DUI Defense

What To Expect With A First DUI Offense

California Vehicle Code (VC) sections 23152 (a) and 23152 (b) under 23536

 

If you are convicted of your first DUI in California, this means the prosecutor has proven or you have agreed to plead guilty to:

1. Driving a motor vehicle,

2. Under the influence of alcohol or drugs, or had a Blood Alcohol Content, (BAC) of .08% or higher at the time of driving.

Penalties A conviction for first offense DUI in California normally triggers these penalties:

1. 3 to 5 years of informal probation (typically five years). "Informal probation" means there is no supervision, i.e., no reporting to probation officer.

2. DUI First Offender's Program (class), usually lasting 3 months

3. A fine of around $1800 to $2300 (actual amount varies by county)

4. A 4-month license suspension, which is ordered by the California Dept. of Motor Vehicles, (DMV), with the possibility of a restricted license after 30 days

5. If your BAC is greater than .15, a higher fine and longer attendance in the DUI First Offender's Program (class) may be ordered. In these instances, the First Offender's Program may be extended to 6 months.

Contact the Lee Law Group to fight your first DUI offense. Because a first offense in California is a misdemeanor, a person charged with it is entitled to a jury trial before being convicted in court, as well as a hearing at the DMV before a license suspension is imposed.

We at the Lee Law Group will do all in our power to prevent a conviction and to prevail at your DMV hearing. Among other factors, we will investigate your ‘stop’ and the arresting officer's actions to be sure that none of your constitutional rights were violated.

Then we will investigate the equipment used to measure you blood alcohol content, (BAC) to ensure the breathalyzers were calibrated and otherwise operating correctly; and the labs were clean and properly equipped. In addition, if your BAC was measured by a breathalyzer we will investigate the officer's breathalyzer administration training and continuing education to be sure he was trained and current in his breathalyzer administration education. If your BAC was measured by a blood test, we ensure that the phlebotomist who drew the blood and the lab technician who tested its alcohol content were properly trained and current in their continuing education. Often a breathalyzer's malfunction or missed inspection date, or an improperly trained lab technician, can win a dismissal, keeping your record clean.

At this point, if some irregularity in equipment or training is found we will negotiate with the prosecutor from a position of strength, showing them the defects and weaknesses we have found in their case and the practical considerations that may prevent their proving your guilt beyond a reasonable doubt. Often times these steps will allow us to get your charges reduced, gain a case dismissal or allow us to negotiate a plea bargain agreement that you can accept. If we are unable to negotiate a plea agreement we are willing to fight and win your case in court before a judge and, or jury.

No matter which avenue you chose, in close consultation with our lawyers, the Lee Law Group will fight for you.


* If for some reason you are required to face the penalties above, we often can still lessen some portion of them. Contact the Lee Law group so we can examine your specific case to determine if this may be done. 


• See section: 20 Ways to beat a DUI

 

IF YOU ARE SUSPECTED OF OR CHARGED WITH DUI, CONTACT THE LEE LAW GROUP AND WE WILL FIGHT FOR YOU.

 

 

 

What To Expect With A Second DUI Offense

California Vehicle Code (VC) sections 23152 (a) and 23152 (b) under 23540

 

California DUIs are "prior-able" offenses. This means that the punishment increases with each consecutive DUI conviction that takes place within a ten-year period. In addition prior 'wet-reckless' please or convictions are treated as a prior DUI under California's "prior-able" offense scheme.

In order for a prosecutor to obtain a conviction for a second DUI in California, he or she must prove the same elements as they had to prove for the First DUI Offense. That is that you were:

1. Operating a motor vehicle, and

2. Had a BAC of .08% or higher at the time of driving OR that you were under the influence of alcohol and/or drugs

Penalties

The penalties and punishment for a second offense DUI conviction in the past 10 years in California typically involve:

1. 3 to 5 years of summary probation

2. A fine of $390, plus penalty assessments. This can take the total to nearly $2000.

3 A 2nd Offender DUI school that is 18-30 months in length

4. A "mandatory minimum" of 96 hours in the county jail; to a maximum sentence of one year. (Note: The Lee Law Group can often prevent you having to spend any time in jail even if you are subject to these terms.)

• Contact the Lee Law Group to fight your Second DUI offense. Because a second offense DUI in California is a misdemeanor crime, a person charged with it is entitled to a jury trial before being convicted in court, as well as a hearing at the DMV before a license suspension is imposed. We at the Lee Law Group will do all in our power to prevent a conviction and to prevail at your DMV hearing. Among other factors, we will investigate your ‘stop’ and the arresting officer to be sure that none of your constitutional rights were violated. Then we will investigate the equipment used to measure you blood alcohol content, (B.A.C.) to ensure they were operating correctly.

Often a malfunction or a missed inspection date can win a dismissal, keeping you record clean. At this point, we will negotiate with the prosecutor from a position of strength, showing them the defects and weaknesses we have found in their case and the practical consideration that may prevent their proving your guilt beyond a reasonable doubt. Often times these steps will allow us to get your charges reduced, gain a case dismissal, or allow us to negotiate a plea bargain agreement that you can accept. If we are unable to negotiate a plea agreement we are willing to fight your case in court before a judge and, or jury to win that way. No matter which avenue we chose, the Lee Law Group will fight for

* If for some reason you are required to face the penalties above, we often can still prevent any actual in jail time. No matter which avenue we chose, the Lee Law Group will fight for you.

