Glendale DUI Attorney

Glendale DUI Lawyer

Being arrested for a DUI charge is daunting. Not only is it a serious criminal offense, but having it on your record can affect your future in many other ways, too. Because of the severity of some DUI cases, the legal process can get complicated quickly—which is why it’s crucial to have an experienced defense attorney on your side.

If you have been arrested on a DUI charge in Glendale, California, our team at the Law Office of Daniel P. Flores can help you through. While a DUI arrest can be intimidating and sometimes even feel like the end, it doesn’t have to mean that your life is over. With the help of our expert DUI attorneys, there are multiple ways that you can defend yourself against a potential DUI charge. Don’t let a possible DUI offense damage your potential. Find an attorney who you can trust to help you through.

The Law Office of Daniel P. Flores: Glendale Criminal Defense Attorneys

Here at the Law Office of Daniel P. Flores, we have decades of involvement in the realm of criminal defense. Our team has defended well over 2,000 different DUI cases for our clients. With our extensive knowledge of the law and experience in a wide range of criminal defense cases, you can trust our team of attorneys to fight for the best outcome possible for you. We understand just how frightening a DUI charge can be and are here to help you through it, regardless of the outcome. Our attorneys can not only organize a defense for you, but they’ll assist you through the complicated legal processes along the way. No other criminal defense team in California can show you the care, compassion, and dedication that we do.

What Is a DUI Charge in California?

The term “DUI” is an acronym for the phrase “driving under the influence.” In California, driving under the influence can be defined and charged in a few ways. When dealing with alcohol, the most common form of a DUI that you will see is one given to a defendant that had a blood alcohol content (BAC) of 0.08% or more. At this level, a person’s reaction time, judgment, and overall ability to operate a vehicle are said to be too impaired for them to be able to drive safely. If a driver’s BAC is over 0.08%, they can be arrested immediately for driving under the influence.

A DUI could also mean that the driver was impaired by a substance other than alcohol while driving too. In this case, the substance impaired the driver enough to where it negatively affected how they were operating their vehicle. For a DUI of this definition, a driver can be charged if they are under the influence of drugs or alcohol, even if they were below the legal BAC limit of 0.08%, because they were driving unsafely.

Why Do I Need a DUI Defense Attorney?

While many people might try to navigate these legal proceedings alone, going through something like a DUI trial without an experienced attorney can be difficult. Between organizing a defense, gathering evidence, filling out paperwork, and defending your case in court, having a DUI lawyer you can trust is vital so you can get through it all. DUIs are serious offenses that can negatively affect your criminal record and your life. From possibly losing your job to getting your license revoked, you want to make sure that you have a strong defense to fight the potential charges you’re facing. By working with a criminal defense attorney that knows the ins and outs of the legal system, they can help build a defense that’s unique to you and your situation and fight for your best outcome.

How DUI Charges Are Prosecuted

Because every DUI charge occurs under unique circumstances, multiple aspects are taken into consideration by the court when prosecuting, including:

• Number of Previous Offenses: The number of previous DUI offenses you have will play largely into how you are going to be prosecuted and the potential penalties you may face. In most cases, the penalties are more lenient on a driver who is being prosecuted for the first time versus one who is on their third offense. With each offense, penalties such as jail time and fines are increased. The number of previous DUI or reckless driving charges a defendant has can also play into whether they are charged with a felony or misdemeanor.
• Injuries: When the prosecution is looking at a DUI case, one of the biggest aspects they pay attention to is whether anyone was hurt due to the defendant’s actions. If someone was injured or killed, the prosecution also must consider that on top of the driving under the influence charges. If there were injuries, the number of people involved and the severity of their injuries will play a role as well.
• Misdemeanor or Felony: Whether your DUI charge is classified as a misdemeanor or a felony will have an impact on how you are prosecuted and the potential charges you may face. If your DUI offense is classified as a misdemeanor, your potential penalties are less serious than those if you were charged with a felony. Your prior offenses, the severity of your offense, and if anyone was injured will all play a role in deciding if you’ll be prosecuted with a misdemeanor or felony charge.

Possible Penalties for Drunk Driving in California

Driving under the influence of a substance is reckless, meaning the potential consequences for doing so can be severe. Because every DUI charge occurs under unique circumstances, your penalties, if found guilty, will vary.

