Arcadia DUI Attorney

Because the influence of alcohol and drugs impair a person’s reactions and thought processes, these offenses are taken very seriously in a court of law.In the state of California, prosecutors and judges alike are known for pushing maximum punishments for DUI offenses. These include hefty fines, jail time, and a suspended driver’s license. There are a variety of factors that affect the punishments and the way a judge reacts to the DUI offense.

If you find yourself being charged with a DUI in Arcadia County, it is imperative that you obtain a skilled DUI lawyer. These criminal defense attorneys are well-versed in the process of these charges and proceedings, and they can help you through every obstacle along the way. Whether you were wrongly charged or simply made a mistake, our team helps you get the best possible outcome for your situation.

What Should You Do After You Have Been Charged With a DUI?

If you have caused or have been in an accident and have been charged with a DUI, your license will be taken, and you will be arrested in Los Angeles County. Generally, you will be released after your arrest and will be given a citation with a date and time to appear in court. In more serious cases, the judge will make you post bail before being released. If you are unable to post bail, you will have to appear in front of the judge before being released.

It’s important to note that after getting a DUI, two separate proceedings will happen: the criminal prosecution for being arrested for a DUI and the Department of Motor Vehicles’ action. Both of these proceedings are separate from one another and will come with their own punishments and consequences.

You will need to request a DMV hearing within ten days of your arrest because, after your release from jail, you will be given a temporary driver’s license that will last for only 30 days. The DMV will likely suspend your license for a period of time. The frame of this suspension varies from case to case and will depend on the severity and logistics of the accident.

After the arrest for the DUI takes place, the arresting officer will move forward the information to the appropriate California prosecuting agency. Depending on where the accident took place and other factors, the case will likely be prosecuted by Arcadia County’s District Attorney’s Office. After the prosecutors review the case, they will prepare a criminal complaint and file formal charges with the appropriate superior court.

The criminal proceedings start with an arraignment, and you will likely enter a plea and continue the case to trial. Sometimes, defense lawyers are able to negotiate a suitable plea that will keep you from having to go to trial. If you end up going to trial, your attorney will provide the evidence to fight your case.

This is why it is so important to get a defense lawyer as soon as possible after you have been arrested for a DUI in California. The process of a DUI case is lengthy and can also be complicated. Having a defense attorney on your side will make the process easier and more favorable for you.

How Much Does a Arcadia DUI Lawyer Cost?

The cost for a DUI lawyer in California depends on a lot of different factors, such as the experience and ratings of the lawyer, the complexity of the case, the caseload of the attorney, the location, and the potential for a trial. In general, the costs can range from as little as $500 to $10,000 or more.

A lawyer who is fairly new and has not accumulated a large amount of experience will cost significantly less than one who is top-rated and has years of positive experience.

If a case is complex, it will obviously take more time, and it will be harder to fight the case, leading to a higher cost. Factors that affect the complexity of a case include the amount of DUIs the driver has on their record, whether the driver received a misdemeanor or felony, if the defendant caused injuries or death, and if the defendant violated probation.

Although this isn’t necessarily true all the time, some attorneys will adjust their prices based on their current caseload. For instance, an attorney with a large caseload may charge more simply because their time is at a premium. If it is known that the specific courthouse in which the case is being prosecuted has difficult judges, the defense attorney may charge more, as they are going to have to do more research to build a stronger case. Courthouses like these often have longer trials, as well.

When the defendant has caused injuries or death or has violated probation, the price significantly rises when it comes to securing a DUI defense lawyer in Arcadia. Getting a favorable outcome for a case when a driver already has other DUI offenses can add work and time to the case.

Possible Penalties For A DUI in Arcadia, CA

California has harsh penalties for repeat offenders, but they also take first-time offenses very seriously in an effort to deter future behavior. Not only will there be fines and suspended licenses, but there is also the possibility of jail time.

Typically, punishments for DUIs in California are as follows:

• First DUI Conviction: A fine ranging from $390 to $1,000, jail time up to 6 months, and a license suspension of up to 6 months
• Second DUI Conviction: A fine ranging from $390 to $1,000, jail time up to 1 year, and a license suspension of up to 2 years
• Third DUI Conviction: A fine ranging from $390 to $1,000, jail time up to 1 year, and a license suspension of up to 3 years
• Fourth DUI Conviction Plus Felony: A fine ranging from $390 to $1,000, jail time up to 3 years, and a license suspension up to 4 years
• Injury DUI: A fine ranging from $390 to $5,000, jail time up to 1 year, and a license suspension of 1 to 3 years
• Felony Injury DUI: A fine ranging from $1,015 to $5,000, jail time up to 16 years, and a license suspension of up to 5 years.

