If you have been arrested for DUI, hiring an experienced attorney is your best defense. Mr. Mironer is one of the highest-rated DUI lawyers in Los Angeles, with an extensive record of success for his clients.
If you or someone you know faces DUI charges — a criminal offense involving driving under the influence of alcohol, drugs, or prescribed medication — it is crucial to act swiftly. This offense is known as DUI in Los Angeles County, differing from other states where it may be called DWI. Promptly securing a skilled attorney specializing in DUI cases is vital due to the time-sensitive nature of these cases. A competent Los Angeles DUI Attorney will manage your case, clarify any confusion, and mitigate the severe consequences often associated with DUI offenses. Many people who have mishandled such arrests have faced job loss, life disruption, and long-term repercussions.
Los Angeles is known for its stringent DUI penalties, surpassing those in cities like Atlanta and Miami. Understanding your legal standing and navigating this complex situation necessitates the expertise of a knowledgeable attorney. The critical vehicle code sections in DUI offenses are CVC 23152(a), focusing on impairment evidence, and CVC 23152(b), concerning blood alcohol concentration above 0.08%. A competent Los Angeles DUI attorney, leveraging their courtroom experience, will challenge these codes and scrutinize the accuracy of the blood alcohol measuring equipment.
Arrests for DUI in Los Angeles County carry significant risks, including jail time, hefty fines, loss of driving privileges, and personal losses. An expert DUI defense attorney can guide you through the legal process, protect your rights, and pursue a favorable outcome. Proactive legal representation can prevent prison time, increased insurance premiums, and job loss, among other potential impacts.
The consequences of a DUI conviction can be severe, especially if you have prior convictions. Hiring a seasoned Los Angeles DUI defense lawyer can help reduce or eliminate these penalties. Contact a Los Angeles DUI attorney to assist in your legal case and safeguard your future.
Usually, the prosecutor will allow a minimum base fine on a DUI first offense. Even though $390 doesn’t sound like that much, that’s only the base fine. That amount is then substantially increased by penalties and assessments. It comes out to approximately $2,000 in Los Angeles County and over $2,500 in Ventura County.
Even though there is no minimum jail time, there is a maximum of 6 months in county jail. Even though most people don’t have to serve a day in jail for a first DUI conviction, they must know that if they violate the terms of their probation, they subject themselves to a maximum punishment of jail time. In Santa Barbara County, the courts tend to notify defendants at the time of a plea that they will do a certain amount of jail time if they violate the terms of their probation.
If convicted of a first-offense DUI with a Blood-Alcohol Content (BAC) below .15%, you will have to complete a 3-month alcohol program called AB 541. If the BAC level is above .15%, you must complete a 6-month program called AB 762. If you confess to having a BAC above .20%, the Judge will add a sentencing enhancement that requires the completion of a 9-month alcohol program called AB 1353. To get the best results possible, an experienced DUI attorney understands the scientific issues related to a DUI case, precisely how the body metabolizes alcohol and the various factors that affect absorption.
The prosecutor must understand that the chemical results at the time of testing do not accurately reflect the subject’s level of impairment at the time of driving. It is critical to have the enhancement stricken. Otherwise, the Court will require a 9-month program, and the DMV will need proof of completion before they reissue your driver’s license.
Following a DUI arrest, consulting with a Los Angeles DUI Lawyer is crucial. An attorney can explain your situation, provide necessary documentation, and explore options for expunging the DUI from your records. Taking control of your legal situation requires hiring an experienced DUI attorney who can navigate the complexities of DUI cases and strive for the best possible outcome.
A skilled DUI attorney analyzes the evidence and will request additional evidence when gaps are found. First, always request maintenance and calibration logs for the chemical testing device. Secondly, obtain video or audio recordings, 911 calls, and dispatch logs. If a blood sample was taken, re-test it for BAC, preservative, and anti-coagulant levels. Finding errors and inconsistencies in the evidence will cast doubt on the charges.
A motion is a formal ruling, order, or judgment request. There are various legal grounds for filing a motion. The most common type of motion is a request to exclude specific evidence, known as a suppression motion. If the traffic stop is legally questionable, then a skilled DUI attorney will motion to suppress all evidence that stems from the traffic stop. If your attorney can prove that the officer did not have a valid legal reason to pull you over, all evidence the officer obtained becomes inadmissible: the case is dismissed.
