You receive a driving under the influence (DUI) charge and have no idea what to do next. Accepting the consequences can lead to jail time and a fine. Alternatively, a Long Beach first-offense DUI lawyer can build a legal strategy designed to help you avoid these penalties and others.
Los Angeles DUI Lawyer can connect you with an attorney who has many years of relevant case experience. A DUI lawyer serving Long Beach can review your charge and discuss your legal options with you. Let us help you schedule a consultation with a driving under the influence attorney.
What Is a DUI?
Police officers can arrest you for driving under the influence. They can do so if you are driving and previously consumed alcohol or other substances that hamper your ability to operate a vehicle safely. Your arrest could affect you long into the future.
A first-time DUI offender faces a driver’s license suspension. This is one of many penalties you could receive relating to your charge. With help from a DUI attorney, you can defend against a first-time driver’s license suspension and similar consequences.
Work with a Los Angeles DUI lawyer who prioritizes your case. A Long Beach first-offense DUI attorney can teach you about the immediate and long-term penalties associated with driving under the influence and what you can do to contest your charge.
Long Beach First Offense DUI Penalties
Per Section 9 of the California Driver’s Handbook, you can be punished for a DUI if you have a blood alcohol concentration (BAC) that exceeds the legal limit. Your driver’s license will automatically be suspended for up to 30 days unless you take legal action. In addition to this suspension, other DUI penalties you could face include:
- A fine ranging from $390 to $1,000
- A jail sentence of up to six months
- Informal probation that lasts three to five years
- Required attendance at DUI school for three to nine months
- Installation of an ignition interlock device in your car for up to six months
A first-offense DUI lawyer serving Long Beach can answer questions relative to your charge. They can provide insights into first-time DUI offenders and the jail sentences they can receive. Your attorney will consider myriad DUI strategies.
What to Do if You Are Arrested for Driving Under the Influence in Long Beach
A DUI arrest can make you feel like your world is ending. Following your arrest, you have legal rights, and you should exercise them, as doing so could help you avoid legal mistakes. Use these tips to deal with the aftermath of your DUI arrest.
Cooperate With the Police
Arguing with the police is unlikely to do you any favors. Listen to what police officers have to say and follow their instructions. Keep in mind that the police have to read your Miranda rights to you at your DUI arrest, and you maintain the right to remain silent.
Do Not Admit Guilt
What you say can be used to build a case against you. If you accept responsibility for your arrest, the prosecution could argue that you should be punished to the fullest extent of the law. Rather than say anything that could hurt your chances of contesting your charge, let a Long Beach first-time DUI offense lawyer speak to the authorities on your behalf.
Take Notes
Write down why the police stopped you while you were driving, where and when it happened, and other details relating to your arrest. In the days after you get charged, it may be tough to recall what occurred that prompted the police to arrest you. By taking notes at the time of your arrest, you can start gathering information you can use as part of your legal defense.
Request a Hearing With the Department of Motor Vehicles (DMV)
You can lose your California driver’s license after a DUI conviction. With a first offense, your license could be suspended for up to one year. Fortunately, there is a 10-day window from the day of your arrest in which you are allowed to request a DMV hearing.
Make Your Online Accounts Private
The prosecution may look up your online accounts as they search for evidence to strengthen their case. As such, you should restrict public access to these accounts. This can keep the prosecution from collecting evidence that could otherwise prompt the court to rule against you.
Find Witnesses Who Can Testify on Your Behalf
If a passenger was in your car when you were arrested or if someone else saw what happened, ask them to serve as a witness in your case. Witnesses can make statements that highlight your side of the story. The court will consider what your witnesses say in relation to the rest of your argument and the prosecutor’s claims.
Get a Police Report
The police will submit a report detailing your arrest, and you have a right to request a copy of this documentation. A Long Beach first-time offense DUI attorney can explain the process for how to get a DUI police report in California.
Your lawyer understands how challenging it can be to remain calm, cool, and collected after the police arrest you for a DUI. Remember, how you respond to your arrest has long-lasting ramifications. With the right approach, you can dispute your driving under the influence charge and show the court that you do not deserve to be punished.
How to Dispute a Long Beach DUI Charge
Many DUI strategies are available. A first-offense DUI attorney serving Long Beach examines the facts of your case carefully as they craft a plan to dispute your charge. Legal strategies your lawyer could utilize include:
Raising Doubts About the Validity of Your Preliminary Alcohol Screening (PAS) Breath Test Results
To perform a PAS breath test, a police officer uses a device that estimates a driver’s blood alcohol content. Just because the police conduct this test does not guarantee that the results are valid. Your lawyer can focus on how to discredit the PAS breath test in your California DUI case, which could make it difficult for the prosecution to argue against you.
