DUI and its Consequences
They say that for every action there is always a reaction. A motorist who had experienced being involved in a road accident can attest to this. There are times that accidents simply happen, perhaps due to a faulty brake or any unexpected causes. But the worst thing is when accidents happen because of a driver’s sense of irresponsibility, such as when he or she is driving under the influence.
Driving under the influence or DUI occurs when a motorist takes the wheel even when intoxicated with either alcohol or illegal drugs. When a person is drunk or high on drugs, his or her senses are affected by the chemicals that enter the body.
The danger when a driver is under the influence is the accident that would likely follow. Because once the motorist is drunk or high it slows down his or her reflexes. It would result to one’s incapability to control the wheel. Most times the car would veer and ram into someone or a structure. As a result, a person or some persons would get hurt, or worse die from the impact of the vehicle. Those who would be affected are the driver and his or her passengers and the victims. This is always the case when a person decides to drive despite being inebriated.
In this case, the driver’s car insurance could always cover the hospital expenses and other concerns. But this does not mean that the driver is cleared from the events that transpired during the accident. He or she will still have to face the court of law for drunk driving, which is considered as a criminal act in all states. Depending on the court of a particular state, the offending driver could get imprisonment and fines for the DMV DUI. He or she could serve jail time for months or years depending on the gravity of the offense.
When that happens, it would be best for the offender hire a lawyer expert on matters pertaining to DUI. A DUI lawyer could set order amid the confusion and will guide the offender on what to do. The advice there is not to just pick any legal counsel who is very proficient in handling DUI cases but those who have outstanding records. You can check if that certain DUI attorney has won many DUI cases or has the ability to plea DUI cases with the judge.
Successfully Defending a California DUI
If you get stopped for a DUI the first step you should take is contacting lawyers Monrovia, CA residents know have extensive experience in defending accused people. Out of embarrassment and the shock of being arrested, many people simply accept the charge without defense. Yet in a number of cases, a person can bring the actions into question that led to the charge in the first place.
It’s a fact that the police can make mistakes or act improperly according to the law. When that happens, the entire case against you can be questioned. Though California DUI laws are strict, they are also quite detailed as to when the police are able to stop a driver and what actions they are allowed to take from that point on.
Questioning the Process
Being arrested is certainly embarrassing, but what is more embarrassing is having a criminal record that will follow you the rest of your life. Defending yourself against the DUI charge is always worth the effort, but you need to contact lawyers in Monrovia, CA who have experience in this area of law.
The DUI arrest procedure begins with a requirement that the initial police stop be for probable cause or as a result of a DUI checkpoint stop that is properly administered. If the stop itself was not legal then the entire DUI case can be brought into question. This is just an example of how criminal lawyers in Monrovia, CA will begin evaluating the series of events leading to the DUI charge.
There are actually many ways an attorney can question the process. For example, probable cause is often a major point of contention. Did the police have a reasonable concern that you were driving while under the influence of alcohol or drugs? The law does not permit officers to pull people over for no apparent reason because that is harassment. The police must be able to prove that your driving actions raised concerns about your ability to control the car and public safety.
If there was not clear probable cause to pull you over then the evidence against you may possibly be suppressed. That is also true if the alcohol test is not administered correctly due to procedural or equipment problems. If the official test results can be suppressed there is an excellent chance the entire DUI case can be dismissed.
Complex Process Requires Professional Assistance
The DUI legal process is complicated and that is another reason why you need to retain one of the criminal lawyers in Monrovia, CA. Even a first offense in California carries still penalties that include jail, fines and a license suspension for 6 months. Each successive conviction carries more stringent penalties with a fourth DUI conviction leading to a 4 year license suspension and even prison for up to a year.
If you are dealing with a DUI charge, it’s important to contact lawyers in Monrovia, CA as soon as possible. The sooner an experienced attorney is involved, the better chance you will have of getting the case dismissed or the penalties minimized if there is a conviction.
DUI First Offense and Penalties for Drunk Driving
You have just been caught and charged with a DUI, driving under the influence or DWI, driving while intoxicated. This is a serious matter and not something you should disregard. The outcome can affect your future in many ways since there a variety of penalties for drunk driving. As a DUI offender, You could end up facing significant penalties including heavy fines, community service and even jail time. Additionally, your license may be suspended and if anyone was injured in an accident you could face a criminal conviction. Your future plans could be gravely affected regarding employment opportunities, applying for a loan or higher education and more. An experienced DUI attorney can make all the difference helping you through the legal system to achieve the best possible results.
Once you have been arrested for DUI, the DMV in California will suspend your license. The DMV calls this DUI first offense an administrative per se hearing (APS). You then have ten days to request an administrative hearing with the DMV. If you are not granted a hearing or you cannot make the hearing date, the DMV will keep your license and move ahead with suspension of your driving privileges. This is an automatic stipulation.
You can be charged with 2 different crimes. The standard offense is “driving under the influence of alcohol” (DUI), or in some states, “operating while intoxicated” (OWI), or “driving while intoxicated” (DWI). In recent years, 49 states have also enacted a second, so-called “per se” offense: driving with an excessive blood-alcohol concentration, also known as BAC, (either .08% — as in California — or .10%). In those states, both offenses are charged. The defendant can even be convicted of both, but can be punished for only one.
If the case involves a refusal to submit to chemical testing, of course,
only the traditional offense will be charged.
In the California courts, in addition to a possible administrative hearing that goes over the circumstances involved in your CA DUI / DWI arrest, you must go to court where a judge will decide your fate. Often, it is strictly based on your blood alcohol level or refusal to give to a breath test.
If you’re found guilty, most courts will:
• Impose Fines and Some Add On an extra Driver Responsibility Tax
• Suspend or Revoke Your License
• Want Participation in a Drunk Driver Education Program
• Add Points to Your License (Your Insurance Will Most Likely Increase)
• Need Community Service Work
• Put You On Parole
• Install an Ignition Interlock Device On Your Vehicle
There are many different defenses in a criminal DUI case. An
experienced DUI lawyer in Los Angeles will give you the best chance of fighting
and winning the case.