• First Offense DUI Penalties: Penalties for defendants facing their first DUI offense are usually more lenient than those who have multiple prior charges. With that said, the potential consequences of being charged with a DUI for the first time can still be harsh. With most first-time offenses, your license is suspended for six months and you cannot legally drive or operate a vehicle. In rare cases, it is possible to get a restricted license if sufficient evidence proves it’s that vital to you or a family member’s life. Most of the time, a restricted license after a DUI is not granted, and the penalties need to be followed strictly. In addition to having your license suspended, the court will have what is known as an ignition interlock device installed in your vehicle. This is to ensure that when you get your license back, you do not go use your vehicle under the influence. The ignition interlock device monitors your BAC and doesn’t allow you to start your car unless you’re at a legal level. You may also have to take driver’s education DUI courses.In addition to penalties involving driving and the use of your vehicle, you will most likely face a series of fines. Most first-time offenses are characterized as misdemeanors, so fees won’t be as severe as those with felony charges. Misdemeanor fines for first-time DUI offenses range from $390 to $1,000 depending on the circumstances of your case, not including court-mandated fees.Lastly, potential consequences for first-time offenders can also include jail time. In most cases, for a defendant’s first DUI that’s classified as a misdemeanor, maximum jail time cannot exceed six months. Whether or not you receive jail time will depend largely on the circumstances of your arrest and aspects such as any injuries and damage that occurred if there was an accident.
• Second Offense DUI Penalties: With every offense, potential consequences for the defendant increase in severity. If you are charged with a DUI for a second time, you can expect your license to be suspended for an average of two years. In addition to a longer license suspension time, the ignition interlock device will also be installed in your vehicle again. This time, the device may need to stay in your car for a year or longer to ensure you operate your vehicle safely. Mandatory DUI driving classes will also be assigned to the defendant if charged, which must be taken for 18 to 30 months.The fines for a second DUI charge are in the same range as first-time offenses, though court and other legal fees can add up quickly. Fines range from $390 to $1,000; penalty assessments of the case can increase total fines and fees to around $2,000.With your second DUI offense, you are required to serve a mandatory 96 hours of jail time,at a minimum. If your offense is still classified as a misdemeanor, you face a maximum of 1 year of jail time if found guilty. You are also subject to anywhere from three to five years of probation.
• Third Offense DUI Penalties: When it comes to a DUI that is someone’s third offense, punishments will be much harsher. The state of California takes DUI charges seriously and wants to ensure that repeat offenders understand the severity of their actions. If charged with a third DUI, the defendant can expect to see their license suspended for at least three years. On top of a long-term license suspension, an ignition interlock device will remain in your vehicle for the following two years. You will also be mandated to take at least 30 months of a DUI education course.Fines and fees can be even higher in a third-offense case, ranging anywhere from $1,000 to $2,500, not including penalty assessments. With court-mandated fees and penalty assessments, you can expect to be paying around $3,000.In addition to license penalties and fines, 120 days of jail time are mandatory if charged with a third-time DUI offense. Potential jail time can range anywhere from 120 days to 1 year, depending on the circumstances.
• Felony DUI Penalties: Most DUI cases, including a person’s first three offenses, are characterized as misdemeanors unless someone was injured. If a person is arrested for a fourth time on DUI charges, the categorization of their offense becomes a felony. With a felony charge, potential penalties are not only intense, but they can make a big impact on your criminal record and future if you’re not careful. If you are charged with a felony DUI, you will have your license revoked for at least four years, as well as have the ignition interlock device installed in your vehicle for multiple years to follow. You will also be mandated to take at least 30 months of DUI education courses throughout the time your license is revoked.While potential fines for felonies can be higher in these kinds of cases, the minimum still is the same as fines for misdemeanors, starting at $390. Depending on your case, fines and fees can total well over $2,000 to $3,000.Jail time for felony charges is also more severe than with misdemeanors. Rather than serving time in a local jail, you now face the potential of going to state prison. For a felony DUI, the minimum prison time begins at 16 months and can be a maximum of three years.
• DUIs With Injuries Penalties: When a DUI case involves an injury or fatality, the potential consequences change again. While every case has unique circumstances, a case involving the injury or death of others caused by a driver under the influence can have multiple different charges.If it is your first DUI offense but it resulted in injuries, it’s still possible to have your charges categorized as a misdemeanor. If you’re convicted of a DUI with injuries as a misdemeanor, the penalties may stay relatively the same as other first-time offense cases. Of course, this will depend heavily on how many people were hurt, the nature of their injuries, and what your previous criminal history may look like. Other cases that result in severe injuries may face harsher consequences, even if it’s a first-time offense.If you are charged for a DUI that resulted in a fatality, you may also face charges such as manslaughter or vehicular homicide—both of which can have drastic penalties. Felony manslaughter charges can result in prison time of up to four years, while vehicular homicide offenses can land someone up to 10 years in state prison.

DUIs and Cannabis in California

DUIs don’t always have to involve alcohol. While cannabis use is legal in the state of California for those 21 and over, it is still illegal to consume it or be under the influence of it while operating a vehicle. If you are pulled over and have consumed any cannabis, an officer may still be able to arrest you on suspicion of driving under the influence. This goes for whether your cannabis was for medical or recreational use.

The biggest difference between alcohol DUI cases and cannabis DUI cases is that any amount of cannabis in your system can count towards you being under the influence while driving, whereas you have to be over the legal BAC limit of 0.08% with alcohol. In both circumstances, though, if a driver is demonstrating reckless or unsafe driving, an officer has reason to pull them over and consequently charge them if they are intoxicated by a substance, regardless of what it is.

The DMV and Your DUI Case

After you are arrested for a DUI in the state of California, you will be required to surrender your government ID/license to the jail. Though you will immediately lose your license, your ability to drive won’t be taken away the second you leave the local jail. You will be given what is known as a DS367 form, commonly referred to as a “pink paper,” which will operate as a temporary license until your official suspension begins. This pink paper also serves as a reminder that you have to notify the DMV of your arrest.

If you were arrested for a DUI in California, you have ten days to let your local DMV know and request a hearing. If you don’t request a hearing, your temporary license will expire quickly, and your suspension begins. By requesting a hearing, you can also try to keep or delay your temporary license and wait until the outcome of your DUI case is resolved. Hearings are most often requested when there is sufficient evidence to present a case having issues, for example, improper evidence collection.

The Law Office of Daniel P. Flores — Your Glendale DUI Attorney

A DUI case can be life-changing and scary. Luckily, our team here at the Law Office of Daniel P. Flores understands just how emotionally draining and complicated cases like these can be. That’s why we offer our dedicated services to those who need them the most. Our compassionate team will spend time explaining your best option and how to navigate the potential consequences in the aftermath of a DUI arrest. If you or a loved one have been arrested for a DUI in the Glendale, California area, see how our team of experienced criminal defense attorneys can assist you through it. To learn more about our services or for any questions involving our team or your case, contact us today.