Los Angeles DUI Attorneys
Arrested for Drunk Driving in Los Angeles County?
After a DUI arrest, many people wonder if they truly need the services of an attorney. If you have been charged with a DUI in California, you will face the possibility of serious penalties such as jail time, costly fines, probation, and more. The harsh consequences of a DUI conviction can disrupt your life for years to come, and they only increase with every subsequent DUI charge.
If you have been arrested for driving under the influence of alcohol or drugs, speaking with a Los Angeles DUI attorney at Lessem, Newstat & Tooson, LLP could significantly increase your chances of avoiding a conviction. Let us get to work on your defense – give us a call today.
Are you facing a DUI charge? Call Lessem, Newstat & Tooson today at 888-860-0643 or contact us online to schedule a meeting with our DUI attorneys in Los Angeles.
DUI Cases We Handle
Our Los Angeles DUI lawyers can help with cases involving:
- First DUI offense
- Second, third, or multiple DUIs
- Felony DUI
- DUI involving drugs
- Underage DUI
- Vehicular manslaughter
- Refusing chemical and blood tests
California is notoriously tough on DUI offenders. You must take action immediately after an arrest to build a strong defense.
DUI Laws in California
Driving under the influence (DUI) is a severe offense in California, and the state has strict laws to deter drunk driving and protect public safety. In California, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, drivers under 21, commercial drivers, and drivers operating a hire vehicle are subject to lower BAC limits.
California DUI Penalties by Offense
The charge and penalties you face in your DUI case depend largely on the individual facts and circumstances involved, including what happened prior to, during, and after being stopped by a law enforcement officer. Below, we discuss some of the general penalties that can accompany a DUI conviction.
First-Time DUI
Most drivers charged with their first DUI in California face misdemeanor allegations. Although certain factors may elevate penalties, a standard first-time misdemeanor DUI conviction can result in penalties that include court fines and fees, probation, court-ordered DUI education), driver’s license suspension, and up to six months in jail.
Second or Third DUI
Having been previously convicted of DUI within the past 10 years is grounds for enhanced penalties, including mandatory minimum terms of imprisonment. For example, individuals charged with their second DUI in California can face between 4 days to 6 months in jail, or between 120 days to 1 year in jail for a third DUI. Other penalties, including driver’s license suspension (2 years for a second DUI and 3 years for a third DUI), probation, DUI education courses, and others can also be increased with each subsequent conviction.
Fourth DUI
California makes certain DUI offenses a felony level allegation. This includes a fourth DUI within 10 years. As a felony, this charge is punishable by 16 months to three years in a state prison, depending on the circumstances, as well as court fines, driver’s license revocation, and designation as a Habitual Traffic Offender by the DMV.
DUI Causing Injury
DUI causing injury is a “wobbler” that can be charged as a misdemeanor or a felony. As a misdemeanor, it carries up to a year jail sentence, as well as up to $5,000 in fines, and driver’s license revocation. As a felony, is can carry between 16 months to 10 years in prison, depending on how many victims were injured and how serious those injuries were.
DUI Causing Death
California has several laws involving drivers who cause death while driving under the influence, including vehicular manslaughter while intoxicated and gross vehicular manslaughter while intoxicated. Both of these charges impose a mandatory minimum term of imprisonment, as well as up to 4 years or 10 years, respectively, in a state prison.
Watson Murder
Watson murder is a form of second-degree murder that can be prosecuted when impaired drivers who cause death have previously been convicted of a DUI. This is the most harshly punished DUI charge in California, and it carries a prison sentence of 15 years to life.
Underage DUI
California has several laws with which they may prosecute drivers under the age of 21 suspected of DUI. The penalties in these cases depend on the facts involved, and can range from a one-year license suspension (for having any alcohol in their system) to the standard penalties associated with any misdemeanor or felony “adult” DUI charge.
DUI Penalty Enhancements
California’s tough stance on DUI means that drivers can face enhanced penalties when their cases involve “aggravating circumstances.”
These commonly include:
- Prior DUI convictions (including out-of-state DUIs, wet reckless convictions, and California DUIs within the past 10 years)
- High blood alcohol levels (e.g., 0.15 or greater)
- DUIs resulting in accidents (including accidents that cause property damage, injuries, or death)
- Driving on a revoked or suspended license
- Driving without an ignition interlock device (IID)
- Being on probation for a previous DUI
- Reckless driving (i.e., excessive speed or evading a law enforcement officer)
- Driving with a minor passenger (under age 14)
- Driving with an open container
- Refusing a chemical test
Other Consequences of a DUI Conviction
While every case is different, DUI cases have the potential to result in a number of additional expenses and collateral consequences that can impact the well-being of convicted individuals.
