Los Angeles DUI Attorneys
Frequently Asked Questions (FAQ)
The following are commonly asked questions by those arrested for California DUI and drunk driving. Each case is unique in facts and circumstances - and you'll have your own concerns. We're experienced Los Angeles DUI attorneys/Orange County DUI attorneys. Contact us now at (877) WEDODUI (877-933-6384) to discuss them with us. We'll answer your questions to your satisfaction. We welcome you to contact a Los Angeles DUI attorney at our firm!
What is DUI?
DUI stands for “driving under the influence”. This usually involves two separate charges: driving with a blood alcohol concentration (BAC) of .08% or higher, or driving while under the influence of alcohol or drugs.
Will I have to go to court?
This will depend upon your specific case. In some instances, we will be able to represent you in court and will make every effort to do so, allowing you to avoid the inconvenience and time of having to appear yourself. We can schedule your DMV hearing and represent you at the hearing in order to contest the suspension of your driver’s license. This is particularly helpful in the case of an out of state DUI.
Will I go to jail?
You may face jail time for any DUI conviction, including a first offense. With a skilled Los Angeles DUI lawyer on your side, you can avoid maximum penalties and possibly avoid jail time at all. The specific details and penalties you will face will depend upon the charges that are brought against you, the circumstances of your drunk driving charge and what your blood alcohol concentration was at the time of arrest.
What is BAC?
BAC stands for “blood alcohol concentration”. This is the percentage, or concentration, of alcohol determined to be in your blood. This level is determined usually by a blood test or a breathalyzer test. If your BAC is determined to be .08% or higher, you are automatically considered to be driving under the influence, regardless of whether your driving abilities showed any signs of impairment.
Will I lose my license?
When you are arrested for DUI, the officer will confiscate your California driver’s license and provide you with a slip of paper that will act as a temporary license for 30 days. You then have 10 days to schedule an appointment with the Department of Motor Vehicles for a DMV hearing wherein you or your Los Angeles DUI attorney can contest the suspension of your license.
If you are convicted of driving under the influence, your driver’s license will be suspended. The amount of time of the suspension will depend upon the specific circumstances of your DUI. For instance, a first DUI conviction may result in a 6 month license suspension.
Will I be able to drive while I’m waiting to go to court for my charges?
When you are arrested for DUI, you will be given a temporary license that will last for 30 days. If you fail to schedule your DMV hearing within 10 days of your arrest, your license will be automatically suspended 30 days after your arrest. The whole point of the DMV hearing is to enable you to contest the suspension of your license so you can retain your driving privileges until and during your DUI criminal trial.
What are the usual Court penalties for a California DUI?
Court-imposed penalties for California DUI convictions vary, depending on the facts, individual circumstances and whether there are prior DUI convictions. Factors that increase penalties (resulting in county-jail time) include prior convictions, a traffic accident, excessive speed combined with reckless driving, high blood- or breath-alcohol content, refusal to submit to a chemical test, or the presence of young children in the vehicle. Penalties also vary from county to county and from court to court. Courts in some California counties impose jail time even on first-time DUI convictions with none of the referenced aggravating factors.
Following is a summary of the minimum/maximum DUI penalties depending on the presence of any prior convictions for DUI or "wet reckless" within 10 years of any new offense (assuming the Court grants probation). Probation is a period of Court supervision during which time you must not commit new violations and must comply with all Court-ordered terms and conditions. Probation may be formal or informal. Formal probation requires active supervision by a probation officer. If probation is denied, lengthy jail time should be expected
First Offense:
Minimum penalties include three years' informal probation, fines of $390 plus penalty assessments (additional punitive Court assessments) and mandatory fees (totaling about $1,500) and a three-month alcohol-education program.
Maximum penalties include five years' informal probation, fines of $1,000 plus penalty assessments and mandatory fees (totaling about $3,000), a six- or nine-month alcohol-education program, a six-month license suspension and six months in county jail.
Second Offense:
Minimum penalties include probation as above, fines as above, an 18-month alcohol-education program and 96 hours of county jail.
Maximum penalties include probation as above, fines as above, a 30-month alcohol-education program, a two-year license suspension and one year in county jail.
