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Looking For Los Angeles DWI Lawyer Online-- A Few Tips To Get You Started
California has two basic drunk driving laws, found in Vehicle Code section 23152, sections (a) and (b):
* 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
* 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
Procedurally, you should be aware of certain legal rights you have — rights which are commonly ignored by the police:
* There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
* You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
* Once arrested, you must be advised of your constitutional rights — the "Miranda" warning — before any further questioning takes place.
* You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the "implied consent" advisement).
* If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.
The DUI Process Manual - has helped thousands save considerable amounts of money on everything from legal fees to auto insurance and court costs as well as enabling people to clear their DUI records and successfully pass pre-employment background checks. It is a must have resource if you have a DUI or even an old DUI conviction record .
Drunk driving penalties in Los Angeles are set forth by statute and can be incredibly complex. The range of possible sentences is determined by the basic statute, with modifications for such things as:
* Refusing to submit to chemical testing
* Having a blood-alcohol reading over .15%
* Having a child under 14 in the car
* Speeding 20 mph over the limit
* Having a prior conviction within ten years
Within the range, the actual sentence in a drinking and driving case will be affected by:
* The facts of the case
* Any policies of the local court and prosecutors
* The weaknesses in the case uncovered by the defense attorney
* The reputation of that attorney
All of this is independent of the DMV drivers license suspension, which is determined separately and which can itself be very complicated.
Trying to find an experienced and reputable DUI lawyer in Los Angeles can be a frustrating experience. In looking for legal counsel to represent you, we suggest that the following considerations may be helpful:
* Does the attorney or firm specialize in DUI defense exclusively?
* How is the attorney rated by Martindale-Hubbell?
* Results in a DUI case are unpredictable: no ethical attorney will make promises to you
* Has the attorney been disciplined by the California State Bar?
* Does the quoted fee include the DMV hearing, expert fees, blood reanalysis, and other costs?
* Will you be charged additional fees should the case go to trial
* Insist on a written contract setting forth all costs, covered services — and any promised results.
Do not be reluctant to inquire as to the educational background of the lawyer or lawyers in the firm, the length and nature of their legal experience, and the percentage of their clientele which involve drunk driving criminal charges and DUI-related DMV license suspension hearings. Finally, it is generally a good idea to request conferences with two or three attorneys or law firms, rather than just settling immediately on the first one.
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