In general, driving under the influence (DUI) is an offense that involves driving a vehicle while impaired by alcohol, drugs, or both, to the point that the driver is no longer capable of safely operating the vehicle. There are three types of DUI cases in California, and they are as follows:
If you find yourself charged with any of these types of DUI cases, do not hesitate to contact a qualified and reliable DUI attorney right away who has the expertise to properly navigate your case.
The reason why you need to contact a reputable DUI attorney instantly when it comes to DUI cases is that these cases move very quickly in Van Nuys. On top of the possible criminal charges that you might face, you’re also at risk of having your license suspended regardless of the outcome of your case. Detailed below is the DUI procedure in Van Nuys, for your guidance.
After being pulled over by an officer following a traffic violation or accident, you may be requested to undergo a breath test or field sobriety test, especially if the officer suspects that you may be driving under the influence. If you “fail” the test, the officer will then perform an arrest which is the first step in the DUI process. Depending on the circumstance, the officer may take you to a police station, hospital, or jail where they will measure your Blood Alcohol Content or BAC.
Following the arrest is the suspension of your license for 30 days which can be prevented if you schedule a DMV hearing within ten days from the day of your arrest. However, it is important to note that your license will be automatically suspended if you do not request a DMV Hearing within those crucial first 10 days.
Not all DUI charges can lead to actual trial as there are a series of proceedings that need to occur. First is the Arraignment where you are formally charged with DUI and Discovery (an umbrella term describing evidence the prosecutor seeks to introduce against you) is provided to your Attorney.
The Arraignment is a opportunity to enter a plea of guilty, not guilty, or no contest. The Judge will also decide whether to grant you a release on your Own Recognizance (O.R.), or to post bond, and in some rare occasions the Judge will not allow a person to be released. The Judge will also set conditions of O.R. or bond release, if deemed necessary. Further, the prosecutor may offer you a plea bargain for an early resolution of the case. Oftentimes, however, these “offers” are not in your best interest to accept and are not in your best interest to accept.
During the arraignment, it is highly necessary that you already have a trusted DUI attorney by your side to avoid you from pleading guilty to a charge that you may not even be guilty of in the first place. If the case is not dropped during the arraignment, then several pretrial hearings will follow which may then lead up to the actual trial. Please note that in California only approximately 5% require reaching a resolution by Trial, which is either a Jury Trial or Bench Trial (Judge is jury). The vast majority of trials are Jury Trials.
With an expert DUI attorney by your side, it is highly unlikely for your DUI case to reach Trial. But even if your case requires a Trial, remember that the prosecutor has to prove that you are indeed guilty beyond all reasonable doubt. And you are innocent until and unless ever proven guilty. An experienced DUI attorney is one that you can rely on as it is in his defense strategy to find reasonable doubt to prevent the prosecutor from succeeding in finding you guilty. The goal is to provide you the best chance of getting out of the case unscathed, as though the incident never occurred.
Our trusted, reliable, and experienced Attorney at DCD LAW, Kevin Moghtanei, aims to have your charges reduced or even dropped before reaching an actual trial. However, if it’s really inevitable for your case to reach an actual trial at Van Nuys court, Attorney Kevin Moghtanei and our entire team at DCD LAW are equipped and prepared to fight the battle with you and for you.
When it comes to alcohol consumption, a driver’s level of intoxication is determined through the measurement of your blood alcohol content or BAC which comes with a legal limit as defined in the California Driver Handbook. The legal BAC limit enforced in Van Nuys Courts follow the law of the State of California, which are as follows:
For those who are on DUI probation, there is a zero-tolerance policy and therefore a BAC of even 0.01% will be construed as a probation violation.
For first-time offenders, the penalties for a DUI charge in Van Nuys can include a fine of up to $1,000, a 3-month, 6-month, or 9-month DUI school, a 4-10 month driver’s license suspension, and possible jail time for up to six months, among other terms. However, second or third offenders will have much harsher penalties as the California justice system tend to be crueler to repeat DUI offenders.
In this light, hiring a reputable DUI attorney in Van Nuys at the soonest possible time will give you the best chance of not paying a huge amount in fines, avoiding license suspension, and eliminating the possibility of jail time.
There are three main factors that can escalate a DUI charge from misdemeanor to felony. One is if you’re a repeat offender who has accumulated three or more DUI cases within the course of 10 years. Second is if you have been previously convicted of a felony DUI. Third is if your DUI case involves an accident that resulted in serious injury or death of another person.
In such cases, avoid sabotaging your future by teaming up with an experienced Van Nuys drunk driving lawyer or an expert DUI attorney in Van Nuys who can build a strong defense that can deliver the best possible outcome for your case.
In Van Nuys and in the entire state of California, driving under the influence of alcohol is prohibited as stated in Vehicle Code 23152 (a). Further, driving with a BAC of 0.08% or higher is also illegal as stated in Vehicle Code 23152 (b). Compared to other states in the country, California imposes much stricter laws for DUI offenders and you could be charged both for violation of Vehicle Code 23152 (a) and Vehicle Code 23152 (b) all at once.
The worst part is that a DUI conviction in Van Nuys will leave a stain on your DMV driving record for ten years. DUI cases are often complex, and the reason why you need access to a reliable DUI attorney who knows how to navigate the system.
Yes. The DUI laws in California state that you can be charged with a DUI if you’re driving under the influence of alcohol and/or drugs. Unfortunately, you can get charged with DUI even by driving while under legal medications with legal prescriptions.
Further, taking prescription medications or over-the-counter drugs such as muscle relaxants, cold or cough medicine, painkillers, anxiety medication, can result in a drug DUI prosecution. It is also important to note that a DUI can result even if a doctor has prescribed the drug if the medication was causing impaired driving.
If you find yourself in trouble for a DUI, then give us a call today and we will discuss your situation free of charge and with 100% confidentiality. Attorney Kevin Moghtanei at DCD LAW is at your service and ready for your defense in these difficult times. Do you prefer Spanish? Then you will be glad to know that calling (818) 740-5582 will allow you to speak with a real person who’s fluent both in English and Spanish and has extensive knowledge of DUI cases.
Ease your mind and get started with us today!