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: