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Los Angeles Expungement of DUI Lawyer

Criminal charges for driving under the influence (DUI) in Los Angeles are extremely serious, and the penalties and collateral consequences upon conviction are extremely high. In certain situations, individuals may be able to petition the court for an expungement of their DUI charge, such as when they successfully complete their probation and other court-ordered requirements.

If you are currently pending a DUI charge, the Los Angeles attorneys at Rodriguez Law Group can advise you on your legal rights and options and handle every step of the process for you. Later, if you qualify, we can pursue an expungement of the DUI charge from your criminal record.

For a free case evaluation and legal consultation with a skilled Los Angeles expungement of DUI lawyer, please call (213) 995-6767 or fill out our online contact form for more information.

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Why Choose Us for Your Legal Needs?

DUI charges, convictions, and penalties are extremely serious. Moreover, a DUI can stay on your record and affect many aspects of your life, including potential educational and employment opportunities.

At Rodriguez Law Group, our team can represent you throughout every stage of your case, from the time of your arrest to the conclusion. After you complete any court-ordered requirements, we can determine your eligibility for a DUI expungement. If you are eligible, we can handle every step of the process for you.

Our legal team routinely achieves favorable results for our clients. To read some of our most recent client reviews, please click here.

Our Downtown Los Angeles Office is conveniently located at 626 Wilshire Boulevard, Suite 460, Los Angeles, CA 90017. Let us represent you throughout your DUI case today.

Potential DUI Conviction Penalties in Los Angeles

DUIs in Los Angeles can lead to serious consequences, ranging from hefty fines to imprisonment, depending upon the severity of the offense and whether it’s a first-time or repeat offense.

For a first-time DUI conviction in Los Angeles, penalties can be severe. Offenders may face fines ranging from $390 to $1,000, plus additional fees and assessments totaling over $1,800. Additionally, they may be sentenced to a maximum of six months in the county jail. The court may also require attendance at DUI education programs and community service.

If caught for a second DUI offense within a span of ten years, the penalties upon conviction escalate. Fines increase substantially, reaching up to $1,800, excluding other fees. Jail time can also extend up to one year, and the offender may lose their driver’s license for up to two years. Mandatory participation in a DUI education program and community service are also likely.

Felony DUI convictions carry even harsher penalties. A DUI becomes a felony if it involves injury to another person or if the offender has prior felony DUI convictions. Penalties may include fines in the range of $390 to $5,000, along with significant additional fees. Jail time can range from 16 months to four years, and the offender may lose their driving privileges for up to four years. Mandatory participation in a long-term DUI education program and other rehabilitation programs may also be ordered.

In addition to these legal penalties, DUI convictions can have far-reaching consequences. They can result in a criminal record, which may affect employment opportunities, housing options, and professional licenses. Insurance rates are also likely to increase significantly, and some insurers may even cancel coverage. Furthermore, DUI offenders can face social stigma and strained personal relationships.

The Prosecution’s Legal Burden of Proof in a Los Angeles DUI Case

In a DUI case in Los Angeles, the prosecution carries the burden of proof, meaning they must prove – beyond a reasonable doubt – that the at-fault individual (the defendant) committed the offense. To do this, the prosecution must establish specific elements of the offense:

• One crucial element the prosecution must prove is that the defendant was operating a motor vehicle while they were under the influence of alcohol or drugs. This typically involves presenting evidence such as the results of field sobriety tests, blood alcohol concentration (BAC) tests, or observations of the defendant’s behavior by law enforcement officers.

• Another element is proving that the defendant’s blood alcohol concentration (BAC) was either at or above the legal limit while they were operating a vehicle. In California, the legal limit for most drivers is 0.08 percent. This is often established through chemical tests, such as breathalyzer or blood tests, conducted at the time of the arrest.

• Additionally, the prosecution must demonstrate that the defendant’s ability to drive was impaired due to alcohol or drug consumption. This can be shown through evidence such as erratic driving behavior, slurred speech, or other signs of impairment that law enforcement officers observed at the scene.

• Furthermore, the prosecution must establish that the defendant was driving on a public road or highway at the time of the offense. This can be proven through witness testimony, dashcam footage, or other documentation of the defendant’s presence on a public road.

It’s also important to note that the burden of proof in a DUI case rests solely on the prosecution, and the defendant is presumed innocent until proven guilty. This means that the defendant does not have to prove their own innocence; instead, they may challenge the prosecution’s evidence and arguments to create reasonable doubt in the minds of the jury or judge.

What are Some Possible Legal Defenses to a DUI Charge in Los Angeles?

Facing a DUI charge in Los Angeles can be daunting, but there are several legal defenses that a person can explore with the help of a knowledgeable DUI defense attorney.

One common defense is challenging the legality of the traffic stop. Law enforcement officers must have a valid reason to pull someone over, such as observing erratic driving behavior or a traffic violation. If the stop was unjustified or based on insufficient evidence, it may weaken the prosecution’s case.

Another defense is disputing the accuracy of the breathalyzer or blood alcohol tests. These tests are not infallible and can produce false positives due to various factors like improper calibration or medical conditions. A defense attorney may question the reliability of the testing equipment or challenge the procedures that the officer followed during testing.

Additionally, questioning the arresting officer’s conduct or the validity of field sobriety tests can be an effective defense. Field sobriety tests, such as walking in a straight line or standing on one leg, are subjective and can be influenced by factors like weather conditions or physical impairments unrelated to intoxication.