Highlighting How Your Breath Test Results May Be Faulty Due to Mouth Alcohol
Chewing breath mints or taking herbal medicines are two things that can impact your breath test results. If you were doing either of these things before your arrest, your lawyer could use a mouth alcohol defense for California DUI cases. This defense emphasizes alcohol vapors in your mouth may have contributed to inaccurate test results.
Arguing That the Police Did Not Calibrate Your Breath Test Properly
Police officers must calibrate breath test equipment in alignment with state requirements. Your lawyer can share details about how breath test calibration can affect your California DUI case. They could prove that your breath test was incorrectly calibrated, which may lead the court to suppress evidence the prosecution intends to use against you.
Proving You Were Not Driving at the Time of Your Arrest
Police officers find you sleeping in the driver’s seat of your parked car and arrest you for driving under the influence. In this situation, your lawyer could argue that you were not driving the vehicle. By using the “no driving” defense in your California DUI case, your attorney could compel the court to dismiss the charge against you.
Showing That There Was No Probable Cause to Pull You Over and Arrest You
The prosecution is responsible for verifying that there was probable cause in your California DUI case. They must provide sufficient evidence to back up their claims against you. If your lawyer pokes holes in the prosecution’s argument, you may be well-equipped to achieve your desired case outcome.
Explaining That You Did Not Receive Your Miranda Warning
The police must read your Miranda warning after your arrest and before they can question you. If you never received your Miranda rights, tell your lawyer. Next, your attorney can let you know if they feel it is worth pursuing a Miranda rights defense in a California DUI case.
Whom you hire to represent you in your DUI case is key. A first-time offense DUI lawyer serving Long Beach should commit substantial time and resources to your legal strategy so they can develop an argument that will resonate with the court. Depending on your case, the prosecution could propose a plea bargain, and you can assess this proposal with your attorney.
How a DUI Plea Bargain Works
Your lawyer can give you a rundown on DUI plea bargains and what they entail. If you accept a plea deal, you agree to the charge against you in exchange for a lesser punishment than the one that was initially proposed. Plea agreements fall into several categories, including:
Dry Reckless
This is commonly referred to as “reckless driving.” A reckless driving charge is serious, but its penalties are generally less severe than the ones associated with driving under the influence. If you agree to a dry reckless plea bargain, you could have two points placed on your DMV record, receive misdemeanor probation, and be fined a minimum of $145.
Wet Reckless
In a wet reckless plea deal, you agree to a reckless driving charge involving drugs or alcohol. There are comparable penalties for wet reckless and dry reckless charges. By approving a wet reckless plea deal, you could have two points placed on your record with the DMV, face up to 90 days in jail, and be subject to informal probation.
Exhibition of Speed
The police can charge you with an exhibition of speed if you are driving dangerously. In your case, the prosecution may agree to an exhibition of speed plea deal if they are struggling to obtain proof to argue their case. With this plea deal, you may receive a jail sentence of up to 90 days, a fine of up to $500, and summary probation.
Open Container
You have an empty alcohol container in your car, police officers see it during a traffic stop, and you are arrested for driving under the influence. If this occurs, your lawyer could pursue an open-container plea deal. If you are over the age of 21 and your DUI is reduced to an open container charge, you may only have to pay a $250 fine and have points placed on your DMV record.
Traffic Violation
The prosecution could offer a traffic violation plea bargain if they are worried about whether the court will convict you for a DUI. For instance, you accept a speeding charge instead of driving under the influence. If you do, you could receive a fine instead of a possible jail sentence or other major DUI penalties.
A plea bargain is not guaranteed in every driving under the influence case. A first-time offense DUI attorney serving Long Beach can help you weigh the pros and cons of a plea deal. If you decide not to move forward with a plea agreement, your lawyer remains focused on your case and helps you get ready for your trial date.
Ask a Long Beach First Offense DUI Lawyer to Help You With Your Case
It can be overwhelming to be charged with driving under the influence. Even if it seems impossible to move forward from your arrest, legal help is available. A first-time offense DUI lawyer can evaluate your charge and determine what you can do to disprove the prosecutor’s case against you.
A Los Angeles DUI lawyer can make a world of difference in your driving under the influence case. They can help keep your freedom and your driver’s license after your DUI arrest. We can connect you with a driving under the influence lawyer today.