• See section: 20 Ways to beat a DUI

 

 

 

What To Expect With A Third DUI Offense

California Vehicle Code (VC) sections 23152 (a) and 23152 (b) under 23546

 

In the State of California, DUIs are considered "prior-able" offenses. This means that the penalties for driving under the influence in California increase with each successive DUI or wet reckless conviction that takes place within a ten-year period.

If you are convicted for a third time DUI conviction in the past 10 you are facing much more serious consequences than a first or second time DUI in California. For the government to prove you are guilty of a third-time DUI in California, the prosecutor must show that while you were operating a vehicle:

1. You were under the influence of alcohol or drugs, OR 2. You had a Blood Alcohol Concentration (BAC) of .08% or higher at the time of driving

Penalties A conviction for third-time DUI in California normally triggers these penalties:

1. Between three to five years of informal probation

2. A minimum of 120 days to a maximum of one-year in a county jail, (Note: The Lee Law Group can often prevent you having to spend any time in jail even if you are subject to these terms.)

3. Roughly $2000 in fines, penalties and assessments

4. Completion of a 30-month court-approved DUI education program

• Contact the Lee Law Group to fight your Third DUI offense. Because a third offense DUI in California is a misdemeanor crime, a person charged with it is entitled to a jury trial before being convicted in court, as well as a hearing at the DMV before a license suspension is imposed. We at the Lee Law Group will do all in our power to prevent a conviction and to prevail at your DMV hearing. Among other factors, we will investigate your ‘stop’ and the arresting officer to be sure that none of your constitutional rights were violated. Then we will investigate the equipment used to measure you blood alcohol content, (B.A.C.) to ensure they were operating correctly. Often a malfunction or a missed inspection date can win a dismissal, keeping you record clean. At this point, we will negotiate with the prosecutor from a position of strength, showing them the defects and weaknesses we have found in their case and the practical consideration that may prevent their proving your guilt beyond a reasonable doubt. Often times these steps will allow us to get your charges reduced, gain a case dismissal, or allow us to negotiate a plea bargain agreement that you can accept. If we are unable to negotiate a plea agreement we are willing to fight your case in court before a judge and, or jury to win that way. No matter which avenue we chose, the Lee Law Group will fight for

* If for some reason you are required to face the penalties above, we often can still prevent any actual in jail time.

 

 

 

What To Expect With A Fourth, ‘Multiple Convictions’ Felony DUI Offense

California Vehicle Code (VC) sections 23152 (a) and 23152 (b) under 23550

 

California DUIs are "prior-able" offenses. This means that each time you are convicted of another DUI or California "wet" reckless, your county jail or California State Prison sentence increases.

If you are arrested for drunk driving in California and have three or more prior DUI convictions within the last ten years you are considered a "multiple prior convictions" offender and thereby you will most likely face a felony DUI charge under California law. For purposes of determining whether you meet these criteria, "multiple prior convictions" include any combination of the following:

• California Vehicle Code 23152 VC (driving under the influence),

• VC 23153 (DUI with injury) which includes negligent and gross vehicular manslaughter under California Penal Code 191.5

• VC 23103.5 (a California "wet reckless"),

• Out-of-state convictions that, if committed in California, would be a violation of California Vehicle Code sections 23152 or 23153, or gross vehicular manslaughter while intoxicated under California Penal Code 191.5 (a), and

• Previously expunged convictions for any of the above offenses.

Penalties When a California felony DUI stems from having multiple prior DUI convictions, the punishment varies from case-to-case depending on

(1) the facts of your specific case such as the level of your BAC and any additional aggravating factors,

(2) how many prior DUI convictions you have, and

(3) when you suffered those prior convictions.

 

The sentencing guidelines are as follows: 1. Sixteen months or two or four years in prison, 2. $390-$1,000 in fines, 3. “Habitual Traffic Offender” status for three years, and 4. A four-year revocation of your California driving privilege.

• As you see, the penalties for driving under the influence in California can be life shattering and devastating. California felony DUIs that are based on multiple convictions are zealously prosecuted and require an aggressive defense attorney. Contact the Lee Law Group to fight to fight your fourth or multiple convictions DUI. A fourth-multiple conviction offense DUI in California is a felony crime and, as with a misdemeanor, a person charged with it is entitled to a jury trial before being convicted in court, as well as a hearing at the DMV before a license suspension is imposed. We at the Lee Law Group will do all in our power to prevent a conviction and to prevail at your DMV hearing. Among other factors, we will investigate your ‘stop’ and the arresting officer to be sure that none of your constitutional rights were violated. Then we will investigate the equipment used to measure you blood alcohol content, (B.A.C.) to ensure they were operating correctly. Often a malfunction or a missed inspection date can win a dismissal, keeping you record clean. At this point, we will negotiate with the prosecutor from a position of strength, showing them the defects and weaknesses we have found in their case and the practical consideration that may prevent their proving your guilt beyond a reasonable doubt. Often times these steps will allow us to get your charges reduced, gain a case dismissal, or allow us to negotiate a plea bargain agreement that you can accept. If we are unable to negotiate a plea agreement we are willing to fight your case in court before a judge and, or jury to win that way. No matter which avenue we chose, the Lee Law Group will fight for you.

 

SUSPECTED OR CHARGED WITH A DUI? CONTACT THE LEE LAW GROUP AND WE WILL FIGHT FOR YOU Lee Law Group

 

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