In a DUI defense case, in order for the prosecution to prevail, he or she must prove that the defendant was operating a vehicle under the influence of alcohol or drugs. The prosecution must also prove that the defendant’s ability to drive was impaired at the time of driving. Usually, the state will charge the defendant with two counts: California Vehicle Code 23152(a) and 23152(b). In order for the prosecution to convict a defendant of 23152(a), the state has to prove all of the above elements of the crime. For 23152(b) however, a defendant’s impairment is presumed if his or her blood alcohol concentration was 0.08% or greater by weight. This presumption is also rebuttable. However, you’d have to have a DUI attorney and expert that knows both the law in Los Angeles (or surrounding areas) and is very familiar with the facts of your case. If you are found guilty of this offense, your license could be suspended up to six months. Prior convictions may enhance your punishment for this offense as well as the period of your license suspension.
Multiple DUI Offenses and their respective punishments:
2nd DUI Offense
- Mandatory minimum is 96 hours in jail, an 18 month program, and a $390 fine + penalties and assessments (taxes)
- Maximum sentence is 1 year in jail, an 18 month program, and a $390 fine + penalties and assessments (taxes)
3rd DUI Offense
- Mandatory minimum is 120 days in jail, an 18 month program, a $390 fine + penalties and assessments (taxes), and the installation of an Ignition Interlock Device which prevents you from starting your vehicle if it detects any alcohol in your system.
- Maximum sentence is 1 year in jail, an 18 month program, a $390 fine + penalties and assessments (taxes), and the installation of an Ignition Interlock Device which prevents you from starting your vehicle if it detects any alcohol in your system.
4th DUI Offense
- A fourth DUI will likely be filed as a felony. This type of felony has a sentence range of 16-months, 2-years, or 3-years in state prison, an 18 month program, a $390 fine + penalties and assessments (taxes), and the installation of an Ignition Interlock Device which prevents you from starting your vehicle if it detects any alcohol in your system.
If either you or a loved one is being investigated or is accused of Driving Under the Influence (DUI), you need an experienced DUI attorney on your side to help you to preserve your California Driver’s License and to avoid jail time.
For a free telephonic consultation and evaluation of your case or to find out more information on DUI Lawyers, please contact criminal defense lawyer Rodney Nosratabadi today at (310) 663-1787 for Los Angeles Areas or (714) 955-8365 in Orange County and Inland Empire areasRelated Links for the Los Angeles County Area
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