Facing a DUI Charge in Los Angeles? Critical Steps to Protect Your Rights
If you are arrested for DUI in Los Angeles, you will face two separate challenges: defending against the DMV’s attempt to suspend your driver’s license and facing criminal charges in court. The penalties for a DUI conviction can vary based on factors such as whether you have prior DUI offenses or other circumstances like a high BAC or an accident.
A conviction can lead to serious consequences, including fines, jail time, mandatory DUI programs, and a permanent criminal record. However, with the help of an experienced defense attorney, you may be able to reduce or avoid many of these penalties. It’s important to speak with an attorney as soon as possible after your arrest to ensure your rights are protected from the beginning.
Contact Us Today
At The Law Offices of Arash Hashemi, we understand the complexities of DUI cases and are committed to defending your rights. Contact us at (310) 448-1529 or fill out our online contact form to schedule a consultation. We’re here to help you navigate your DUI case and work towards the best possible outcome.
Why Immediate Action After a DUI Arrest Can Save Your License
After a DUI arrest in Los Angeles, it’s crucial to understand that time is of the essence to protect your driving privileges. Once you’re released, the police will typically issue a notice to appear in court for your criminal case and provide you with a temporary driver’s license. This temporary license is only valid for a short period and often comes with confusing instructions that may not fully apply to your situation.
You have just 10 days to request a DMV hearing to contest the suspension of your license. Failure to act within this timeframe will result in an automatic suspension, which could last up to three years. When you hire us, we take immediate action by contacting the DMV on your behalf, ensuring that your license isn’t suspended without a fair hearing. Our proactive approach allows us to challenge the case effectively and fight to protect your driving privileges.
Essential Do’s and Don’ts After a DUI Arrest in California
Navigating the moments immediately following a DUI arrest can significantly impact the outcome of your case. Knowing what to do—and what not to do—can help protect your rights and improve your chances in court.
Do’s:
- Be Respectful to Officers: Always remain calm and polite when interacting with law enforcement. Being uncooperative or disrespectful can escalate the situation and may result in additional charges.
- Provide Necessary Documents: When asked, promptly provide your driver’s license, vehicle registration, and proof of insurance. This shows compliance and can prevent further complications.
- Agree to a Chemical Test: California law requires you to submit to a chemical breath test at the station or a blood test. Refusing these tests can lead to severe penalties, including automatic license suspension and possible jail time.
Don’ts:
- Refuse the Chemical Test: Refusing a chemical breath or blood test will lead to harsher penalties, both in court and with the DMV, including a longer driver’s license suspension and potential jail time.
- Admit to Drinking: Avoid making any statements about how much you’ve had to drink. Anything you say can be used against you in court.
- Take Field Sobriety Tests: While you should be courteous, you are not legally required to take field sobriety tests. Politely decline these tests as they are subjective and can be used to build a case against you.
- Use the PAS Device: Do not blow into the handheld breathalyzer device (Preliminary Alcohol Screening, or PAS) during the stop. This test is voluntary, and the results can be used against you.
- Try to Stall: Do not attempt to delay the process in hopes that your blood alcohol level will decrease. Officers are trained to recognize stalling tactics, and it could be considered as refusal.
- Mention Prior DUIs: Avoid discussing any previous DUI incidents with the officers. This information is not required at this stage and could negatively impact your current situation.
Understanding the DUI Arrest Process: What Happens Next
Traffic Stop: A DUI arrest typically begins with a traffic stop. Law enforcement officers are trained to identify certain driving behaviors that may indicate impairment, such as swerving, speeding, or braking erratically. When an officer observes such behavior, they are legally justified in pulling over the vehicle. Once stopped, the officer will approach the driver to assess their condition. During this interaction, the officer may ask a series of questions designed to gauge whether the driver has consumed alcohol or drugs. It’s crucial for individuals to understand their rights during this phase, particularly the right to remain silent and to avoid self-incrimination.
Field Sobriety Tests: If the officer suspects that the driver is under the influence, they may request the driver to perform field sobriety tests (FSTs). These tests are standardized by the National Highway Traffic Safety Administration (NHTSA) and are designed to assess a driver’s physical and cognitive abilities. The most common FSTs include:
- Horizontal Gaze Nystagmus (HGN): This test involves following a moving object with the eyes. The officer looks for an involuntary jerking of the eye, which can indicate intoxication.
- Walk-and-Turn: The driver is asked to walk a straight line, heel to toe, turn on one foot, and return. The officer observes balance, coordination, and the ability to follow instructions.