There are factors that can increase the amount of time you could spend behind bars. Some of these might include a DUI where the driver caused others to obtain injuries or death, a DUI with a passenger who is a minor, having a higher blood alcohol concentration (BAC), and refusing a chemical test after your arrest.

It’s important to note that when referencing jail time, those who are charged with a misdemeanor and get punished with time behind bars will go to jail, whereas those who are charged with a felony will likely go to prison.

Can an Arcadia DUI Attorney
Help You Avoid Jail Time?

In a short answer, yes, a DUI defense attorney could help you avoid jail time. The way to avoid jail time is by beating the case, and the way to do that is to have a good defense lawyer. Even when a blood alcohol test is positive and above the legal limit, a defense lawyer can fight to lessen the charges or have them removed altogether.

Their aim is to negotiate criminal case dispositions to make their client not guilty or to lessen their offense. Most DUI cases are very fact-driven. We use a variety of different strategies and tactics to disprove these facts. There are many cases when the facts brought by officers to use in their cases end up having to be thrown out because there isn’t enough evidence.

In some cases, attorneys have enough knowledge and tactics to get the case dismissed or acquitted in court.

What Are the Most Common Defense Strategies For a DUI?

A defense lawyer will try to prove your innocence to avoid you getting jail time. They will do this by using one or many defense strategies.

1. Breath Alcohol Test Was Inaccurate. A breath alcohol test, generally known as a breathalyzer, provides a measurement of the blood alcohol level in your blood. In California, it is illegal for a person driving with a BAC of 0.08% or more. Someone who is operating a commercial vehicle has a legal limit of 0.04%, and a person who is under 21 has a legal limit of 0.01% or more. A DUI defense attorney, along with a forensic toxicology expert, will try to prove that the test was inaccurate by saying it gave a false result, it was incorrectly administered, or there was some medical reason it gave a higher reading.
2. Field Sobriety Test Was Incorrectly Administered. A field sobriety test is a standard test that is given to look for cues of impairment. There are three different tests that are accepted in the court of law. These are horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg test. However, they are only 60-70% accurate and have been known to be completely invalid when performed on individuals who are overweight, elderly, or have a disability. Defense attorneys normally challenge these tests if they are the basis for the DUI.
3. Illegal Stop of Person or Vehicle. A police officer must have a valid reason for stopping or pulling you over. They must believe that a traffic law or other law has been violated and cannot just stop you based on a hunch. In court, they must prove the reason they made the traffic stop. A DUI defense lawyer will look at the case to see if there was no legal justification for the stop.
4. Suspect Not Given Opportunity to Contact Attorney. It is the law that everyone has the right to consult with a lawyer after being arrested or during a criminal investigation. If a suspect is denied this right, this will often end in a dismissal of the charges.
5. No Evidence of Suspect Being in Physical Control of Vehicle. When a motorist is impaired but not actually driving the vehicle, they are not to be found guilty of a DUI. The courtmust determine if there is evidence to support whether the driver was in actual physical control of the vehicle or just using it for shelter. In this circumstance, a DUI defense attorney will demonstrate that the motorist was indeed using it for shelter.

Key Things to Do If You Are Being Stopped for A DUI

Once you have been pulled over for suspected DUI, there are things you can do to help your situation and increase the chances of a favorable outcome for your case.

• Be polite to the officer, and do not adopt an attitude
• Do not refuse to take a chemical test once you have been transported to the police station – it is required by law to complete
• Do not admit to being in physical control of the vehicle
• Do not agree to a PAS unless you are underage or on probation (then, it is required by law)
• Do not make sudden movements
• Do not overtalk or overshare information
• If the police come up to your car, do not drive away

A DUI Attorney Is Here to Help You If You’ve Been Arrested

The job of a DUI lawyer is not to judge you; it is to help you. Be honest about your situation and discuss your decisions with your defense attorney. They have years of experience with cases and know the best direction to take to get through the case and help you either get out of the DUI or receive as little consequences as possible.

Contact a DUI Defense Attorney at the Office of Daniael P. Flores

If you find yourself facing a DUI charge in Los Angeles County, contact our office today. We have the experience and knowledge to help you through the process of the DUI proceedings and potential trial. We know a DUI can be challenging to handle, and we are ready to help get you through this difficult time.