These extend beyond court-ordered fines and terms of imprisonment, and may include:
- Court-ordered DUI education program, paid for at your own expense
- Installation and calibration of an ignition interlock device (IID), paid for at your own expense
- Points on your driving record and increased auto insurance premiums
- Monthly fees for formal probation
- Restrictive terms while on probation (including driving with any amount of alcohol in your system, drug or alcohol treatment, victim restitution, alcohol terms, etc.)
- Employment consequences (including job loss, professional license loss or disciplinary action, and difficulty finding employment)
- Loss of certain civil rights, including loss of right to vote and own a firearm
- Ongoing financial expenses (including costs of transportation during periods of driver’s license suspension of revocation)
Challenging DUI Chemical Test Results
In DUI cases, law enforcement officers and prosecutors both rely on evidence when alleging a motorist was impaired by alcohol or drugs while operating a motor vehicle.
During police stops and preliminary investigations, police can use the results of chemical tests (in addition to other forms of evidence such as driving behavior and a driver’s demeanor or physical appearance) to form the basis of their probable cause for making an arrest. Once charges have been filed, prosecutors also use chemical tests in their efforts to convict defendants of DUI.
Pre-Arrest PAS Tests
Preliminary alcohol screening (PAS) tests refer to the chemical testing law enforcement officers may use in the field when they stop and investigate suspected drunk drivers, prior to arresting them. These PAS devices are a type of handheld breathalyzer, and they can be used to gain an understanding of whether or not a driver has alcohol in their system.
It is important to know that these PAS tests are not 100% effective, and that they can be prone to error, especially when improperly maintained or when results are affected by certain factors (such as mouth alcohol from mouthwash, improper administration, and more).
They are also not mandatory and can be refused without consequence (though any requested breath or chemical test following an arrest at a police station or local jail cannot be refused without penalty).
Breath Tests
Breath tests can include the PAS tests mentioned above, or tests conducted using larger machines at a local police station or jail. If a driver refuses the initial PAS test, they cannot refuse any subsequent breath or chemical test following an arrest without risking an automatic driver’s license suspension.
Just as with the PAS tests, these breathalyzers are not infallible, and they can produce inaccurate results due to calibration errors, poor upkeep, mechanical malfunction, and more.
Blood Tests
Drivers stopped under suspicion of DUI may be asked to take blood tests at a local station or jail, regardless of whether they accepted or refused an initial PAS test. Blood tests can also be administered to drivers regardless of whether officers suspect intoxication by alcohol, drugs, or both.
When warrants are obtained for blood tests in DUI cases, suspects cannot refuse them without risking penalties (automatic driver’s license suspension). These blood tests can also be subject to various factors that compromise the accuracy of results, including improper handling of blood samples, calibration issues, and more.
In some cases, such as those involving marijuana DUI, blood tests may also not be a reliable indicator of whether a driver was actually under the influence at the time of their arrest.
Because chemical testing is a critical aspect of DUI cases, effective defense strategies should focus on closely scrutinizing and evaluating how chemical tests were administered, their accuracy, their results, and how they relate to the government’s allegations.
Can I Refuse to Take a DUI Breath or Blood Test?
In California, all motorists are subject to the state’s law of “implied consent,” meaning they implicitly give their consent to take chemical tests when lawfully arrested under suspicion of DUI. This rule may not apply to PAS tests administered in the field, but it does apply to the subsequent breath and blood tests that may be administered at a local police station, jail, or other booking facility.
When drivers refuse chemical testing, they risk a few significant consequences, including:
- Mandatory suspension of your driver’s license (regardless of the outcome in any criminal DUI case)
- Potentially elevated penalties in addition to standard DUI penalties (including additional time in jail and/or longer terms for mandatory DUI school)
The operative word when it comes to chemical tests and the law of implied consent is “lawful” arrest. If a law enforcement officer does not have sufficient reason to justify their stop or any further investigation, they violate procedural rules and your rights when asking you to take an unwarranted chemical test.
Investigating whether or not officers had reasonable suspicion to stop you and probable cause to believe you may have been driving under the influence is critical to protecting your rights and raising a defense involving unlawful search and seizure.
