La Habra DUI Attorney

Facing a DUI in California can be daunting, as it can impact your life immensely if it turns into a criminal conviction. Unfortunately, there is often a negative stigma around people who are arrested for DUIs that paints them as bad people, when they are usually normal individuals who made a poor decision. At The Law Office of Daniel P. Flores, we understand just how difficult facing a DUI can be and are prepared to represent your case with care.

The Law Office of Daniel P. Flores: Your La Habra DUI Attorney

Do not panic if you are facing a DUI charge in La Habra, California. Seek assistance from our team. At The Law Office of Daniel P. Flores, we have handled over 2,000 DUI cases across southern California. Our team has extensive knowledge of criminal law and years of experience, helping us to create a strong defense unique to each case. We understand that a potential DUI puts you in a vulnerable position, which is why we are dedicated to hearing and fighting for your side of the story. For DUI defense that you can trust, do not hesitate to see how The Law Office of Daniel P. Flores can help you achieve the best possible outcome for your case.

What Is a DUI in California?

A driving under the influence charge, more commonly referred to as a DUI, is given when an individual is found to be operating a motor vehicle under the influence of some type of drug or alcohol, or with a blood alcohol level at or above 0.08%. DUIs are taken seriously by the state of California because impaired drivers can cause a great deal of harm, both to themselves and to their surroundings. The law considers a driver to be under the influence if their physical or mental capabilities are impaired or they cannot operate a motor vehicle with the same caution that a sober person could.

If a police officer believes that a driver is under the influence, they are allowed to pull them over and conduct a field sobriety and breathalyzer test. If the breathalyzer reads that your blood alcohol level is at or above 0.08%, you can be arrested immediately. If the driver is under 21 years of age and has a breathalyzer reading of 0.01% or over, they can be arrested immediately as well. Regardless of your breathalyzer reading, if an officer sees that you are clearly impaired, they have the right to arrest you for a DUI.

Misdemeanor vs. Felony

In California, DUIs are known as “wobbler charges.” Depending on the circumstances of the case, a wobbler charge can be classified as a misdemeanor or a felony. In most cases, a DUI is classified as a misdemeanor when:

• No injuries occurred.
• It is the first, second, or third DUI over a period of 10 years.
• The driver has no prior felony DUI

For a DUI to be classified as a felony in California, one or more circumstances must apply:

• The driver has a prior felony DUI conviction.
• It is the fourth DUI over a period of 10 years.
• The driver causes an accident that results in the bodily injury or death of another person.

Potential Penalties for DUIs in Orange County

If you are convicted of a DUI, your penalties will vary depending on the severity of your case. For misdemeanors, penalties can include:

• A fine of $390 to $1,000
• Restricted or suspended license
• Ignition Interlock Device (IID) for a set period of time
• Probation
• Jail time from 48 hours to 1 year

If you are charged with multiple misdemeanors, the consequences will increase. For example, a first-time misdemeanor DUI can result in just a few days of jail time or even just probation, whereas a third-time misdemeanor DUI charge can result in up to a year in jail.

For felony DUI charges, penalties can include:

• A fine of $390 to $5,000
• Revoked license
• Prison sentence of 16 months to 3 years or more, depending on how severe the case was and if another person was killed or drastically injured
• Probation
• Addiction treatment

DMV Hearing

In California, individuals arrested for DUIs must surrender their license until the DMV can review their case. This means that once you are released from custody, you will receive all your belongings back, aside from your state driver’s license. Instead, you will be given a temporary license, often referred to as a “pink paper” or “pink slip.” Your pink paper not only serves as a valid temporary license for the next 30 days, but it also doubles as a notice from that state that you have 10 days from the date on your paper to schedule a hearing with the DMV. If you do not schedule a hearing within the allotted 10 days, your license will be automatically suspended when your temporary one expires.

Working with an experienced DUI lawyer can be vital as the DMV processes your case. Your lawyer can not only help you request a hearing on time but also assist you with gathering evidence and representing you there, too. At this hearing, your main priority is to fight a possible license suspension. While your hearing takes place, your temporary license may have to be renewed until the DMV has made the final decision on your case.