- One-Leg Stand: The driver must stand on one leg while counting aloud. The officer monitors for swaying, using arms for balance, or hopping, all of which may indicate impairment.
These tests are subjective, and their accuracy can be influenced by various factors such as medical conditions, fatigue, or environmental conditions. It’s important for drivers to know that participation in these tests is not mandatory in California, and refusing to perform them cannot be used as evidence of guilt.
Breathalyzer Test: Following the field sobriety tests, the officer may administer a breathalyzer test to measure the driver’s blood alcohol concentration (BAC). In California, it is illegal to operate a vehicle with a BAC of 0.08% or higher. The breathalyzer provides immediate results that can be used as evidence in court. Under California’s implied consent law, by holding a driver’s license, you have consented to submit to a chemical test if lawfully arrested for DUI. Refusing the breathalyzer test can result in automatic license suspension and may be used against you in court as evidence of guilt. However, the accuracy of breathalyzer tests can be challenged, especially if the device was not calibrated correctly or the test was administered improperly.
Arrest and Booking: If the officer believes there is sufficient evidence of DUI, they will place the driver under arrest. The individual will then be transported to the police station for booking. During the booking process, the driver’s personal information is recorded, fingerprints and photographs are taken, and the individual may be asked to submit to further chemical testing, such as a blood or urine test. Depending on the circumstances, the individual may be released on bail or held until a court appearance. It’s crucial to contact a DUI defense attorney immediately after an arrest to ensure that your rights are protected throughout the legal process.
DUI Penalties in Los Angeles: What You Need to Know About Conviction
For a first-time DUI conviction, you could face fines of up to $1,000, mandatory participation in a DUI education program, probation lasting three to five years, and potentially even jail time ranging from 48 hours to six months. Additionally, the court will impose a minimum six-month suspension of your driver’s license. In some cases, instead of jail time, you may be granted probation.
For a second DUI offense within 10 years, the penalties escalate significantly. You may face a jail sentence of 90 days to 12 months, additional fines, and an extended DUI school requirement. Your license suspension period will also increase, and you might be required to install an ignition interlock device on your vehicle.
A third DUI conviction within 10 years further intensifies the consequences. This offense may result in a jail sentence of 120 days to one year, fines, a 30-month DUI education program, and a lengthy suspension of your driver’s license. You will also be classified as a habitual traffic offender, which can lead to more severe penalties for any future violations.
In cases where a DUI involves serious bodily injury or is a fourth offense within 10 years, the charge is elevated to a felony. Felony DUI convictions carry the harshest penalties, including extended prison sentences, substantial fines, and a longer license suspension period.
Apart from the criminal penalties, a DUI conviction triggers an administrative license suspension through the California DMV, which is separate from the court-ordered suspension. If you fail to request a DMV hearing within 10 days of your arrest, the DMV will automatically suspend your license for a period that can range from six months to several years, depending on the circumstances and your prior record.
Beyond the legal ramifications, a DUI conviction can severely impact your employment prospects and personal life. Many employers conduct background checks, and a DUI on your record can limit job opportunities, especially in positions that involve driving. Additionally, your auto insurance rates will likely increase substantially, making it more expensive to maintain coverage. The personal and social stigma associated with a DUI conviction can also strain relationships and create challenges in your personal life, as a criminal record can be difficult to overcome.
Navigating the DUI Court Process in California
The court process for a DUI charge in California involves several key stages, each critical to the outcome of your case. The process begins with arraignment, where you will be formally charged with DUI and asked to enter a plea of guilty, not guilty, or no contest. During this initial court appearance, the judge will also set dates for future court proceedings, such as pre-trial hearings and the trial itself. It is essential to have legal representation at this stage to ensure that your rights are protected and to advise you on the best plea to enter based on the specifics of your case.
Following the arraignment, the case moves to the pre-trial motions phase. During this stage, your attorney may file motions to suppress evidence or dismiss the charges against you. A motion to suppress could be used to challenge the legality of the traffic stop, the administration of field sobriety tests, or the results of a breathalyzer test. If successful, these motions can result in key evidence being excluded from the trial or even lead to the dismissal of your case altogether.
