuse. Other alternatives can involve community service or house arrest. Generally, the eligibility for such programs can be influenced by multiple factors, including legal counsel's ability to negotiate and the particular circumstances surrounding the offense.

What are the potential costs of fighting a DUI charge in Los Angeles?

The costs associated with fighting a DUI charge in Los Angeles can vary widely based on legal fees, court costs, fines, and other associated expenses. Hiring a DUI attorney may involve a significant expense but is often crucial for navigating the legal system effectively. Beyond attorney fees, costs can include court fines, mandatory DUI education programs, and increased insurance premiums. There might also be costs related to driver's license reinstatement and potential income loss from missed work. Being informed of these potential expenses allows better financial preparation while also weighing the value of robust legal defense.

Is it possible to expunge a DUI conviction in California?

In California, it is possible to expunge a DUI conviction under certain conditions. Expungement can effectively seal the arrest and conviction record from public view, which can mitigate the negative impacts of a DUI on employment opportunities and background checks. To be eligible, an individual typically needs to have completed all terms of their probation and not be facing any new charges. While expungement does not necessarily erase the conviction entirely — it remains accessible for some legal proceedings — it can provide significant relief in terms of public record. Consulting with a knowledgeable attorney can provide guidance on the expungement process and assess eligibility.

Gold & Witham Can Protect Your Legal Rights

At Gold & Witham, our Los Angeles DUI attorneys have the necessary experience to represent clients charged with DUI because our attorneys have been practicing criminal law for more than 40 years. Our attorneys have experience at the Los Angeles District Attorney's Office and are able to create innovative and strong defense strategies for their clients.

It is our job to defend your rights and to ensure that you are given every opportunity at freedom that the justice system can provide. At Gold & Witham, that is exactly the service we provide to each client.

Our commitment extends beyond courtroom representation, as we prioritize educating our clients about their rights, potential outcomes, and all available options. By fostering open communication, we strive to build trust and offer reassurance throughout the legal journey. Our team's vast experience not only equips us with the ability to anticipate potential challenges but also allows us to adapt strategies swiftly to ensure optimal results. Trust in Gold & Witham to safeguard your legal rights and provide unwavering support during this critical time.

Contact us today to schedule your FREE consultation with a Los Angeles drunk driving lawyer.