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Los Angeles First-Time DUI Offense Lawyer

Police officers are cracking down on driving under the influence – or DUI – throughout Los Angeles. Even a first-time DUI conviction can lead to serious penalties, up to and including jail time.

If you are currently pending a first-time DUI charge in Los Angeles, you want an experienced criminal defense lawyer representing you throughout your case. The skilled legal team at Rodriguez Law Group can review your arrest circumstances and determine your eligibility for raising a legal defense to your charge. We can also negotiate with state prosecutors for a plea deal on your behalf.

For a free case evaluation and legal consultation with a skilled Los Angeles first-time DUI offense attorney, please call us at (213) 995-6767 or contact us online for more information.

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Why Select Us for Your Legal Needs?

If you are currently pending a DUI charge in Los Angeles, you want a lawyer on your side whom you can trust – and who has your best interests at heart. At Rodriguez Law Group, our team understands how police officers and prosecutors put criminal DUI cases together. We use our knowledge and experience to fight for our clients’ rights and, if necessary, take DUI cases to trial or negotiate favorable plea deals.

Our clients have also honored us with a 10.0 rating on Avvo. To review 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 be your advocates and help you obtain the best possible result in your DUI case.

What are the Possible Penalties for a First-time DUI Conviction in Los Angeles?

A first-time DUI conviction in Los Angeles can result in various penalties, many of which can be severe and have long-lasting consequences. When someone is convicted of driving under the influence (DUI) for the first time, they face legal repercussions that can include fines, license suspension, mandatory alcohol education programs, and even jail time.

One of the most immediate penalties is the imposition of fines. In Los Angeles, first-time DUI offenders can expect to pay fines ranging from several hundred to several thousand dollars. These fines are meant to serve as a deterrent and a form of punishment for the offense.

Another common penalty for a first-time DUI conviction is the suspension of the offender’s driver’s license. The length of the suspension can vary depending upon the case circumstances, but it typically lasts for several months. During this time, individuals may have restricted driving privileges or be required to use an ignition interlock device, which prevents the vehicle from starting if alcohol is detected on the driver’s breath.

In addition to fines and license suspension, first-time DUI offenders in Los Angeles may be required to attend mandatory alcohol education programs. These programs aim to educate individuals about the dangers of driving under the influence and help them make better choices in the future. The length and intensity of these programs can vary, but they often involve multiple sessions over the course of several weeks or months.

In some cases, first-time DUI offenders may also face jail time. While it is less common for a first offense, it is still a possibility – especially if aggravating factors are present, such as a high blood alcohol concentration or involvement in a traffic accident. Jail sentences for first-time DUI convictions in Los Angeles can range from a few days to several months.

What are Some Collateral Consequences of a First-time DUI Conviction in Los Angeles?

A first-time DUI conviction in Los Angeles can have collateral consequences beyond just the potential legal penalties. These additional repercussions can affect various aspects of an individual’s life long after the initial conviction.

• Employment – A first-time DUI conviction can make it difficult to find or maintain employment, especially in certain industries that require driving or have strict policies regarding criminal convictions.

• Education – Some educational institutions, such as colleges and universities, may take disciplinary action or revoke scholarships or financial aid due to a DUI conviction.

• Professional Licenses – Certain professions, such as law, medicine, and education, require professional licenses. A DUI conviction may result in the suspension or revocation of these licenses, hindering one’s ability to practice in their chosen field.

• Insurance Rates – Auto insurance rates often increase significantly following a DUI conviction, making it more expensive for individuals to maintain coverage.

• Background Checks – A DUI conviction typically becomes a permanent part of an individual’s criminal record and can show up on background checks by employers, landlords, and even volunteer organizations.

• Travel Restrictions – Some countries have strict entry requirements for individuals with criminal convictions, including DUIs. A DUI conviction can result in difficulties traveling internationally.

• Social Stigma – There can be a social stigma associated with a DUI conviction, which may lead to strained relationships with friends, family, and the community.

• Child Custody and Visitation – A DUI conviction may also affect child custody and visitation arrangements, as it can be seen as evidence of irresponsible behavior.

Elements of a First-time DUI Offense in Los Angeles

In Los Angeles, like most places, a DUI charge carries serious legal implications. To convict someone of a first-time DUI offense in Los Angeles, the government must prove several legal elements beyond a reasonable doubt:

• First, the government needs to establish that the accused driver (the defendant) was operating a motor vehicle. This may seem obvious, but it’s a crucial point. The term “operating” is broad and can include not only driving but also being in control of a vehicle while intoxicated – even if it’s not moving.

• Secondly, the government must demonstrate that the defendant was under the influence of alcohol or drugs while operating their vehicle. This is often proven through evidence such as a breathalyzer test, blood test, or field sobriety tests administered by law enforcement officers. The legal limit for blood alcohol concentration (BAC) in California is typically 0.08 percent for adults. However, for drivers under 21 and commercial drivers, the limit is lower.

• Additionally, the government needs to show that alcohol or drugs did impair the defendant’s ability to drive. Even if the defendant’s BAC is below the legal limit, they can still be charged with a DUI if their consumption of alcohol or drugs noticeably affected their ability to drive.

• Furthermore, the prosecution must establish that the stop and arrest were lawful. Law enforcement officers must have had a valid reason to pull over the defendant’s vehicle, such as observing erratic driving behavior or a traffic violation. Additionally, the arrest must have been conducted in accordance with the defendant’s rights, including the right to be informed of the charges against them and the right to legal representation.