Third Offense:
In addition to the probation, fines and alcohol-education programs that may be imposed for a second offense, a third-offense conviction mandates minimum county-jail time of 120 days to one year in custody. There will also be a three-year license revocation.
Fourth Offense:
A fourth offense may be filed as a misdemeanor, but is more typically filed as a felony. Penalties for a felony California DUI include probation, fines and alcohol-education programs as above, plus a four-year license revocation and 180 days in county jail, or up to three years state prison.
It should be noted that the Court may impose additional penalties, including these: forfeiture or impoundment of a vehicle used in the commission of the offense; requirement that any vehicle owned/operated by the defendant have an ignition-interlock device installed for up to three years; CalTrans or Community service; attendance at the county morgue or hospital (Hospital and Morgue, a.k.a. HAM program) or attendance at Alcoholics Anonymous (AA) meetings or meetings of Mothers Against Drunk Driving (MADD).
If a defendant is involved in an accident involving personal injury (or has been convicted of a felony California DUI within ten years of the present offense), the case may be filed as a felony with the possibility of state-prison time imposed. The court also reports the conviction to the DMV, which suspends the defendant's driving privileges in California as follows:
First offense: Six months with restricted-license eligibility for the full term upon receipt by the DMV of proof of insurance (SR-22), proof of enrollment in an alcohol-education program and payment of a reinstatement fee.
Second offense: Two years with restricted-license eligibility after one year upon receipt by the DMV of proof of insurance (SR-22), proof of enrollment in an alcohol-rehabilitation program and payment of a reinstatement fee.
On third or subsequent offenses, minimum revocation is three years. The actual penalties you may face will depend upon the skill and competence of your Los Angeles DUI lawyer. By working with an experienced defense lawyer, you have the chance to avoid maximum penalties and may receive alternative sentencing instead of jail time.
What is an ignition interlock device and when is it required?
The ignition-interlock device is an instrument installed in an automobile that requires the driver to blow into the device before the engine will start. If it detects alcohol on the driver's breath, it disables the vehicle's engine. The device is expensive and must be calibrated regularly. The Court can order its installation in any vehicle owned/operated by the defendant for up to three years. It may be considered a possible condition of probation when a defendant has a prior conviction, or where a first offender's breath or blood-alcohol reading is over 0.20 percent. Offenses serious enough to warrant such a sanction necessitate the aid of Orange County DUI defense lawyers or – in Los Angeles – a team of Los Angeles DUI defense attorneys.
Plus, in cases where a license is suspended for two or more years by the DMV for second or subsequent offenses, the DMV may require proof of installation of the device before granting a restricted license after a year of the suspension has elapsed.
What is an arraignment?
Arraignment is your first court appearance, where the Court requires you to enter a plea. Depending on your circumstances, Gold & Witham, Attorneys at Law, in their capacity as your Orange County/Los Angeles DUI defense lawyers, will normally attend the arraignment, obtain a copy of the arrest report, enter a "not guilty" plea on your behalf and continue your case for a pre-trial conference with the prosecutor and/or judge.
Will I have to do an alcohol education program?
Upon a Los Angeles/Orange County drunk driving or "wet reckless" conviction, as a condition of probation, the Court requires defendants to complete an alcohol-education program. For a first offense, the program is usually three months, with weekly meetings of 2-3 hours in length. However, a six- or nine-month program may be required if the breath or blood-alcohol reading is high (exceeding 0.15% blood alcohol). For second or subsequent offenses, program length is normally 18 months, but may be up to 30 months. There is a limited 12-hour program for "wet reckless" convictions.
Privately run, programs are licensed by the state. The "wet reckless" program costs about $220. Programs vary from about $450 for a three-month program to roughly $1,400 for an 18-month program. If you're arrested for Los Angeles/Orange County drunk driving, defense attorneys represent your best chance at a positive outcome. You should employ experienced Los Angeles/Orange County drunk driving defense lawyers who may be able to mitigate your situation.
In addition, if the DMV suspends your license (four months for a first-time DUI arrest), the DMV requires enrollment in a three-month program (or a six-month program if the blood- or breath-alcohol content is over 0.20%) before granting a restricted license.
Should I take my case to jury trial?