Moreover, establishing a lack of probable cause for the arrest can be a strong defense. The prosecution must demonstrate that there was sufficient evidence to justify the arrest for DUI. If the arresting officer lacked probable cause or violated the defendant’s rights during the arrest process, it may lead to a dismissal of the charges.

Furthermore, presenting evidence of a rising blood alcohol level can be a viable defense strategy. Alcohol takes time to absorb into the bloodstream, so someone may have been under the legal limit at the time of driving – but registered at or above the limit when tested later. This defense requires expert testimony and careful analysis of the timing of alcohol consumption and testing.

Lastly, exploring alternative explanations for observed behavior can cast doubt on the prosecution’s case. Factors like fatigue, medication side effects, or medical conditions can mimic signs of intoxication. By presenting evidence of these alternative explanations, an experienced defense lawyer can challenge the prosecution’s assertion of impairment.

How to Determine if a DUI is Eligible for Expungement in Los Angeles

Determining whether a DUI charge in Los Angeles is eligible for expungement involves understanding the criteria and following the necessary steps. Expungement is a legal process that allows individuals to erase or seal their criminal record, which can be helpful for future employment, housing, and other opportunities.

• The first step is to determine if you meet the eligibility requirements. In Los Angeles, you may be eligible for expungement if you successfully completed probation, paid all fines and restitution, and fulfilled any other court-ordered requirements related to your DUI conviction. Additionally, you must not be facing any current criminal charges or serving probation for another offense.

• Once you confirm your eligibility, you’ll need to gather relevant documents, such as your court records and proof of completion of probation and payment of fines. These documents will be necessary when filing a petition for expungement with the court.

• Next, you must fill out all of the necessary paperwork accurately and completely. This includes completing a petition for dismissal, also known as Form CR-180, and any other required forms specific to your case. It’s crucial to provide detailed information and follow all instructions carefully to avoid delays or complications in the expungement process. An experienced Los Angeles expungement of a DUI attorney can assist you with this step.

• After completing the paperwork, you’ll need to file it with the court and pay any associated filing fees.

• Once your petition is filed, a judge will review your case to determine if expungement is appropriate. In some cases, a hearing may be required, during which your attorney can present arguments in favor of expungement.

If the judge grants your petition for expungement, your DUI conviction will be set aside, and the court will enter a dismissal of the charges. This means that, for most purposes, you can legally state that you have not been convicted of a crime. However, it’s important to note that expungement does not completely erase your criminal record, as law enforcement agencies and certain employers can still access sealed records under certain circumstances.

Why is Pursuing a DUI Expungement in Los Angeles a Good Idea?

If you’ve been convicted of a DUI in Los Angeles, pursuing expungement can be a smart move if you’re eligible. Here’s why:

• First, an expungement can help to clear your criminal record. This means your DUI conviction won’t show up on background checks for most employers and landlords, giving you a better chance at landing a job or finding housing.

• Secondly, it can restore your civil rights. In some cases, a DUI conviction can lead to the loss of certain rights, such as the ability to vote or own firearms. Expungement can help restore these rights, allowing you to fully participate in society again.

• Thirdly, it can improve your personal and professional reputation. Having a DUI on your record can carry a stigma and affect how others perceive you. By expunging the conviction, you can start fresh and rebuild your reputation.

• Additionally, it can provide peace of mind. Dealing with the consequences of a DUI conviction can be stressful and overwhelming. Expungement can help alleviate some of that stress and allow you to move forward with your life.

How Can a Los Angeles DUI Expungement Lawyer Help at Your Hearing?

A Los Angeles DUI expungement lawyer can provide valuable assistance during a hearing by utilizing their experience in navigating the legal process.

• First, a lawyer can prepare and organize all necessary documents and evidence for the hearing. This includes gathering court records, probation completion certificates, and any other relevant paperwork to demonstrate eligibility for expungement. By ensuring that all documentation is complete and accurate, your lawyer can present a strong case to the judge.

• Secondly, a lawyer can advocate on your behalf during the hearing. They can present compelling arguments in favor of expungement, highlighting factors such as rehabilitation, good conduct, and the desire to move forward with a clean record. Additionally, your lawyer can address any concerns that the prosecution or judge raised, providing clarification and addressing any potential obstacles to expungement.

• Furthermore, a DUI expungement lawyer can leverage their knowledge of the law and familiarity with the court system to anticipate potential challenges and develop effective strategies to overcome them. They can identify relevant legal precedents, statutes, and case law to support their arguments and strengthen the case for expungement.

• Moreover, a lawyer can handle any procedural aspects of the hearing, such as filing paperwork, scheduling court appearances, and communicating with the court and other parties involved. This ensures that all requirements are met and deadlines are adhered to, minimizing the risk of delays or complications in the expungement process.

The experienced legal team at Rodriguez Law Group can provide valuable guidance and support throughout the hearing process. We will thoroughly explain the legal proceedings, answer any questions or concerns, and provide reassurance and encouragement during what can be a stressful and intimidating experience.

Talk with an Experienced Los Angeles Expungement of DUI Lawyer Today

The skilled attorneys at Rodriguez Law Group can aggressively represent you during every stage of your DUI case, including the expungement process, and fight for your legal rights. For a free case evaluation and legal consultation with an experienced Los Angeles criminal defense attorney, please call us at (213) 995-6767 or contact us online.