Los Angeles DUI Lawyer

Fighting for Your Driving Privileges

With DUI checkpoints in place and officers always patrolling the roads and freeways, all drivers are at risk of being pulled over on suspicion of a traffic offense.

If you have been charged with DUI, you may be worried about what will happen to your license and your freedom. The most important first step is to hire a Los Angeles DUI attorney who has the experience needed to fight the charges you face. At TKT REP, we want to make sure you have a chance to tell your side of the story. No matter the circumstances, we are on your side.

DUI Penalties

Driving under the influence of drugs or alcohol is a serious offense. Those convicted of DUI for the first time will likely face misdemeanor charges and significant penalties.

Potential penalties include:

• Fines: DUI offenses can be fined up to $1000 plus additional penalty assessments.
• Jail time: First offenders can receive a jail sentence up to six months.
• License suspension: Most DUI convictions carry a six-month license suspension. The length of the suspension could increase depending on your BAC at the time of the incident.
• Mandatory ignition interlock device: Those convicted of DUI may have to install an ignition interlock device in their vehicle for a certain amount of time.
• Probation: A three-year probation term is common for first-time offenders. The sentence may include mandatory DUI school.

Implied Consent

In California, license holders automatically provide consent to a breath or blood test to determine their blood alcohol content (BAC) upon getting arrested for a DUI. Remember, the implied consent law only applies to take a chemical test after the DUI arrest, rather than before.

Although you have the ability to refuse, doing so will result in serious consequences. A first-time refusal is punishable by a driver’s license suspension for one year, a minimum nine-month California DUI school, and an additional 48 hours of jail time.

One of the most common legal defenses for a DUI test refusal is proving the initial arrest was not lawful. For example, the arresting officer failed to establish reasonable suspicion to make a traffic stop or failed to find probable cause to make an arrest.

If the arrest was not lawful, then a motorist subsequently never provided implied consent to a chemical test. Without probable cause, the defendant and their attorney can get the DUI case dismissed.

Aggravating Factors

A first-time DUI is considered a misdemeanor offense, which carries a maximum six-month jail sentence, fines of up to $1,000 (not including additional fees), driver’s license suspension for up to six months, and other criminal penalties. However, if certain aggravating factors exist, a first offense can result in increased penalties or even a felony charge.

Here are several common aggravating factors in a California DUI:

• High BAC – Although the legal limit in this state is a BAC level of .08 percent, having a BAC of at least .15 percent—which is nearly double the legal limit—can lead to enhanced penalties determined by the prosecutor.
• Excessive speed – If a person drives over 20 mph on a street or highway or more than 30 mph on a freeway at the time of the DUI arrest, 60 days will be added to his/her jail sentence.
• Minor in the vehicle – Having a child passenger who is less than 14 years old in the vehicle at the time of a DUI arrest adds a mandatory 48 hours in jail time for a first DUI, 10 days for a second DUI, and 30 days for a third DUI.
• DUI with injuries – If someone else is injured as the time of the DUI arrest, the driver could be charged with a misdemeanor offense that is punishable by a jail term of up to one year, a maximum $1,000 fine (not including additional fees), and driver’s license suspension of up to one year. However, if the other person suffers a serious injury, the driver could be charged with a felony DUI, which can lead maximum three-year prison sentence, fines of up to $5,000 (not including additional fees), and driver’s license suspension for up to three years.
• DUI with death – If someone else dies at the time of the DUI arrest, the driver could be charged with “gross vehicular manslaughter,” which is a felony offense that carries a prison sentence of up to 10 years.

Defense Strategies for DUI Charges

Many people think that when they are arrested for DUI, there is no hope. However, there are actually a number of different defense strategies to use against misdemeanor DUI charges. Whether your license has been revoked, your car has been impounded, or you have been threatened with jail time, we are here to help you fight your charges and protect your freedom.

Defense strategies for DUI include questioning whether:

• The police had reasonable cause to stop you
• There was justifiable cause to search your car
• You were alerted of your rights
• The sobriety tests were performed correctly

Hire a Los Angeles DUI Attorney Right Away

At TKT REP, we understand that the penalties associated with DUI can be life-changing. That is why we work tirelessly to have charges dropped or reduced or to have sentences minimized. Our firm has over a decade of experience defending DUI charges. You can rely on us to handle your case from start to finish, building an effective defense tailored to your unique situation.