As Orange County/Los Angeles drunk driving defense lawyers, Gold & Witham, Attorneys at Law explore all available issues and defenses and advise you at each stage of the proceedings. You'll be given full advice on the benefits of a jury trial, depending on the circumstances of your case. We meticulously prepare each case as if it were going to trial, and are ready to try your case should you opt to do so. This level of preparation promotes the possibility of dismissal, reduction of charges or other settlement before trial.
What is a P.A. S. test?
A Preliminary Alcohol Screening (P.A.S.) test employs a hand-held device to indicate the presence of alcohol in your breath. If you blew into a P.A.S. machine before your arrest, its reading may be an important factor in your case. If necessary, we'll challenge the P.A.S.-test reading's relevance and admissibility.
What does it cost to hire an attorney for a DUI?
Fees for Los Angeles DUI attorneys and Orange County DUI lawyers vary depending on the law firm or attorney, the facts and seriousness of the case and whether the case is settled or tried. However, for a first offense without aggravating factors, fees generally range from as little as $1,000 (typically charged by attorneys with limited experience and no expertise in drunk-driving defense), to more than $5,000 (for a Los Angeles DUI defense attorney(s) or an Orange County DUI defense attorney(s) with extensive experience and a practice devoted exclusively to the defense of DUI cases). As practitioners dedicated to the art and science of California DUI defense, we urge you to consider that it is the quality – not the cost – of your legal representation that should be of greatest concern when retaining an attorney. Remember, the decision you make today in choosing Orange County/Los Angeles DUI defense lawyers affects your rights, driving privileges and lifestyle for years to come, because convictions and DMV suspensions due to California drunk driving stay on your court and DMV records for the next 10 years.
If you've just been arrested for drunk driving, your most important decision is your California DUI attorney selection!
What is "discovery"?
Discovery is the process by which we obtain all relevant documents, evidence and witness details from the prosecution that may assist in your defense.
What is a DMV "APS Hearing"?
In addition to court proceedings involving your DUI defense, a California DUI arrest triggers a Department of Motor Vehicle (DMV) administrative action to suspend your driving privileges. The Administrative Per Se Hearing (APS) is your chance to challenge the DMV's attempt to restrict/suspend your license. You must contact us within ten (10) days of your arrest to enable us to obtain a hearing for you with the DMV. We'll advise you of issues to be addressed at the hearing and use our best efforts, skill and experience as Orange County drunk driving lawyers and Los Angeles drunk driving defense attorneys to protect your driving privileges. We may be able to present your case solely upon the written documentation in your case; however, it may occasionally be necessary for witnesses to testify (including you, the arresting officer and our blood-alcohol expert).
What is a "blood split"?
For a "blood split," we obtain a portion of your blood sample to independently re-analyze the accuracy of your blood-test results and measure the level of chemical preservative in the sample.
What is a restricted license?
You may be entitled to a restricted license, enabling you to drive to, from and during work, and to and from your home and alcohol-education program. We'll assist with obtaining the restricted license, if it is applicable to you.
Do I need an attorney?
Failure to retain experienced Orange County/Los Angeles drunk driving attorneys virtually guarantees court conviction/license suspension. The prosecutor is not your attorney and has no obligation to counsel or be fair with you. Defending yourself in the criminal-justice system is a very stressful experience in a potentially hostile environment, which may result in severe penalties. Obviously, we cannot guarantee your outcome; but, as experienced Orange County/Los Angeles drunk driving lawyers, we fully investigate and prepare your case for your defense, and we know how best to minimize/avoid court penalties and protect your driving privileges. Not all California DUI attorneys are alike. You need California DUI lawyers on your side to take your case seriously and represent you effectively.
What is a “Wet Reckless”?
Reckless driving is a misdemeanor, carrying penalties of informal probation, fines and possibly up to 90 days' county-jail time. Depending on case facts, this offense may be negotiated as an alternative to a California DUI conviction at settlement. "Wet reckless" conviction and dismissal of DUI charges can be a hard-fought win – and the following should be understood:
There is an important difference between "dry" and "wet" reckless: "Wet" or "dry" denotes whether alcohol was involved in the commission of the offense. A "wet reckless" conviction typically requires completion of a 12- to 32-hour alcohol-education program, depending on circumstances. More importantly, a wet reckless is still a prior conviction for California DUI charging purposes; so if you're convicted of another DUI in the next 10 years, the penalties will be increased as if you had a prior California DUI conviction.