The DUI Court Process in California

Most DUI cases in California deal with misdemeanor charges, meaning that most of them follow the same court proceedings as the average misdemeanor case. In general, a misdemeanor DUI case follows three main steps:

1. Arraignment: During the arraignment, you will have your rights read to you, and then you and your lawyer will state your plea of guilty, not guilty, or no contest. In serious cases, bail is also determined during the arraignment if the individual has to stay in custody. This usually only occurs in felony cases.
2. Pretrial Conference: The pretrial conference happens within the next few weeks of your arraignment. Before this conference occurs, your attorney has the opportunity to file motions that may assist you in your case, such as a motion to dismiss or a motion to suppress. During the pretrial conference, the prosecutor may offer you a plea deal, or your case may ultimately end up being dismissed. With most misdemeanor DUI charges, lawyers and their clients try to work out a deal to settle the case so that they do not have to go to trial.
3. Trial: If your case is not settled during your pretrial conference, it will then move into the final stages of a criminal case, which is a trial in court. Many lawyers and their clients decide to go to trial when they believe that there is sufficient evidence to have the charge dropped. The ultimate decision on your trial will be made by a jury, which must unanimously agree that you are guilty for you to be charged.

How a DUI Defense Attorney Can Help You

Because DUI charges can result in serious consequences, having a lawyer that you can trust on your side can make a massive difference in your case. There are several ways our team at The Law Office of Daniel P. Flores can help you with a La Habra DUI charge.

Help Gather Evidence and Create a Strong Defense

Every DUI case has unique circumstances, which is why it is important to gather all the evidence possible about your specific situation. In some cases, for example, a police officer may not have followed all the legal requirements when arresting a driver, or there may not be sufficient evidence to go through with the charge. Despite what happened, our team can assist you with gathering the evidence we need to create a strong defense for you and your case.

Represent You in Criminal Court

Criminal court is much different than civil court, which makes having an experienced attorney that much more vital to your case. In criminal court, the state of California or the federal government are the parties that are taking the case up against you, as it is their job to prove that you committed a crime. This means that you will need a lawyer familiar with criminal defense law and how the court system works if you want a better chance of fighting your charge.

Assist With DMV Hearing

If you were arrested for a DUI in La Habra, you will receive a temporary license until you have had your DMV hearing before your trial. Your lawyer can help you request a trial within the approved time and create a case to defend you. Having a lawyer during your DMV hearing is recommended, as many times they may just request that your lawyer come to the hearing and not you. It is the job of your lawyer to present evidence as to why your license should not be suspended.

Fight for the Best Possible Outcome

The potential consequences that come along with a DUI conviction in California can be severe. By working with the experienced team at The Law Office of Daniel P. Flores, you can trust that the best possible outcome for your unique case will be fought for. From fighting to keep you out of jail to presenting evidence that an officer mishandled your arrest, our team can assess your case and create a defense where we fight for the best outcome that we can.

FAQs

Q: Is Jail Time Mandatory for a DUI in California?

A: Whether you receive jail or prison time will depend on your individual case and whether you are convicted. For less severe cases, such as a first-time misdemeanor DUI, it is possible to avoid potential jail time. In other cases, for example, when someone is injured in a felony DUI case, prison time can be hard to avoid.

Q: What Is a Restricted License?

A: A restricted license is a license that only allows the driver to operate their vehicle when driving to and from their place of work or to and from the alcohol treatment school they are attending. If an individual with a restricted license is pulled over and is not doing these things or is possibly impaired, they may have their restricted license suspended or revoked.

Q: What Is an IID?

A: An IID, otherwise known as an Ignition Interlock Device, is a device that is often used when an individual who has been charged with some form of DUI goes to operate their vehicle. It is a small breathalyzer that attaches to an individual’s vehicle and only allows them to start their car if they are below a certain blood alcohol limit.

Q: Can You Get a DUI If You Are Under the Age of 21 in California?

A: Yes. If you are under 21 and pulled over on suspicion of driving under the influence, you still have the potential to be arrested and charged. The limit is even stricter if you are under 21 years old; if your breathalyzer reads over 0.01%, you can be arrested for a DUI.

Q: Does My DUI Have to Go to Trial?

A: Most misdemeanor DUI cases are settled before they end up going to trial. This means that you may be able to get through your case without having to face a criminal trial and settle your case during the pretrial conference instead. If you are facing a felony DUI charge, however, a trial may be unavoidable.

La Habra DWI Attorney

Do not let a potential DUI conviction ruin your life. If you are facing a DUI charge in La Habra, California, there is still hope for you and your case. At The Law Office of Daniel P. Flores, we are dedicated to helping our clients through tough circumstances. We understand that a DUI case is intimidating, which is why we offer expert criminal defense services and support for those going through difficult situations like these. If you were arrested for a DUI in La Habra, don’t wait to see how our team at The Law Office of Daniel P. Flores can help you and contact us today.