Los Angeles DUI Lawyer

Los Angeles DUI Defense Attorney

At Gibbons & Gibbons, a drunk driving defense law firm, we provide DUI defense representation for individuals accused and charged with DUI in the Los Angeles area. If you are looking for an experienced Los Angeles DUI lawyer, look no further. Feel confident hiring a professional committed to fighting for your rights and ensuring an ideal outcome for your case.

We understand being charged with a DUI can be a frightening and overwhelming experience. Our LA DUI attorneys are here to guide you through the legal process, providing experienced legal representation for your case. Whether you’re facing your first DUI charge or have previous DUI convictions, our criminal defense lawyers can help you.

At our Los Angeles law firm, we believe in building a strong attorney-client relationship. We’ll work closely with you, ensuring you understand all of your options and make informed decisions about your case. Our experienced DUI defense lawyers can fight to protect your rights, challenge any evidence against you, and work tirelessly to defend your case.

If you have been charged with DUI, Gibbons & Gibbons can provide the defense that you need. Call (562) 802-3602 today or contact our firm online.

Requirements for a DUI Charge in Los Angeles, CA

Before an officer can pull you over under suspicion of drunk driving, the officer must have witnessed signs of intoxication or have been tipped off by a witness. Random DUI stops outside of designated DUI checkpoints are unlawful and can be grounds for having your charges thrown out.

Additionally, an officer must have solid evidence of intoxication before making an arrest, such as failed field sobriety tests or a blood alcohol content (BAC) reading of 0.08 percent or higher.

Is It Worth Fighting a DUI in California?

If you think you can’t challenge the DUI charges, there is still some value in trying, depending on your specific circumstances. There may be factors or technicalities that absolve you of this criminal offense, which you wouldn’t be privy to until a qualified attorney brings it to your attention.

There’s no reason to resign and give up when you don’t know how strong of a chance you may have to get your DUI charges dropped altogether. If your options are limited, you might be able to go for a plea bargain, which may also lend to lighter penalties and sentences.

Do You Need a Lawyer for a First-Time DUI in California?

It is always wise to acquire legal counsel when facing serious violations and misdemeanors, especially if your crime can be considered a felony. This also prevents you from representing yourself in court. Even if you want to save on costs and think yourself well-read on the legalities, you may overlook or forget something, especially when facing the prosecution.

Both the prosecution and defense attorneys would have more time to prepare for a case and various resources, most not easily available to citizens representing themselves in court. Representing yourself in court following a charge of driving illegally while intoxicated also inherently weakens your impact on the court and, thus, your case.

Even for first-time offenders, you could potentially face one or several serious penalties, such as:

• Up to three years probation
• Up to three months in jail
• Mandatory participation in a DUI program
• Up to $1000 in fines
• License revoked for at least six months
• Possible installation of an ignition interlock device on your vehicle

Is It Worth Getting a DUI Lawyer in California?

It is certainly worth hiring a professional equipped with deeper legal knowledge than you may have and whose job it is to fight for and protect your rights. They’re used to juggling the several moving parts and steps involved in a DUI case.

Attorney fees won’t compare to the peace of mind and security you feel knowing a prepared lawyer is in your corner to guide you, understanding the details of your case and approaching it with the strongest defense strategies available. Consider hiring a DUI defense attorney to be an investment for your future, utilizing them to combat or diminish the lasting effects of a conviction and the penalties it could have on your life.

How Do You Beat a DUI Case in California?

Beating a DUI case is never guaranteed. However, there are numerous defense strategies your attorney may use during your trial that could drop the charges against you or lessen the penalties. The prosecution must successfully prove you were indeed driving the car since you were charged with operating a vehicle while intoxicated. Therefore, one defense involves presenting evidence that you were not driving the car.

The prosecution in a DUI case must also prove you were under the influence. If your BAC was below 0.05 percent, you are presumed not to have been under the influence, and the prosecution must use other evidence to prove your intoxication. This is especially relevant in drug DUI charges. If your BAC was below the legal limit (0.08 percent) to begin with, this can be used in your defense to show that you were not driving under the influence.

Faulty Testing Procedures

Another area your attorney can make use of is testing procedures since they are frequently subject to errors and can be deemed invalid. Field sobriety tests may yield inaccurate results in non-ideal environmental conditions, under unclear instruction, or if you are nervous, tired, or have a medical condition that affects your balance or motor skills; you could fail a test even if sober.

Breathalyzer and lab tests can result in false BAC readings if any equipment is not properly calibrated, and blood samples can be contaminated. Breathalyzers may also display skewed results due to residual “mouth alcohol” from cold medicine, mouthwash, belching, and other sources. Chemical testing results can also be contested if it’s discovered that procedures or regulations weren’t correctly followed by the testing agency.

Rising BAC Levels

Additionally, there is a defense that “rising BAC levels” can influence test results in cases when the defendant was tested only after being taken into custody. This defense is based on the fact that the body processes alcohol over time. If the individual’s last drink was recent, then their body has had time to further process the alcohol while in custody. This implies that their BAC wouldn’t have exceeded the legal limit while driving if they had been left to reach their destination unencumbered.

Violation of Rights

If your Miranda rights were not given to you or were read improperly to you upon apprehension, then any statements you said to the officer are rendered useless as evidence for the prosecution within the court.