Will my insurance company cancel my auto insurance or substantially increase my premiums if I am convicted of a California DUI?
According to the Automobile Club of Southern California, drivers convicted of first-time California DUIs can expect increases in insurance premiums of up to $6,600 over three years. However, policies and rates vary, and an insurance company may choose to cancel coverage, depending on individual circumstances.
What “penalties” can the DMV impose?
The DMV may revoke, suspend or restrict a licensee's (driver's) privilege to operate a motor vehicle in California because of a DUI arrest; this procedure is separate from court proceedings and any penalty imposed is in addition to court penalties.
For licensees with no prior California DUI convictions (or DUI suspensions), suspension is generally four months. However, you may petition the DMV for a restricted license, to drive to, from and during the scope of work, and to/from an alcohol-education program. An attorney well skilled in DMV procedures will advise you how to secure this restricted license.
For licensees with one or more prior convictions for DUI or wet reckless within 10 years of the present offense, the DMV suspends driving privileges for at least one year.
For licensees under age 21 (or drivers who refuse to submit to chemical tests), there is a mandatory suspension of at least one year.
At Gold & Witham, we deal with all types of DUI cases throughout Los Angeles and the surrounding areas in California.
Contact a Los Angeles DUI attorney at our firm today!
Los Angeles DUI Defense Attorneys: DUI Fiction
California Drunk Driving Defense - Fictions to Consider
Rather than considering these factors when working with your California drunk driving defense attorneys after an arrest, we’d like to present recurrent fictions regarding the consumption of alcohol and the facts surrounding an arrest. These fictions or myths should be treated as generalities, and not as advice to follow per se, but in serving as California drunk driving defense attorneys for many years, Gold & Witham, Attorneys at Law, have heard several misnomers from our clients that, if understood correctly, could prevent the necessity to ever retain a California drunk driving defense attorney.
Fiction: Eating and/or Waiting for a period of time will lower the BAC
One of the most common misunderstandings we’ve heard regarding alcohol in our years serving as California drunk driving defense attorneys is that our clients have believed that eating food or waiting for awhile after their last drink will lower the alcohol content in the system. This simply is not true. Food may help with the immediate narcotic effects of the alcohol, but it will not lower your BAC. The highest level your BAC will reach is generally achieved within one hour of your last drink, as your system is attempting to “catch up” to your consumption rate.
Fiction: Spraying breath spray into my mouth will lower my BAC
Any California drunk driving defense attorney will tell you that in several cases, the opposite is true. Many breath-fresheners, specifically those that come in a spray form, contain active ingredients that will actually add to your BAC instead of reduce it. Not to mention, any experienced police officer will be able to decipher whether or not you’ve just ingested breath-freshener, and this could only heighten his or her level of suspicion.
Fiction: Putting pennies or metal in my mouth will “defeat” the Breathalyzer
As common as this belief is among those who’ve been arrested, and as often as we’ve heard this “strategy” in our years as California drunk driving defense attorneys, this is simply not a fact, and couldn’t be more inaccurate. Not only will a police officer generally make sure that you don’t have anything in your mouth before you take a breath test, the mere presence of metal will not affect the results. This is an urban myth.
Fiction: Refusing to get out of the car or cooperate with police will help my chances
Again, no California drunk driving defense attorney would agree with the notion of being uncooperative with a police officer during a custodial situation of any type. You owe it to yourself to be polite and cooperative with any police officer who stops you, as antagonism will only serve to make your situation worse, and if you’re arrested for DUI, the prosecutor will be told whether or not you were a cooperative subject. You’ll make things much easier on yourself and your California drunk driving attorney by making sure to treat the police officer with civility.
These are just a few of the fictions we’ve encountered during our years as California drunk driving attorneys, but rest assured that there are many more. The best way you can avoid a DUI arrest is to not drink and drive - it’s the only method that’s 100% effective. However, if you have been arrested for a DUI, you need to contact Gold & Witham, Attorneys at Law, IMMEDIATELY for a consultation. You have no time to waste, and we need to hear a full description of the events that took place that led to your arrest.
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