Driving Under the Influence Attorneys Defending People Facing DUI Criminal Charges
At Eisner Gorin LLP, a top-rated Los Angeles DUI lawyer at our law firm will focus on getting you're driving under the influence charges reduced or dismissed. We are rated a "Pre-Eminent Top 5% U.S. Law Firm" with over 60 years of combined courtroom experience and provide aggressive and thorough courtroom defense.
A Los Angeles DUI attorney at our office has developed a solid DUI defense strategy and have litigated drunk driving cases as both prosecutors and criminal defense attorneys, thus our lawyers understand where the problems of proof lie in the case against you and the most common defenses. We can help you decide whether to accept a plea bargain in your case. We need to first review the details of your case to determine best strategy.
Our attorneys are well versed in all areas DUI defense, including first DUI, DUI drugs, DUI causing injury, DUI court process, field sobriety tests, felony DUI, out of state DUI, DMV hearings, driving on a suspended license, motion to withdraw plea, Watson DUI murder, vehicular manslaughter, vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, felony hit and run, and implied consent.
Driving under the influence may have severely unwelcome consequences on your life. California DUI laws are extremely strict even towards first-time offenders. Under California Vehicle Code, the following is illegal while driving:
- Any driver may not drive with a BAC of .08 or higher.
- The driver requiring a commercial driver license may not drive with a BAC of .04 or higher.
- Drivers under 21 may not drive with a blood alcohol concentration level (BAC) of .01 or higher.
- A driver under 18 may not drive with ANY measurable blood alcohol concentration.
- Repeat offenders may not drive with a BAC of .01 or higher.
In order to prove a DUI case against you, the prosecution has to show beyond a reasonable doubt that the officer had (1) probable cause to pull you over, (2) your blood alcohol content (BAC) was above the legal limit, and (3) that your arrest was lawful.
If you have been arrested for driving under the influence, call a an attorney at our law firm to review the details of your case and discuss legal options. See our blog: Bail and Own Recognizance Release in Los Angeles and Electronic Monitoring Jail Alternative in California.
Consequences of a DUI Arrest in Los Angeles
In addition to criminal case, California Department of Motor Vehicles will automatically suspend your driving privileges immediately after a police officer has reported the DUI case.
After an arrest for a DUI, the arresting officer is required to immediately forward a copy of the notice of suspension or revocation form and any driver license confiscated to the DMV You must request the hearing from the DMV within 10 days of receipt of the suspension or revocation order, which you will likely receive upon your arrest. Contact a Los Angles DUI lawyer at our office for more information
DMV Consequences of a DUI Conviction
If convicted of a DUI, you might not only be subjected to fines, possible jail time, but also you will be required to have Ignition Interlock Device installed and be required to attend Alcoholic Anonymous classes.
The Ignition Interlock Device
Ignition Interlock Device (IID) is a handheld mouthpiece, which measures your blood alcohol level and in which you must blow in order to start your car. It works quite simply. If your breath alcohol level is below the allowed limit, your car will start.
However, if your breath alcohol level is above the limit, the car will not start. In Los Angeles County, a DUI conviction will result in the DMV requiring a driver to install an IID on their car.
Driver's License Suspension
For a first offense DUI, the DMV will suspend your driver's license for 4 months and require alcohol education classes. If you refused to submit a chemical blood or breath sample, it's possible your drivers license could be suspended for up to one year.
A suspension of up to life-time duration is possible if there was an accident involving a fatality. If you need more information, just contact our law firm to speak with an experienced criminal lawyer in Los Angeles.
DUI Blood Testing in Los Angeles
DUI blood testing can bear false readings as a result of errors or equipment malfunctions, and the readings can even yield different results when tested at different independent laboratories.
Sometimes, the equipment, or even the sample, could be contaminated, or compromised with matter foreign to the testing devices. Many law enforcement officials have been found to not be following the standard set of protocols in DUI roadside procedures as they were trained to, and are federally and state mandated to do.
Case Review by an Experienced Los Angeles DUI Lawyer
With a team of former drunk driving prosecutors, and former toxicologists at your side, you can be assured that every angle is covered when it comes to defending you in court. Our DUI attorneys in Los Angeles have clients throughout greater Los Angeles County and Ventura County.