If you believe that your rights were violated during a DUI stop, there are several steps you can take to challenge the charges against you:

• Document the details of the stop. As soon as possible after the stop, write down everything you remember about the incident. Include details such as the time and location of the stop, the reason given by the officer for the stop, and any conversations or interactions you had with the officer.
• Obtain a copy of the police report. Request a copy of the police report from the arresting agency as soon as possible.
• Consult with a DUI lawyer. A DUI lawyer can help you review the facts of the case and determine whether your rights were violated. If your rights were violated, the lawyer can help you file a motion to suppress evidence or challenge the charges against you.
• Determine whether the stop was legal. For a DUI stop to be legal, the police must have had a valid reason to pull you over, such as a traffic violation or suspicion of DUI.
• Challenge the accuracy of the tests. If you were subjected to a field sobriety test, breathalyzer test, or blood test, the accuracy of the test may be challenged. A DUI lawyer may be able to argue that the tests were not administered properly, the equipment was not calibrated correctly, or that the test results were mishandled.

Our Los Angeles criminal defense lawyers can thoroughly investigate your DUI stop, DUI investigation, and blood test results to build a strong defense and prevent you from facing charges or convictions. If your rights were violated during a DUI stop, it may be possible to have the charges against you dismissed or reduced.

It is important to consult with one of our qualified DUI lawyers at Gibbons & Gibbons. We can help you understand your legal options and develop a strong defense strategy.

How Much Does a California DUI Lawyer Cost?

First-time misdemeanors can range from $1,000-10,000. In cases when serious injury or a death occurred, attorney expenses can go up to $70,000 or more if the lawyer is especially experienced. This is due to the additional investigation and research time needed for these felony charges, as well as the extra court appearances that likely will extend litigation time.

Other complicating factors in a DUI case include whether or not the offense was aggravated (children present, property damage, very high BAC, etc.), a first-time DUI violation, in discordance with the terms of probation, within the county, requires additional chemical testing, or in front of any witnesses.

A DUI attorney could charge a flat fee, an hourly rate, or a payment plan. Most will require a downpayment before attending court. Attorneys with acclaimed skills and experience in helping crime defendants are unsurprisingly busy and highly sought after; thus, their fees reflect this. You could argue that these costs are fair when considering penalties upon potential conviction.

What You Can Expect in California DUI Hearings

DUI hearings are legal proceedings that are held to determine whether someone should be charged with DUI. If they are, it determines the penalties they should face. Here are the types of DUI hearings that may be involved in a DUI case:

• Arraignment: The arraignment is the first court appearance in a DUI case. The defendant is informed of the charges against them and enters a plea of guilty or not guilty.
• Pretrial Hearing: A pretrial hearing is a hearing that takes place before the trial. The prosecution and defense may discuss the evidence and potential plea bargains.
• DMV Hearing: In some states, a DUI arrest triggers an administrative hearing with the Department of Motor Vehicles (DMV). This determines whether the driver’s license should be suspended.
• Trial: The trial is a formal court proceeding where the prosecution must prove their case beyond a reasonable doubt.
• Sentencing: If the defendant is found guilty, a sentencing hearing will be held to determine the appropriate penalties.

Overall, DUI hearings can be complex. They may involve a variety of legal strategies and defense tactics.

Penalties for Drunk Driving in California

While a first-time DUI can land you in jail for a few days and result in a fine of up to $1,000, a fourth or subsequent DUI is a felony that could land you in prison. A conviction for DUI also can result in a suspended driver’s license for a year or more, and an ignition interlock device may be installed in your vehicle to prevent you from driving under the influence again.

Beyond paying fines, serving jail time, or losing your license for a period, the effects of a conviction can continue long after the legal penalties are dealt with. You may face difficulty when searching for job opportunities or housing. You could also lose or be prevented from obtaining certain career licenses and be subjected to losing certain rights, such as owning firearms or voting. These are just a few examples of the impactful life changes conviction can cause.

FAQs About California DUI Laws

Q: How much does a DUI lawyer cost in Los Angeles, CA?

A: Generally speaking, the cost of a DUI lawyer in Los Angeles can range from a few thousand dollars to tens of thousands of dollars. Some DUI lawyers charge a flat fee for their services, while others charge an hourly rate. A flat fee may cover all aspects of the case, including legal representation, court appearances, and negotiations with prosecutors. Alternatively, an hourly rate may be charged for each hour the lawyer spends working on the case.

Q: Is it Worth Getting a Lawyer for a DUI?

A: Yes, it is generally worth getting a lawyer for a DUI case. A DUI charge is a criminal offense and can have serious consequences that can impact your life for years to come. A DUI lawyer can help you understand the charges against you, the potential consequences, and the options available to you for resolving the case.

Q: What Is the Best Defense for a DUI?

A: The best defense for a DUI will depend on the specific circumstances of the case. However, here are some common defenses that a DUI lawyer may use to challenge the charges against you:

• Challenging the validity of the traffic stop
• Contesting the results of the field sobriety test
• Challenging the accuracy of the breathalyzer or blood test
• Arguing that you were not impaired
• Arguing that your rights were violated

Q: What Is the Best Case Scenario for DUI?

A: The best-case scenario for a DUI is to have the charges against you dismissed or to be acquitted of the charges in court. However, the likelihood of this outcome will depend on the specific circumstances of the case. In some instances, a DUI lawyer can negotiate a plea bargain with the prosecution that results in reduced charges or penalties. For example, a plea bargain may result in a lesser charge, such as reckless driving. It can also bring a reduction in the fines and penalties associated with a DUI conviction.

Consult A Los Angeles DUI Lawyer Today

Gibbons & Gibbons has represented countless clients facing all kinds of criminal charges. From misdemeanors to felonies, we can fight your charges and protect your driving privileges.

If you are facing DUI charges in Los Angeles, CA do not hesitate to contact us today. Our team of expert criminal defense lawyers are here to help you navigate the legal process and protect your rights. Contact us today and let us be your go-to Los Angeles DUI attorney team for all your DUI defense needs.

Call (562) 802-3602 today to request your free initial consultation and discuss your options with a lawyer from our firm!

Los Angeles, CA DUI Resources:

• Aggravated DUI
• Underage DUI