What is the most important thing a Los Angeles DUI attorney can do for clients? Fight for their clients! That’s why the Law Offices of Jonathan Franklin fights hard for every client.
What are the Consequences of a DUI Arrest?
A driving under the influence arrest has serious consequences in the criminal courts and California’s Department of Motor Vehicles. The consequences can impact driving privileges, career, reputation and freedom.
Consequences in the Criminal Court System
One serious consequence is a permanent criminal record. A DUI may appear as a felony, misdemeanor, or both on a driver’s criminal record, negatively impacting an individual’s career and ability to retain professional certifications like teaching credentials and nursing licenses.
Other consequences include:
• Mandatory AA attendance
• Large fines
• Alcohol education classes
• Possible jail time
• Possible license suspension
Keep in mind, the criminal court license suspension is in addition to the administrative DMV license suspension.
Most DUI charges are misdemeanors. A DUI misdemeanor can involve a short county jail term, alcohol education courses and fines. Under certain circumstances, the DUI charge may be bumped up to a felony when:
• Accidents cause serious bodily injury to a victim
• The car accident was a hit and run
• There are prior DUI convictions
A felony DUI conviction has the possibility of substantial time in a California prison.
Consequences at the Department of Motor Vehicles
The DMV is harsh when a driver is charged with a DUI. It will automatically suspend your driver's license unless you set the matter for a DMV Administrative Per Se Hearing to challenge the suspension. How the DMV suspends driving privileges depends on numerous factors like:
• Your driving record
• Whether you submitted a breath or blood alcohol sample during the DUI stop
If the DMV suspends your driver’s license: It’s suspended for four months for a first time DUI charge. DUI alcohol education classes are required too. If you refused to provide a breath or blood sample to police during the traffic stop, the suspension is up to one year. A life-time suspension is possible if a person died as a result of a DUI related car accident.
Ignition Interlock Device: In Los Angeles County, you will be required to install an IID in your vehicle as result of a DUI conviction. The IID is a Breathalyzer installed onto the car’s ignition. The car won’t start if the device detects alcohol on the driver’s breath.
Car Insurance Rates: Your car insurance rates will increase because of a DUI conviction. This can potentially cost you thousands more in increased premiums.
Remember, when your license is suspended by the DMV, the suspension can be served concurrently with any suspension that occurs as a result of a DUI conviction in criminal court.
Building a Successful DUI Defense
Building a wining DUI defense starts early. It’s vital to start gathering evidence while it’s still available. In fact, many DUI attorneys want to start gathering evidence immediately after a DUI arrest. While meeting with a client, a DUI attorney will go over the details of the arrest and take steps to preserve all evidence.
While all the details are still fresh in your mind, you can confidentially discuss the facts of your case. Your attorney can take the steps necessary to preserve valuable evidence, like surveillance camera footage, which may be erased, damaged or lost over time.
In addition to preserving evidence, your attorney can contact the DMV to schedule your administrative hearing to challenge your driver's license suspension. Keep in mind that the DMV acts swiftly to take away driving privileges. In fact, the DMV will suspend a license within 30 days of an arrest. A DUI attorney can arrange for this DMV hearing which will stop the suspension from taking effect after the 30 day temporary license expires, if the request is made within 10 days of the arrest.
A DUI lawyer’s job is to fight to protect clients by showing:
• The charge should result in a dismissal before trial or a not guilty verdict
• The driver’s license shouldn't be suspended
• Client shouldn't go to jail or prison based on evidence
The above are some examples of the fighting spirit and dedication we have at the Law Offices of Jonathan Franklin for every one of our cases. Fighting for clients is what we do. We know that a DUI case can be resolved successfully with the right team for attorneys and the right strategy.
Contact the Law Offices of Jonathan Franklin and speak with a Los Angeles DUI attorney ready to fight for you.