We can help you decide whether to accept a plea bargain in your case. Our lawyers tackle cases ranging anywhere from misdemeanor drunk driving, to felony DUI, vehicular manslaughter, or even just DUI causing injury. We know the best legal strategies to avoid jail time in DUI causing injury cases.
A lawyer at our law firm will take your case seriously, and will be the first to point out ways that a seemingly endless uphill battle might actually be a simple matter of targeting certain key failures or errors, and securing your own freedom and well-being.
When our attorneys tackle a DUI case in Los Angeles, we investigate the training and background of the arresting officer, will reanalyze blood samples, will examine and inspect the equipment (including breathalyzers, etc), as well as their maintenance and upkeep.
Our lawyers will also cross-examine officers at live DMV hearings, subpoena all relevant officials to ensure all the mandated protocols were adhered to, and even deconstruct and evaluate the case to find the issues, which then leads to a successful DUI defense. See our blog: Can You Pass the DUI Field Sobriety Test?
Contact a Los Angeles criminal lawyer at our firm for a case analysis if you have been arrested for driving under the influence. Our DUI attorneys will review your case, starting from the basics of what happened leading up to the arrest, what happened during, and what followed.
Afterwards, a court hearing and the examinations at the DMV will follow, to gather every bit of the evidence and information necessary to best present you. Victim of police misconduct? See related: California Pitchess motion.
DMV Administrative Hearing in Los Angeles
Generally, your Los Angeles DUI attorney will conduct hearings on your behalf, and you must also request an appeal with the DMV within ten days of your arrest, else your license will be set to set to be suspended after thirty days.
Your lawyer can request and help schedule the hearing for you, taking extra care to provide enough time for you and your attorney to prepare the case in your defense, and to have a hand in which DMV officer is assigned to the case in question.
Your criminal lawyer can conduct the hearings on your behalf, and you may or may not be asked to attend the proceedings in person. Your attorney's primary goal is to convince the Department of Motor Vehicles to not suspend your license. Your lawyer will then also use the DMV as an opportunity to gather evidence that might prove useful in court.
You can usually get a restricted license within a month, if you are hit with a license suspension, which will allow you to use your vehicle for transportation to and from work, and work-related activities, sometimes even without the inclusion of a drunk driving program, although the state will sometimes mandate the program regardless.
You must respect the suspension if it's issued, as a refusal to adhere to the suspension can result in jail time, fines, and drastic increases in the duration of your license suspension. Speak with an attorney from our office for more information about this process.
If your BAC exceeds 0.08, you may be charged with two misdemeanor crimes, those being driving under the influence, and driving with excessive BAC. Your lawyer's goal is to avoid conviction for either of these offenses.
By the end of the hearing, the DMV Officer will take the matter, along with written findings, in order to reach a decision, which is usually mailed out in one to thirty days. If the ruling by the DMV is found to be in your favor, no suspension of license is imposed, although a conviction in court could possibly risk a separate suspension of license. If the DMV Officer rules against you, you could be facing license suspension and/or forfeiture within a few days of receiving notice.
Fight Your Charges by Calling a Los Angeles DUI Lawyer
You do not have to just sit and accept having your freedom, mobility, and property seized or restricted, especially if further investigation might yield compromised equipment, or improper DUI arrest or investigative procedure, including any instances of improper or only partial adherence to mandated protocols and procedures.
It's critical to consult with an experienced DUI lawyer immediately after an arrest. The ultimate goal of our attorneys is to challenge the prosecution's case such that they are unable to prove beyond reasonable doubt all elements of the DUI case.
In order to aggressively defend you, our lawyers will obtain and examine all relevant evidence in your case, including but not limited to, a police report, which is examined for any inconsistency in the statements given. Our attorneys will subpoena any video footage if available of the DUI arrest. We will review every situation based its facts.
Let a skilled Los Angeles DUI attorney from our firm prepare and file any pre-trial motions, if necessary, including but not limited to, Motion to Suppress Evidence or Pitchess Motion. Our lawyers will actively engage in plea negotiations with the prosecution, which may even lead in some cases to complete dismissal of the case for insufficient evidence. See related: Reckless Driving.
Call a Los Angeles DUI lawyer at our law firm immediately for a free immediate response at (877) 781-1570.