On the heels of a month marked by extensive media coverage of the Orange County trial of Andrew Gallo-the San Gabriel man, who, despite having his license suspended for a prior DUI conviction, took the wheel after a night of binge drinking and killed Angeles' rookie pitcher, Nick Adenhart, and two friends in an early morning collision-news has broken of a new law that will impact DUI repeat offenders. Additionally, a defendant who is found guilty of driving under the influence must participate in court-ordered alcohol treatment or education classes and must have an IID (ignition interlock device) installed in his or her personal vehicle when the driver's license suspension is lifted.
The penalties associated with a DUI conviction can include paying very high fines and court fees, losing your driver's license, attending alcohol education classes, being required to blow into a breathalyzer (or "IID" - Ignition Interlock Device) in order to start your car, having your auto insurance premiums skyrocket or your policy cancelled, performing community labor or community service, and even spending time in jail.
Officers are required to inform you that refusing the test is illegal, but some may not do so until after you have refused it. You will not be allowed to change your mind or reconsider by the arresting officer in most cases, so it is to your advantage to be mindful of implied consent laws.
However, section 23152(b) under laws for DUI is based on the situation where the Blood Alcohol Concentration (BAC) of the accused is over Drunk Driving Lawyer 80. It's simply not enough that you were under the influence and the prosecutor has to prove that you were driving under the influence.
Our experienced trial attorney fights for you, clears DMV holds to help you recover from a suspended license, and motions the court for a dismissal to avoid convictions and bloated court fines, saving thousands of dollars in court and insurance costs.
The reasoning behind this is that if the accused has been fighting his or her case for say 4 -5 months and there have been no positive readings of alcohol consumption then the Judge and prosecutor know that the defendant has abstained from alcohol consumption for that period of time and the penalties for a plea to a DUI could be less burdensome due to this.
An overnight jail stay is probable but may not happen in all cases and you will be released within 8-12 hours depending on what your chemical test level was reported as. You should have received a temporary license that will last for a month or so in order to give you time to challenge your automatic administrative suspension by the DMV.
For example, if a DUI is reduced to dry reckless driving (California Vehicle Code 23103 VC), it has greatly reduced penalties including no SR22 insurance, not being considered a "priorable" offense for future DUI charges, and reduced penalties and fines.
With recent changes in recreational marijuana many of our clients receive DUI charges for driving under the influence of marijuana Because it is a newly passed law, and the legislature still has to work through the different issues, there is a sense of confusion as to what is legal and illegal.
Distinguished as "Top Attorney" by Pasadena Magazine in 2010, 2016 & 2016, as well as a "Rising Star" by SuperLawyer magazine in 2015, 2016, Phil Hache represents clients in California state and federal criminal matters, including misdemeanors (with a focus on DUI cases) and felony charges.