While our DUI attorneys in Los Angeles tailor our defense strategies to the unique facts involved, we always devote time and attention to chemical testing and the role it played in our clients’ cases.
Challenging Field Sobriety Test Results
Many do not realize that DUI charges can be defeated in court and that you don’t have to accept a conviction just because you have been accused of a crime. Our firm has handled many DUI cases that involve “failed” field sobriety tests, and we have successfully challenged and defeated these DUI charges in court.
There are three types of field sobriety tests used by law enforcement officers:
- Horizontal gaze nystagmus test
- Walk and turn test
- One-leg stand test
Police officers must receive proper training to administer and interpret sobriety tests. External factors can distort the results even if an officer is qualified to give the test.
According to some studies, even the most reliable field sobriety test is only 77% accurate in determining whether a driver has a BAC above .10%. If a suspect has physical or mental impairments, if an officer moves around while conducting the test, or if the suspect’s attire interferes with their ability to perform the test, this is grounds to dispute your DUI.
Frequently Asked Questions
What if I failed a breathalyzer test?
A failed breathalyzer test does not automatically mean you will be convicted of DUI. If you have been arrested because you failed a breathalyzer test, our Los Angeles DUI lawyers can help you determine the best legal strategy for fighting your charges and defending your rights.
If I only had one drink, can I be convicted of DUI?
You can be convicted of DUI if you meet one of two criteria: Your blood alcohol content was higher than .08, or your driving was so impaired that the prosecution can prove you were driving under the influence. Depending on your weight and the time between your drink and when you began driving, it is possible to be considered “under the influence” after one drink.
I took a nap in my car and was arrested for DUI. How is this possible?
Even though you weren’t driving, your presence in the driver’s seat, especially if the motor was still running, can be considered circumstantial evidence proving that you had been driving under the influence of alcohol. If you failed a field sobriety test or chemical test shortly after you were found asleep at the wheel, then the prosecution can attempt to convict you of drunk driving.
Are all DUI charges the same, or is one less serious than another?
A DUI charge that does not involve an accident or at least two prior DUIs is a misdemeanor, which is far less serious than a felony DUI charge. Felony DUI charges typically occur when there is an accident with injuries or the person has already been convicted of three or more DUIs in the last 10 years.
If I was the only person injured in my DUI accident, will that still count against me?
No. You can be charged with DUI regardless, but if you were the only person injured, you cannot be charged with DUI causing injury, which is a more serious offense. A true DUI causing injury case occurs when the driver causes an accident and injures another driver, passengers, a pedestrian, etc.
If the person injured in my accident was a passenger, does that help my case?
No. It doesn’t matter whether the injured person was riding in your car or someone else’s car. As long as someone other than you got hurt, you can be charged with a DUI causing injury.
I took the blood test and registered a BAC of above .08. Does this mean I lose my case?
No. A blood alcohol content of .08 does meet the legal definition of drunk driving; however, just because the police chemical test shows a BAC above a .08, it does not mean you will be convicted. There can be numerous circumstances which render the test result inaccurate. Your DUI attorney will consider all of these factors and more to determine if there is a potential defense.
If I plan to plead guilty to drunk driving, why do I need an attorney?
Even if you plan to plead guilty, you still need the help of a DUI attorney. An attorney can examine the facts of your case to determine whether you could plea bargain to a lesser DUI charge – for instance, a misdemeanor charge instead of a felony or reckless driving instead of DUI. An attorney is also much more likely to obtain a lesser sentence on your behalf than you will.
If I was the driver in an accident involving multiple victims, what charges am I facing?
You may be charged with DUI causing injury (assuming none of the injuries were fatal). California law does not allow for you to be charged with multiple counts of felony drunk driving.
Can I be charged with a DUI after using marijuana?
Yes. DUI charges can be applied for driving under the influence of marijuana.
What is an IID?
IID stands for “ignition interlock device.” An IID requires an individual to breathe through a machine attached to their vehicle before the engine will start. As of July 2010, an IID can be ordered as a consequence of any DUI conviction in Los Angeles County.
Contact Our Los Angeles DUI Attorney Today
Don’t wait after a DUI charge. Our attorneys can get started immediately, helping you build a strong defense for your charges and working to protect your driver’s license. Contact our firm for a free case review to learn more about the next steps.
Contact Lessem, Newstat & Tooson, LLP today to schedule a FREE case review with our DUI lawyer in Los Angeles.