If your case proceeds to trial, the stakes are high. The trial process involves the presentation of evidence by both the prosecution and the defense. Your attorney will play a critical role in challenging the prosecution’s evidence, cross-examining witnesses, and presenting your defense. The prosecution must prove beyond a reasonable doubt that you were driving under the influence. Throughout the trial, there may be opportunities to negotiate a plea bargain, which could result in reduced charges or penalties. If no agreement is reached, the trial will conclude with a verdict delivered by the judge or jury, determining your guilt or innocence.
How to Protect Your License at a California DMV Hearing After a DUI
When you’re arrested for a DUI in California, the arresting officer will typically confiscate your driver’s license and issue a notice of suspension or revocation. This action triggers the administrative license suspension process, also known as administrative per se (APS). This process is separate from any license suspension or revocation that might result from the criminal court proceedings. Even if the criminal court does not convict you of the DUI, you may still face an administrative license suspension.
To contest this suspension, you must request a DMV hearing within 10 days of receiving the notice. If you do not request a hearing within this period, your license will automatically be suspended after 30 days. For a first-time offense, if you are over 21 and hold a regular or commercial driver’s license, the suspension period is typically four months. However, if this is your second offense within 10 years or if you refused to take a chemical test, the suspension extends to one year. Drivers under 21 also face a one-year suspension.
Once you’ve served the suspension period, you’ll need to reapply for a new driver’s license. In some cases, you may be eligible for a restricted license, which allows you to drive to work, school, and other essential appointments. Eligibility for a restricted license typically requires that this is your first offense, you were cooperative during chemical testing, and you are over 21.
Legal Defenses Against DUI Charges
Challenging the Stop:
One of the most common defenses is questioning the legality of the initial traffic stop. Law enforcement must have reasonable suspicion or probable cause to pull you over. If it can be demonstrated that the officer lacked a valid reason for the stop—such as swerving, speeding, or another traffic violation—any evidence obtained after the stop, including field sobriety tests and breathalyzer results, may be deemed inadmissible in court.
Field Sobriety and Breathalyzer Test Accuracy:
Another line of defense involves challenging the accuracy and administration of field sobriety tests and breathalyzer tests. Field sobriety tests are subjective and can be influenced by various factors such as weather conditions, uneven surfaces, or even medical conditions. Similarly, breathalyzer devices must be properly calibrated and administered according to strict protocols. Any errors in these processes can cast doubt on the reliability of the results, providing grounds for defense.
Rising Blood Alcohol Defense:
The rising blood alcohol defense argues that while your blood alcohol concentration (BAC) may have been below the legal limit at the time of driving, it increased by the time you were tested. This can happen if alcohol consumed shortly before driving had not yet been fully absorbed into the bloodstream, leading to a lower BAC while driving but a higher BAC during testing. This defense can be particularly effective if there was a significant delay between the time you were stopped and the time your BAC was measured.
How Our Attorney Can Help Defend Against DUI Charges
The first step in defending against a DUI charge is a thorough review of the details surrounding your arrest. We carefully examine all evidence, including the results of field sobriety tests, breathalyzer results, and the circumstances of the traffic stop. By scrutinizing these elements, we aim to identify any procedural errors or violations of your rights that could weaken the prosecution’s case.
Our defense strategy involves challenging the reliability of the evidence against you. We look into whether the field sobriety tests were administered correctly, whether the breathalyzer was properly calibrated, and whether the officer had a legitimate reason to stop you in the first place. If we find flaws in the evidence or its collection, we will use this to your advantage.
We also handle all necessary legal motions, such as filing to suppress evidence that was obtained unlawfully or challenging the accuracy of the breathalyzer results. If we identify issues with the prosecution’s case, we may file motions to have the charges reduced or dismissed entirely.
Should your case go to trial, we will represent you in court, aggressively cross-examining witnesses and challenging the prosecution’s evidence. Our goal is to cast doubt on the validity of the charges against you, protect your rights, and work toward the best possible outcome.
Get the Legal Representation You Need for Your DUI Case
Facing a DUI charge can be overwhelming, especially with the potential consequences of fines, license suspension, and even jail time. It’s crucial to have the right legal representation to protect your rights and guide you through this challenging process. With over 20 years of experience in DUI defense, Attorney Arash Hashemi is committed to providing the skilled and effective representation you need.
Schedule a Consultation:
Phone: (310) 448-1529
Email: Contact@hashemilaw.com
Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
Our office is conveniently located in the Westside Towers in Los Angeles, near Santa Monica, Beverly Hills, and Westwood. We offer flexible hours and weekend appointments, and if needed, we can meet with you in jail to discuss your case. Don’t wait—contact us today to begin building a strong defense.