Steps You and Your Attorney Can Take to Build DUI Defenses
Every case is different. However, they typically start in the following manner:
1. Meet for an initial consultation with an experienced DUI lawyer to review the case
Always be honest with your attorney when discussing your DUI case. All DUI cases have unique legal issues that an attorney can use to build a defense. So tell your attorney everything in order to help your case.
2. Arrange the DMV hearing
The hearing has a major advantage. Your attorney will use the hearing to gather additional evidence. There’s no prosecutor at the hearing other than the DMV hearing officer who acts both as a prosecutor and a judge. It will be you, your attorney the DMV hearing officer, and potentially the officer involved in the case. This allows your attorney to gather certain evidence in your case without having to disclose the information to prosecutors in the criminal case.
3. Gather More Evidence with the Court Process
Your attorney will use court conferences with prosecutors at the arraignment to find out potential deals. Your attorney will continue to gather evidence in an effort to win at trial.
When thinking about your DUI case, you want to answer two questions. What are you facing in terms of consequences or punishment because of the DUI arrest? What can a Los Angeles DUI attorney do to help you with your DUI case? Getting the answers to those questions will go a long way to assisting you in putting the DUI arrest behind you.
What Happens in a DUI Case?
There are three phases of a typical DUI case. How far a DUI charge proceeds through each phase depends on a lot of factors.
1. The Arrest
A general DUI case can start during a traffic stop conducted by the police or highway patrol officer. If you are arrested for DUI, you will receive a “temporary” pink license before being released from police custody. An arraignment, or initial court date, will be given to you. It is your responsibility to determine what to do about your criminal case and DMV hearing. You should make an appointment with a DUI attorney as soon as possible to discuss your case.
2. DMV Hearing
To avoid losing your license, you must notify the DMV within 10 days of the arrest to request a hearing. If there’s no request, the department will automatically suspend your driving privileges. A DUI attorney will know how to set up your case to the DMV and prepare a defense for your hearing.
Please note: The DMV hearing isn’t an information review or interview. It is a legal process that effects your driving privileges.
3. Criminal Court Process
If you are arrested for DUI, you will be told to attend a hearing. At the hearing, a judge reviews the charges and will tell you that you have the right to hire a lawyer. A majority of first time DUI’s are misdemeanor charges with up to six months in jail and up to one thousand dollars in fines, excluding penalty assessments. Possible probation and license restrictions are often part of DUI penalties.
The court process, including attendance at all court hearings, must be handled properly so additional penalties like jail or fines don't occur as a result of missed court hearings.
Consulting with a DUI Attorney
A consultation with a DUI attorney will answer the question you have about your charge. The consultation will also allow your attorney to show defenses available to you. Contact the Law Offices of Jonathan Franklin to schedule your free consultation.
Winnable Defenses Used in DUI Cases
A DUI defense attorney should be familiar with the possible defenses that work in typical DUI cases like lack of probable cause for the traffic stop. Also, another winnable defense involves the use of scientific evidence and studies to attack field sobriety test results which have been conducted by law enforcement.
DUI defense attorneys typically know which defenses to use against warrantless searches, calibration of breath-testing machines and illegal searches. Some common defenses used to win DUI cases include:
• Challenging the stop
• Attacking the police investigation
• Arguing rising blood alcohol
• Showing the police testing of breath or blood samples were improper
• Attacking the sufficiency of evidence
Some people arrested for DUI think they are powerless to do anything positive about the charge. You have the power regarding your DUI arrest. You can:
• Call a lawyer
• Ask questions about your case
• Learn more about your DUI charge
• Determine the best path to take regarding your DUI charge
You must act quickly. Time is of the essence when a DUI charge is involved. For example, you have to act within 10 days or the DMV will automatically suspend your driving privileges.
Once the case is reviewed by an attorney, a plan of action is created. Your Los Angeles DUI attorney then arranges for the DMV hearing and represents you in court. Hiring a DUI criminal attorney means you won’t have to miss work or school because of countless DMV and court hearings. Your attorney can attend many
hearings on your behalf.
