Los Angeles DUI – What You Need to Know
Los Angeles DUI – What You Need to Know About the Law
This article discusses, for Los Angeles DUI – What You Need to Know. The law regarding DUI in California, specifically Penal Code section 23152, makes it illegal to drive under the influence of alcohol, or drugs, or both. That applies to the level where you are impaired – that is unable to operate a motor vehicle safely. With regards to alcohol, under Vehicle Code section 23152 (b), it is illegal to drive with a blood alcohol level at, or above, a 08%, even if you are not impaired or even if you can drive safely.
If you are under 21, or are already on probation from a DUI case, then the legal limit is 0.01% – any measurable amount of alcohol. There is zero tolerance for any alcohol for those specific categories of drivers.
Likewise, there are special rules for those that carry a commercial license or commercial driving permit – for those drivers, there is a .04% limit for alcohol.
Los Angeles DUI – What You Need to Know About the Punishment
Los Angeles is known for being more negotiable about punishment than other counties, especially compared to how Orange County DUI cases are treated. But DUI punishment is fairly standard, except for certain courts in LA County.
Every law has a minimum and a maximum. The maximum for a first time offense is 180 days (six months) in jail, and a fine that, with penalties, can exceed $5,000.00. However, for first time offenders, the punishment would be closer to the minimum, which is all of the following:
- A fine of $390 plus penalties and fees, which total around $1900;
- A level one first offender alcohol school, of 3 to 9 months in duration;
- Installation of an Ignition Interlock Device (Los Angeles County DUI cases only);
- Attendance at a MADD presentation, and a Hospital and Morgue (HAM) program.
- If there is an accident, restitution is ordered to any other parties, if any.
However, if the case is reduced, then it is removed from the mandatory sentencing for a DUI. That makes it subject to whatever the reduced charge is. If it is reduced to a public intoxication, a traffic ticket, or a reckless driving, the minimum and the maximum would be whatever those new charges are.
Los Angeles DUI – What You Need to Know About Sentence Enhancements
If you have any DUI sentencing enhancements, that is any of the following factors:
- An accident, with or without injury;
- Any priors or probation violations;
- Children in the car (children are defined under the law as anyone under 18);
- An allegation you were speeding while DUI; or
- A high blood alcohol level – defined as being at or above a .16% blood alcohol level,
then your case is subject to increased punishment, above and beyond the minimum terms.
Under a separate proceeding that is done through the DMV, not the court, your license can be suspended. After a mandatory suspension, a restricted license is possible. Restricted licenses allow driving to work, from work, and during the work day and allows attendance at the mandatory alcohol school.
Los Angeles DUI – What You Need to Know About Your Chances
In general, you will do better if you educate yourself about all of your options. Your success probability of each option, given the facts of your case, and the risks allow you to weigh each option. For constitutional reasons, your punishment will not increase if you fight your case.
However, if you have a sentencing enhancement (any of the above factors), or more than one, then the risk goes up substantially. For example, if you have a prior, then your license is subject to revocation or suspension for a much longer period of time – the action by the DMV can last from 18 months to three years – and your jail time potential doubles — from six months up to one year. That increases the potential losses to you, and makes it worth it to have an attorney.
Los Angeles DUI – What You Need to Know About Lawyers.
Los Angeles DUI – What You Need to Know About the Lawyers you meet with. If you want to know how to find the best DUI lawyer for your case, meet with us. We can go over all the factors that go into what makes an effective DUI lawyer. You can call us or contact us at (877) 568-2977, anytime.