Are you facing DUI charges in Los Angeles?

Drunk driving is a serious criminal charge and a conviction has substantial and disruptive consequences. Because DUIs are more common than other crimes, many people don’t realize just how serious these charges are. Even a misdemeanor DUI could result in jail time, and at minimum will result in substantial fines, classes and loss of driving privileges.

If you are facing DUI charges in Los Angeles, or Southern California, contact Miles Booth immediately. Miles Booth is an experienced DUI attorney who understands the seriousness of DUI charges, and has successfully navigated dismissals and charge reductions for many satisfied DUI clients.

Contact Los Angeles criminal defense lawyer Miles Booth at 424 272 1134 for a Free Consultation.

Los Angeles Criminal Defense Lawyer, Miles Booth

What are the penalties for a DUI?

The penalties for a DUI in California depend on whether there are any sentencing enhancements, and if you have any prior DUI convictions. Penalties will increase for a second, third and fourth DUI.

For a first time DUI in California, the sentence may include;

• 3 years summary probation
• Fines totaling around $2,000
• A 3 month, AB 541, alcohol class
• Installation of an ignition interlock device
• Jail, or community labor

In Los Angeles, and surrounding counties, a first time DUI with no enhancements or aggravating factors will almost certainly not result in jail time.

What are sentencing enhancements?

A sentencing enhancement is an additional penalty that is added on top of your DUI charge. In the same way the prosecutor has to that you were guilty of DUI, they also need to prove beyond a reasonable doubt that you were guilty of the sentencing enhancement for it to apply.

In California, the following circumstances may lead to a sentencing enhancement being added to your DUI allegations:

• A prior DUI or "wet reckless" within the last 10 years
• Refusal to submit to chemical testing
• A BAC of .15 or higher
• Excessive speeding (30 mph over the posted speed limit on the freeway, or 20 mph over on any other street)
• Child endangerment - DUI with a passenger under 14 years old
• An accident that results in personal injury or property damage

What are possible DUI defenses?

Although DUI charges are serious, there are a multitude of defenses that a skilled Los Angeles DUI attorney can help you navigate in order to get your case dismissed, or the charge reduced.

DUI defenses fall into three main broad categories;

• You were not actually intoxicated
• Your driving was not impaired
• The arresting officer did not follow the proper procedure

Facing DUI charges is scary, and you need skilled representation if you want to achieve the best outcome. The Los Angeles District Attorney's Office takes DUI charges very seriously, and devotes substantial resources to making sure that those accused are convicted.

The best way to defend a DUI case is to attack the evidence in the police report, and develop a compelling mitigation packet. At first, all that the prosecutor knows about you is what is written in the police report. And that report describes you in your worst condition. For this reason, it is very important to provide the prosecutor with a comprehensive mitigation packet that displays your strengths, and societal contributions.

In any event, accusations are just that: accusations. Miles Booth is an expert at developing an effective defense to help you avoid conviction. The earlier you retain him, the better your chances.

Can I get my DUI charge reduced?

A skilled DUI attorney may be able to get your DUI charge reduced to a “wet reckless” - Vehicle Code 23103.5, or an exhibition of speed - Vehicle Code 23109. The ability to get the charge reduced will depend on a number of factors, including your Blood Alcohol Content, the police investigation, and the facts surrounding the police stop.

The police officer gave me an Order of Suspension and Temporary License. What is this?

A DUI arrest automatically triggers a license suspension through the DMV 30 days after your arrest. When you are arrested, the officer will take your drivers license, and issue you an Order of Suspension and Temporary License, which is valid for 30 days.

From the date of your arrest you have 10 days to contact the California DMV and request an administrative hearing. If you fail to schedule the administrative hearing your license will be automatically suspended.

For this reason it is important to hire a skilled and experienced Los Angeles DUI attorney to protect your drivers license from suspension.

What happens if I refused to do a chemical test?

Refusing to submit to a chemical test after you have been arrested for DUI may lead to several additional penalties. The additional penalties are because of California’s implied consent law.

The implied consent law means that anyone who drives a vehicle in California has consented to submit to a blood or breath test to determine their blood alcohol content, pursuant to Vehicle Code Section 23612.

Penalties will depend on whether you are facing a first, second, third or fourth DUI. On a first time DUI with a chemical test refusal you will face a one year license suspension, and may face jail time.

However, it is important to remember that simply being charged with a refusal does not mean that you will be convicted. Common defenses to a refusal are that you were not advised of the consequences of the refusal, the arrest was unlawful, or the refusal was caused by an injury.

How does the DMV process differ from my criminal case?

When you are arrested for DUI two processes begin, the criminal process, and the DMV process. The DMV takes administrative action against your license, which takes place at an administrative per se hearing. As discussed above, if this hearing is not set your license will be suspended 30 days from arrest.

The APS hearing deals solely with your license and does not impact your criminal case. Even if your criminal case is dismissed, and you lose your APS hearing you will still face a license suspension. Penalties that stem from the criminal case are independent from the DMV process.

Your ability to drive is crucial, and a suspended license can make life very inconvenient. A knowledgeable DUI attorney will help guide you through the administrative and criminal proceedings and secure the best outcome possible.

Why was I charged with a felony DUI?

There are three ways in which a DUI can be charged as a felony:

• When someone else suffers injury or death as a consequence of your DUI
• When you have had three or more DUI convictions in the last 10 years
• When you have a prior felony DUI conviction

How does the prosecution prove that I am guilty of DUI?

When you are are charged with DUI in California you will be charged with two separate offenses, Vehicle Code section 23152(a), and Vehicle Code section 23152(b).

To be found guilty of a DUI under California Vehicle Code Section 23152(a) the prosecutor must prove beyond a reasonable doubt that you;

• drove a vehicle, and
• when you drove a vehicle you were under the influence of an alcoholic beverage or drug

To be considered “under the influence” the prosecution must prove that you, as a result of drinking an alcoholic beverage or taking a drug, were so impaired that you were unable to drive a vehicle with the caution of a sober person. Evidence from the police report detailing your driving pattern will be a key factor in making this determination.

Your driving pattern alone is not enough to establish if you were “under the influence” but is an important factor to be considered, along with performance on field sobriety tests, your demeanor, and interactions with the police.

To be found guilty of a DUI under California Vehicle Code Section 23152(b) the prosecutor must prove beyond a reasonable doubt that you;

• drove a vehicle, and
• when you drove a vehicle your blood alcohol content was 0.08% or more

Contact Los Angeles DUI Attorney, Miles Booth

A DUI conviction in Los Angeles can have serious consequences. Even a first time DUI can lead to jail time and a license suspension, and the complexities of navigating the criminal justice system are daunting.

It is important to have a professional and skilled defense attorney by your side. Miles Booth has substantial experience and success representing clients charged with DUI, and will use his experience and knowledge to present the best possible defense for your case.

If you are facing charges for a DUI in Los Angeles, contact Los Angeles criminal defense lawyer, Miles Booth, for a Free Consultation at 424 272 1134.