The Law Offices of Jonathan Franklin is Just a Phone Call or Click Away
Get ready to have a legal fighter on your side. We relentlessly and aggressively fight for the best possible outcome in your DUI case. It’s what we do for all of our clients. We fight every day for the rights of people facing DUI charges.
Let us fight for you. Whether you’re facing a first time DUI or a felony DUI offense, you need someone on your side to fight for you. That’s why it’s important to contact the Law Offices of Jonathan Franklin. We want to reduce the stress and burden you’re going through regarding your DUI charge.
Depending on your current situation and career, a DUI can be devastating. It can also be embarrassing. Don’t let the embarrassment or fear of the unknown stop you from doing what’s in your best interest: hiring a DUI attorney who can resolve your legal troubles. Yes, you’re facing a DUI charge. This is a bad situation. Start fixing the situation by calling a DUI attorney who can help you get your driving privileges restored and your life back to normal.
Why Hire a Los Angeles DUI Attorney?
Many people facing a DUI charge aren’t career criminals. They are people facing first time DUI. They wonder what will happen next because they’ve had little to no contact with the criminal justice system. Whether this is your first DUI charge or a subsequent one, you should hire an attorney to help your resolve your matter so you can move on with your life.
It’s understandable that you are scared and hesitant to find out what happens next. A DUI arrest has far reaching consequences on your life. So don’t be afraid. It’s important to speak with an attorney to find out the best legal path to take to resolve your DUI charge.
Our website is dedicated to helping you understand more about a DUI arrest, charge, defense and possible outcome. Remember a DUI charge can be successfully fought. Some of the worst consequences of a DUI charge can be reduced or eliminated with the help of the right attorney.
The night you were arrested, your license was probably taken by the arresting officer. You’re were most likely given a temporary notice and notice of suspension. If you don’t do anything, that notice of suspension will take effect. Once again, within 30 days of your arrest, you will lose your driving privileges. You have to act within 10 days of your arrest in order to request a DMV hearing to challenge the suspension of your driving privileges.
In situations where you refuse to take a chemical test, your driving suspension will last up to one year.
The DMV can suspend your driving privileges even if you win in criminal court or the prosecutor doesn’t pursue charges against you. Why? The DMV and California criminal court are separate. They don’t work together regarding your DUI charges.
The Law Offices of Jonathan Franklin Will Handle Your Hearings
After a DUI arrest, the first court appearance, or arraignment, occurs. An arraignment can be terrifying to many drivers charged with DUI because of the fear of the unknown. There’s nothing to fear. An arraignment is just a hearing where a judge reads the criminal charges to the defendant. The defendant is then told he has a right to hire a lawyer.
If the defendant hires a lawyer prior to the arraignment, he won’t have to miss work to attend the hearing. His lawyer will represent him at the arraignment. While at the arraignment, the lawyer will review the case with prosecutors and start negotiating any plea deals. The lawyer may also start negotiating to have the charge dismissed based on the evidence gathered so far.
The Law Offices of Jonathan Franklin Will Help You Keep Your California Driver’s License
If you don’t request a DMV hearing within 10 days of your DUI arrest, the department will automatically suspend your driving privileges. After the suspension, there’s nothing you can do to reverse the process. That’s why it’s vital to contact a DUI attorney as soon as possible in order to help you keep your driving privileges.
With an attorney’s help, you’ll be doing everything possible to keep your license and prevent a DUI conviction from becoming a part of your criminal record. Unfortunately, many people think there’s nothing that can be done if arrested for DUI. That assumption is wrong. Knowing the law and winnable defenses separate the good lawyers from the average ones. A knowledgeable and aggressive Los Angeles DUI Defense Attorney can help you successfully resolve your DUI case and move on with your life.
To understand more about your DUI charge and possible defenses, contact the Law Offices of Jonathan Franklin to schedule your free consultation. We’re ready to help you resolve your DUI charge.