Driving under the influence of any substance, such as alcohol or marijuana, has many consequences. It is important to understand the procedure and work with an attorney you can trust.

Procedure At The Stop

There are one of two ways police identify those they suspect are driving under the influence of any substance, whether legal or illegal. The first is to be driving erratically and calling the attention of the police officer. The second is to be stopped as a sobriety checkpoint. Police use a variety of methods to gain evidence of substance use such as behavior and appearance, odor, field sobriety tests, blood-alcohol tests, and any statements made that could potentially be incriminating.

There are some important things to remember while being stopped. The state law does not require a field sobriety test or a breathalyzer test, so you can opt to not take either of them. However, refusing to take them is a strong indicator of guilt and a judge may choose a harsher consequence if you are found guilty.  On the other hand, the prosecutor won’t have that evidence to use against you in the court proceedings. Additionally, you have the right to politely decline to answer questions by the police without a lawyer present.

After Arrest

Most D.U.I.s are considered a misdemeanor in the state of California, while some can be considered felonies. At this point, it is imperative to find a Los Angeles Dui attorney with a proven track record in D.U.I. court who can explain the legal process in detail as well as the potential outcomes. They can also explain the various fines and other expenses that you may be required to pay.

According to the DMV, you have 10 days from the date you were arrested to contact them and schedule an administrative hearing. After this time period, you have forfeited your right to a hearing and your license will be automatically suspended. It is best to have a lawyer present at this hearing, which may be several months from the arrest.

The Legal Process and Possible Results

Out the possible three phases, there are generally two phases people go through. The first is the arraignment. During an arraignment, you are asked how you plead in your D.U.I. case. You are not legally obligated to appear for your arraignment; the attorney can appear for you. The next is the pre-trial conference. Most D.U.I. cases get resolved at this stage, but some do go to trial, which is the third stage.

If this is your first D.U.I. then your license is suspended for six months, pay fines, serve at least six months in county jail and attend between three to nine months of sobriety classes. A second D.U.I. within a 10-year period leads to a 2-year suspension of your driver’s license, a few days to a year in jail, a year and a half of sobriety classes, and the same amount of fines as the first D.U.I., which can be from about $400 to $1,000. Additional D.U.I.s have increasing penalties associated with them.

There are sentence enhancements to be aware of such as whether or not you were driving 20 mph over the posted speed limit, had a child in the car who was under the age of 14, or have a blood-alcohol level higher than .15%.

Again, throughout the process you will want experienced and competent attorney, like you’ll find at law4dui, who will fight for you.