Being arrested for DUI is an unpleasant experience that can have a major impact on your future. You may believe that the state’s evidence against you is unbeatable. However, that may not be the case. Defenses do exist that can render the evidence insupportable. It takes a savvy and skilled DUI attorney, however, to achieve that.
At RPM Law, our Newport Beach DUI attorney is thoroughly versed in the mechanics of how to deconstruct your arrest to uncover mistakes, flaws, inconsistencies, and weaknesses. Many aspects of your arrest can be analyzed, from why you were pulled over in the first place to how your blood alcohol test was conducted. We urge you to take advantage of our knowledge, experience, and dedication in fighting your DUI charge through the courts.
DUI Charges in Los Angeles and Orange County
Driving under the influence of alcohol and/or drugs can occur in more than one way. As an adult, if your blood alcohol concentration (BAC) measures .08 percent or more on a breathalyzer test, you are illegally over the limit. If you are under 21, an underage DUI consists of a BAC of .02 percent. You can also be arrested if a police officer witnesses impaired driving on your part even if your BAC is below the legal limit.
Is a DUI a Felony in California?
The severity of a DUI charge can range from a misdemeanor to a felony. Whether you will be charged with a felony DUI charge depends on several factors, from the circumstances surrounding the charge to your criminal history. The first three DUI offenses will be charged as misdemeanors unless there are mitigating circumstances. There are four instances when a DUI can be charged as a felony in California: if the defendant has four DUIs over a 10 year period, was previously convicted of a felony DUI, was driving under the influence when someone was injured or killed, or was driving under the influence with a minor in the car.
First Offense DUI in California
A first-offense DUI in California is charged as a misdemeanor that can lead to various penalties that can include:
- A fine of $390 up to $1,000
- Additional penalty assessments that can lead to thousands of dollars
- 48 hours to 6 months in jail
- 3 to 5 years of informal probation
- A six-month license suspension
- Mandatory DUI school
- Installation of an ignition interlock device, at offenders owo
First offenders can usually apply for a restricted license allowing you to drive to work or school.
Second Offense DUI in California
If you have a prior DUI convictions within a 10-year period will result in harsher penalties. In California, whether you were convicted or not, there are administrative consequences for being arrested for DUI, including 1-year license suspension. If you refuse chemical testing, the license suspension is increased to 2 years. A second offense DUI is considered a misdemeanor in CA. The following are penalties you may face:
- Between 96 hours up to 1 year in jail
- Between $390 and $1,000 in fines
- Various "penalty assessments" and other fees
- Between 3 - 5 years of probation
- 2-year license suspension (not exceeding 2 years with administrative penalties)
- Installation of ignition interlock device (IID) for 12 months
Get an Experienced Newport Beach DUI Attorney on Your Side
Many factors can be bungled in a DUI arrest. These factors include legal, technical, and scientific aspects that all play a part in any DUI arrest. Only a DUI lawyer experienced in this matter will know how to investigate your case in order to build a defense that may relieve you of the charge and penalties you face.
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