There are lots of DUI cases that have reasonable doubt, but the prosecutors often believe they can get a conviction anyway. If prosecutors present a reduced offer to resolve the case, a skilled DUI attorney should sense blood and push for a dismissal instead of a reduction. Ben Mironer has convinced many prosecutors that it would be unethical to proceed, knowing that the case cannot be proven beyond a reasonable doubt. An ethical prosecutor will dismiss the charges and not try to convict someone for a lesser offense.
Unfortunately, nine out of ten DUI attorneys will do everything in their power NOT to go to trial because it is very difficult to do successfully and takes days or weeks. However, a skilled DUI trial attorney knows the scientific issues related to blood alcohol testing, the research as to the unreliability of field sobriety testing, the problems with various breathalyzer devices, and knows how to effectively cross-examine officers and forensic toxicology experts. To beat a DUI charge and avoid the lasting stain on your record, sometimes you must go to trial – but only with a skilled DUI attorney who knows how to challenge the evidence.
The mandatory action by the DMV is the required suspension that automatically starts the day someone is convicted of a DUI in Court. Unlike the driver’s license suspension associated with the DMV APS hearing, there is NO mandatory period of suspended time. There is immediate eligibility for obtaining a restricted driver’s license. In LA County, someone convicted of a first offense DUI must install an Ignition Interlock Device (IID) for six months following the conviction. Once an IID is installed, they can drive immediately without restrictions.
When arrested for a DUI, you must defend yourself at BOTH court and the DMV — two different courts, although the Court and DMV suspensions can run concurrently. A Los Angeles DUI attorney should handle BOTH your Court and your DMV appearances. Beware of bargain-basement or less experienced DUI attorneys who only handle the court part and neglect to tell you about the responsibilities on the DMV side.
The administrative action by the DMV is the suspension that the DMV hearing officer decides whether to impose after an Administrative Per Se (APS) hearing is conducted. With this suspension, you have an option of either four months of no driving at all, one month of no driving, and five months with a restricted driver’s license, or installing an ignition interlock device for six months. This restricted license allows someone to drive to work and back and to the required alcohol program and back.
The consequences for a refusal in Court are much worse than a regular DUI. A refusal is a sentencing enhancement that carries a 48-hour mandatory minimum county jail time requirement. The Law Office of Ben Mironer has convinced prosecutors to strike refusal allegations, eliminating the jail requirement. Furthermore, the Court requires the 9-month alcohol program with a refusal and a one-year no-driving license suspension. The peace officer must admonish the subject before the refusal takes place.
A one-year driving suspension means no driving at all. Unlike a regular administrative suspension, the Court won’t reverse the suspension even when found not guilty. These suspensions (Court and DMV) may run concurrently, which means if you start serving one, you don’t accumulate credit for the other one, but they could run simultaneously. Each suspension starts with a one-year no-driving suspension.
Someone who is under 21 must follow California’s zero-tolerance laws. A DUI, either under California Vehicle Code 23152, California Vehicle Code 23140 (.05% – .07% BAC), or California Vehicle Code 23136, carries a mandatory action of a one-year driver’s license suspension. The licensee faces a one-year administrative driver’s license suspension by the DMV. A request to run the suspensions concurrently must be made with the Court. Otherwise, it is waived. The Court can order these suspensions simultaneously, and they usually will allow that.
After 30 days of suspension, a licensee can get a critical need restricted driver’s license from the DMV. This request must be approved by the DMV and by the Court. The case must be put on the Court calendar to request permission from the Judge. The licensee must also complete an application and submit it to the DMV. The application must give detailed responses as to why there is a critical need for the licensee to drive. Typically, there must be a substantial need to drive, and the DMV often limits the amount of driving permitted under the critical need-restricted license.
Seasoned DUI attorney Ben Mironer knows how critical it is in DUI cases to keep a close eye on how the court case impacts the DMV side and vice versa. It’s imperative to hire the best attorney who focuses on DUI defense. An attorney from our office will help ease your mind by explaining all the legal issues in your case.
