If you are visiting our website it is likely because you, a friend, or a family member have been arrested on suspicion of Driving Under the Influence of alcohol and/or drugs (DUI). The first thing to be aware of is that a DUI is not an ordinary traffic violation, such as speeding or running a red light. DUI is a criminal offense, which means that you can go to jail if convicted. CONTACT our office today if you are facing DUI charges. The penalties associated with a DUI conviction can include paying very high fines and court fees, losing your driver's license, attending alcohol education classes, being required to blow into a breathalyzer (or "IID" - Ignition Interlock Device) in order to start your car, having your auto insurance premiums skyrocket or your policy cancelled, and spending time in jail. It is best to contact a good DUI Lawyer immediately if you have been arrested for drunk or drugged driving.
DRIVING UNDER THE INFLUENCE IS A CRIMINAL OFFENSE - STAY OUT OF JAIL
If you have been arrested and charged with DUI, it is important that you understand the charges against you and what your legal rights are. California's DUI laws are complex, and sometimes severe. CONTACT our office today if you have been arrested for DUI. The last thing that you want to do is show up to Court by yourself without first speaking to an experienced DUI lawyer. Entering a guilty plea in Court and not understanding the consequences of a DUI criminal conviction may have a detrimental effect on your future. Berglund Law Office, P.C. specializes in representing individuals arrested on suspicion of DUI. You can count on us to review and investigate every aspect of the case carefully, including:
- Reviewing the arrest reports and officers' observations for any inconsistencies and inaccuracies;
- Making sure that you were not illegally stopped;
- Reviewing any dashcam and body camera videos of the incident to ensure that officers followed proper procedures and protocols for DUI investigations;
- Making sure that there was reason to believe ("probable cause") that you were actually under the influence and to place you under arrest;
- If you were given a breath test, review the records of the machines that were used to determine if they were working properly;
- If you were given a blood test, ensure that all proper procedures were followed to ensure that the blood specimen was not contaminated in any way and, when necessary, have the blood retested by an independent laboratory;
- Ensuring that your constitutional rights were not violated during the DUI investigation and after you were placed under arrest;
- Negotiating with prosecutors and judges to get the charges dismissed or reduced to a non-alcohol related offense;
- Consulting with expert witnesses to review breath and/or blood test results and to testify on your behalf if your case goes to trial; and
- Preparing an effective defense to defend you at trial.
10 DAYS TO REQUEST A DMV HEARING
It is also important that you understand the action that the California Department of Motor Vehicles (DMV) will take against your driver's license. If arrested for DUI with a blood alcohol content of .08 percent or greater, if you are on probation for a DUI, or if you refused to submit to the required chemical test, there will be two separate proceedings against you: a criminal case in court and an administrative case with the DMV. If your license was taken from you at the time of your arrest, you should have been given a temporary license that is good for 30 days. Within 10 days of your arrest, either you or your attorney must contact the DMV and request a hearing. If this is not done, your license will automatically be suspended 30 days after your arrest date. The length of the suspension will depend on a number of factors, including whether you've had any previous DUI convictions and whether or not you refused to take a breath or blood test (required by California's "implied consent" law after you have been placed under arrest for DUI). CONTACT an experienced Los Angeles DUI Lawyer immediately to learn how your DUI arrest will impact your driver's license. Berglund Law Office, P.C. will also represent you at the DMV hearing, which is a completely separate proceeding from the criminal case.
DUI CAN INVOLVE ALCOHOL, DRUGS, OR BOTH
You can be arrested for DUI if your ability to drive is impaired. The impairment can be caused by alcohol, marijuana, prescription drugs, illegal drugs, or any combination thereof. The DUI laws not involving injury or death are set forth in Section 23152 of the California Vehicle Code. If your blood alcohol content (BAC) measurement is .08 or higher, as measured by a breath or blood test, you will be charged with violating Sections 23512(a) and 23152(b). If officers arrested you because they suspected you were under the influence of drugs, you will be charged with violating Section 23152(e). If you were under the influence of both alcohol and drugs, you will be charged with violating Section 23152(f). The DUI Laws involving injury can be located in Section 23153 of the Vehicle Code. The punishment and consequences for a DUI with injury conviction are much more severe.
In light of the legalization of recreational marijuana, the Los Angeles Police Department and other law enforcement agencies are on a heightened alert for drivers that have used marijuana. More officers are being trained in drug recognition and how to notice the objective symptoms of drug impairment. Nevertheless, if you have a good DUI Lawyer on your side it can be difficult for prosecutors to prove DUI drug cases in court. Visit our DUI Marijuana, DUI Prescription Drugs, and DUI Illegal Drugs pages for more information on non-alcohol DUI cases.
CONTACT DUI LAWYER ROBERT D. BERGLUND TODAY - FREE CONSULTATION
Every DUI case is unique and the strength and weakness of your case will depend on your particular facts. However, your chances of successfully challenging DUI charges against you are much better if you are able to hire an experienced Los Angeles DUI Lawyer. DUI cases are aggressively prosecuted by the Los Angeles City Attorney, Los Angeles County District Attorney, and other prosecuting agencies in Los Angeles County.
Certain defenses or circumstances may entitle you to a suppression of evidence, dismissal of the charges, or reduced charges or penalties. The police may not have had a legal reason to stop your car or may have lacked probable cause to place you under arrest. There may have been an error with the BAC testing procedure or you may have credible witnesses who observed your behavior and can testify that you did not appear intoxicated. Speaking with a good DUI Lawyer following a DUI arrest is absolutely necessary in order to understand the legal and administrative processes that you will be facing. Time is of the essence due to the quick action that will be taken by the DMV if you do not request an Administrative Per Se hearing within 10 days.
DUI Lawyer Robert D. Berglund personally works with each and every client to zealously represent them in both the criminal case and at the DMV hearing. Serving all courts in Los Angeles County and the Inland Empire, if you have been arrested for DUI call Berglund Law Office, P.C. today at (323) 374-3520 or fill out the form on our CONTACT US page for a free and confidential DUI consultation. Los Angeles DUI Attorney Robert D. Berglund will personally return your phone call. He will listen to everything that you have to say about your DUI arrest and provide you with an honest evaluation of the strengths and weaknesses of the case against you, as well as the possible consequences that you will be facing if convicted.