Common Questions About DUI

Los Angeles Drunk Driving Attorney

Charged with a DUI? Unsure of where to turn? For many people who have been charged with drunk driving, this is their first brush with the law. Many people have never experience a DUI charge before and are unsure of where to gain their answers. At Gold & Witham, they strongly believe that clients should remain informed and involved throughout the entire process and they therefore work tirelessly to ensure that clients have the experienced legal assistance that is necessary. Below, they have both asked and answered some of the most common questions about DUI charges, hoping to provide some insight into what you might be facing.

1. What is a DUI anyway? DUI stands for "driving under the influence." This is a per se offense of driving a motor vehicle with a blood alcohol concentration (BAC) over the legal limit of 0.08 percent. It, however, is also considered to be drunk driving to be under the influence of alcohol and / or drugs to the point where you are impaired past your normal driving skills. This is typically a misdemeanor, but certain factors can enhance this to a federal or felony offense.


2. Will I have to go to court? There is no blanket answer to this question as it will largely depend on the specifics of your act. In some cases, you may be required to go to court – in which case the lawyers from our firm will be able to step up and represent you. This can save you both the inconvenience and the wasted time of appearing yourself. It is also important to understand that you will not only be dealing with the court trial from the criminal case, but that you will also have a civil case that will deal with the Department of Motor Vehicles (DMV) and the future of your license. The firm can help represent you at the DMV hearing and schedule it to ensure your license is fully protected.


3. Will I have to go to jail? For many people, the most frightening aspect of a DUI case is the looming prospect of imprisonment. It's important to recognize that even for a first offense, you may have to failed jail time. However, just because you have been criminally charged does not mean that you have been convicted and it certainly does not mean that you are going to face the maximum penalties. By getting our firm involved, you can trust that you will have a heavyweight fighting to help combat the charges and avoid maximum penalties.


4. What is BAC? How will it affect my case? The term BAC stands for blood alcohol concentration or blood alcohol content. This is referring to the percentage or concentration of alcohol in your system at the time of the arrest. Typically, this is determined through scientific testing, such as breath, blood or urine tests. If it is found that you have a BAC over the legal limit (0.08 percent), then you can automatically be considered to be drunk driving – regardless of your level of impairment. For drivers under the legal drinking age, the threshold for their BAC is much lower – resting at 0.01 percent.


5. Will this cause me to lose my driver's license? At the time of your arrest, your arresting officer will confiscate your license and provide you with a slip of paper that will be legally considered to be your temporary license for a maximum of 30 days. From the time of the arrest, you have a mere 10 days to formally request a hearing with the DMV in which you can contest the suspension. This is completely independent of the criminal case; if found guilty, you will likely lose your driver's license regardless of the outcome of the DMV hearing.


6. Will I be able to drive while waiting to go to court? At the end of the 30 days given with a temporary license, you will be unable to drive. If you fail to request a DMV hearing or if you are unable to successfully contest the suspension, your license will be suspended and you will have lost your driving privileges.


7. What is the ignition interlock device (IID)? The IID is an instrument that has gained recent popularity as a penalty for drunk drivers – as it both punishes and serves as a deterrent against future offenses. It works very similar to a breath test in that it tests a breath sample for the amount of alcohol. If convicted, it is likely that you will be required to have an IID installed in your vehicle; you will then need to provide a clean sample every time you wish to start the vehicle and at rolling intervals. This is an expensive machine and must be calibrated on a regular basis – fees that will fall on your shoulders. It can also be used as a condition of probation.


8. What is an arraignment exactly? Your very first court appearance is called an arraignment. This is where you will officially enter a plea – which will either be "guilty" or "not guilty." Depending on the circumstances of your arrest and your charges, the firm will likely attend the arraignment as your representation, obtain the arrest report and then enter a "not guilty" plea. After this, they will continue to fight your case for a pre-trial conference.


9. Will I have to attend an alcohol education program? A condition of probation for a conviction of drunk driving or "wet reckless," defendants are often required to complete an alcohol education program. This typically lasts for three months with weekly meetings that last between two to three hours. In some circumstances, however, it may last for as long as nine months if the BAC level was higher than 0.15 percent. For secondary or subsequent offenses, it could be as long as thirty months. These are privately run and licensed by the state – they case up to $1,400 for an eighteen month program which you will be required to cover.


10. Should I take my case to a jury trial? When you work with Gold & Witham, you will find that they are never willing to offer a blanket solution for any case. Instead, they work to determine the best course of action so that you can have the best chance of success. Regardless, they will always prepare every single case as if it is going to trial and will be ready to do so if it is required. This preparation has served them and their clients well over the years.


11. What is a PAS test? A Preliminary Alcohol Screening (PAS) test is given through the use of a handheld device at the scene of the arrest. Before your arrest, you may be requested to blog into the PAS machine – and the reading may later prove to be a crucial aspect of evidence for your case.


12. What is discovery? The discovery is the process through which all documents, evidence and witness detailed are obtained from the prosecution so that we can utilize them in our efforts to build the strongest possible case on your behalf.


13. What is a DMV APS Hearing? Many have heard of the DMV APS Hearing. This stands for the Administrative Per Se Hearing held by the Department of Motor Vehicles. This is the hearing where you will be able to contest the suspension of your license; you must formally request this hearing within ten days of your arrest or you will lose the right to fight for your driving privileges.


14. What is a "Wet Reckless?" Under California law, reckless driving is a misdemeanor that can carry penalties that involve up to 90 days of incarceration. When this is classified as a "wet reckless," it means that the defendant had alcohol in their system. Typically, conviction of a wet reckless will be penalized with mandatory completion of an alcohol education program.


15. If I'm convicted, will I lose my auto insurance? It is true that a conviction will often be followed by a cancellation of coverage or a spike in premiums. In fact, according to the Automobile Club of Southern California, drivers who have been convicted with a first time offense can often find themselves facing increased of $6,600 for over three years.


16. What does it cost to hire an experienced lawyer? For many people, beyond the penalties, one of the most frightening aspects of a DUI case is wondering about the cost of a lawyer. The truth is that the cost will depend on the factors of the case and can range from a $1,000 to $5,000 depending on the experience and qualifications of the lawyer to the severity of the charges. At Gold & Witham, they urge clients to remember that it's the quality of the representation that should matter – not the cost. While you should not hire a lawyer who charges exorbitant fees, you should hire someone who will provide you with the high-quality legal representation that you deserve. Remember, the most important decision you will make is who you choose to represent you.

To learn more about DUI or to learn how the firm can help you, do not hesitate to contact a Los Angeles DUI attorney from our legal team as soon as possible.