DUI Lawyers in Los Angeles

Officers may ask you to participate in a field sobriety test if you are pulled over for suspected drunk driving. These tests often involve balancing or walking to test your level of intoxication, like the one-leg stand or the walk-and-turn. While police officers may make it seem like a field sobriety test is required, the truth is that you have the right to deny a request for a field sobriety test if asked. The field sobriety test results will likely be used against you in a DUI case, so in many instances, it is advisable to refuse a sobriety test.

Multiple DUI offenders are often labeled as habitual motor vehicle offenders. Many states implement laws that impose more severe penalties for habitual offenders. If you have multiple DUI convictions on your record and you are arrested for a DUI again, you will likely face maximum penalties, including jail time or a state prison sentence. In California, having more than three DUI convictions on your record within the past ten years can automatically increase your next DUI charge to a felony.

In most states, it is illegal to drink alcohol unless you are 21 years or older. It is unlawful for minors to drink and drive under the influence, but there are stricter blood alcohol content (BAC) limits for minors due to their ages. California has a zero-tolerance policy for underage drinking and driving, meaning that if anyone over the age of 21 is found with a BAC of 0.01% or higher, they can be charged. In most cases, an underage DUI carries less severe penalties than an adult DUI but can still involve fines, DUI school, and a driver’s license suspension.

Implied consent is a concept that virtually all states use. When a driver is pulled over for suspected drunk driving, officers will likely ask them to participate in a breathalyzer test or a field sobriety test to check for intoxication. Under implied consent laws, any individual who receives a driver’s license is consenting to be stopped on public roads if they are suspected of driving under the influence. Implied consent also states that drivers consent to any field sobriety tests they are asked to take. Drivers who refuse these tests can be subject to penalties like a suspended license.

Breath test results are often received via a breathalyzer test. Breathalyzers measure blood alcohol content (BAC) in percentages. If any driver is found to be driving with a BAC of 0.08% or higher, they can be charged with a DUI. However, breathalyzers are machines that must be calibrated and administered correctly to give accurate results. In some DUI cases, breath test results can be challenged, especially if other chemical tests (like blood and urine tests) have different results. If the breath test results are found to be inaccurate, they will likely be inadmissible in court.

Many people worry about their ability to continue driving after receiving a drunk driving conviction. Fortunately, many auto insurance companies will still allow you to get car insurance even with a DUI conviction on your record. You may face higher costs and pay higher premiums, especially if your DUI involves property damage or bodily injury of another person. You can potentially lower your insurance rates over time by keeping a clean driving record and obeying traffic laws after your DUI conviction.

When you are arrested for driving under the influence, your driver’s license will likely be suspended automatically. Without a driver’s license, you are not legally allowed to drive anywhere, including to and from work or school. You must rely on public transportation or rides from friends and family until your license is reinstated. You may also be able to apply for a restricted hardship license that allows you to drive to and from work and school.

DUI convictions are criminal charges with criminal penalties. However, most first-time DUI offenders are not required to serve jail time. First-time offenders often see penalties like DUI school, a license suspension, fines, and probation. If you are convicted of a second DUI within ten years, you may face a mandatory jail sentence. For any subsequent DUI convictions within the next ten years, you will likely be required to serve a jail or prison sentence.