• Lastly, the government needs to show that the defendant was driving on a public road or highway. This means that DUI charges typically don’t apply to individuals who are driving on private property, such as their own driveway or parking lot.

Potential Legal Defenses to a First-time DUI Charge

Facing a first-time DUI charge in Los Angeles can be daunting, but there are several potential legal defenses that a skilled DUI attorney can use to challenge the prosecution’s case. Here are some common defenses:

• Lack of Probable Cause – Law enforcement officers must have a valid reason to pull over a vehicle and make a DUI arrest. If the officer did not have reasonable suspicion to stop the defendant’s vehicle, any evidence obtained during the stop may be suppressed and deemed inadmissible in court.

• Improper Administration of Field Sobriety Tests – Field sobriety tests, such as the walk-and-turn or one-leg stand, are often used by officers to assess a driver’s level of impairment. However, these tests must be conducted properly and in accordance with standardized procedures. If the officer failed to administer the tests correctly or provided unclear instructions, the results may be called into question.

• Inaccurate Breathalyzer or Blood Test Results – Breathalyzer and blood tests are commonly used to measure a driver’s BAC. However, these tests can produce inaccurate results if not administered correctly or if the testing equipment is faulty or improperly calibrated. Additionally, certain factors such as medical conditions or recent consumption of certain foods or medications can affect the accuracy of the results.

• Rising Blood Alcohol Defense – Alcohol takes time to absorb into the bloodstream, and a person’s BAC may continue to rise even after they have stopped drinking. If the defendant consumed alcohol shortly before driving, their BAC may have been below the legal limit at the time of driving but rose above the limit by the time they were tested.

• Violation of Miranda Rights – If law enforcement officers fail to properly advise the defendant of their Miranda rights, including the right to remain silent and the right to legal counsel, any statements that the defendant made during questioning may be suppressed and deemed inadmissible in court.

• Medical Conditions or External Factors – Certain medical conditions, such as gastroesophageal reflux disease (GERD) or diabetes, can produce symptoms that mimic intoxication. External factors such as fatigue, stress, or exposure to environmental toxins can also affect a person’s behavior and performance on field sobriety tests.

By employing these and other legal defenses, our skilled first-time DUI offense lawyers in Los Angeles can challenge the prosecution’s case and work towards a favorable outcome in your case.

Plea Bargains and Diversion Programs in Los Angeles First-time DUI Cases

In Los Angeles, first-time DUI offenders may have options such as plea bargains and diversion programs to consider with the assistance of an experienced criminal defense lawyer.

Plea bargains involve negotiating with the prosecution to reach a mutually acceptable agreement. In the context of a DUI case, this may entail the defendant pleading guilty to a lesser charge, such as reckless driving, in exchange for a lighter sentence. Plea bargains can help first-time offenders avoid the full extent of penalties associated with a DUI conviction, such as jail time and hefty fines.

Diversion programs also offer an alternative to traditional prosecution and punishment. These programs typically involve completing certain requirements, such as attending alcohol education classes, undergoing substance abuse counseling, performing community service, and staying out of legal trouble for a specified period. Successful completion of a diversion program may result in the dismissal of the DUI charges or a reduction in penalties.

A Los Angeles first-time DUI offense attorney can play a crucial role in advocating for the defendant’s interests during plea bargain negotiations and navigating the complexities of diversion programs. Here’s how:

• Legal Expertise – A defense lawyer has a deep understanding of DUI laws and legal procedures in Los Angeles. They can assess the strength of the prosecution’s case, identify potential defenses, and advise the defendant on the most favorable course of action.

• Negotiation Skills – Defense lawyers are skilled negotiators who can effectively communicate with prosecutors to secure favorable plea deals or diversion program options for their clients. They can leverage their relationships within the legal system to achieve the best possible outcome.

• Case Preparation – A defense lawyer will thoroughly investigate the circumstances surrounding the DUI arrest, including the legality of the stop, the accuracy of a breathalyzer or blood test results, and any potential violations of the defendant’s rights. They will also gather evidence, interview witnesses, and build a strong defense strategy to challenge the prosecution’s case.

• Court Representation – If the case goes to trial, a defense lawyer will represent the defendant in court, presenting arguments, cross-examining witnesses, and advocating for their client’s innocence or mitigating circumstances.

At Rodriguez Law Group, we can provide you with the guidance necessary to navigate the legal process and pursue the best possible outcome for your case.

Steps to Take after a First-time DUI Arrest in Los Angeles

Facing a first-time DUI arrest in Los Angeles can be overwhelming, but taking the right steps can help mitigate the consequences and protect your rights. Here’s what to do after being arrested for DUI:

• Document the Arrest – Take note of important details surrounding your arrest, such as the time and location, the behavior of the arresting officer, and any interactions with witnesses. This information can be valuable for your defense.

• Avoid Making Incriminating Statements – Refrain from discussing the specifics of your case with anyone other than your lawyer. Anything you say to law enforcement or others can potentially be used against you in court.

• Attend Your DMV Hearing – Upon arrest for DUI in California, your driver’s license is typically confiscated, and you’re issued a temporary license. You have only ten days from the date of arrest to request a DMV hearing to contest the automatic suspension of your license. It’s crucial to attend this hearing, as it provides an opportunity to challenge the suspension and potentially retain your driving privileges.

• Consider Rehabilitation Programs – Depending on the circumstances of your case, enrolling in alcohol education or rehabilitation programs voluntarily can demonstrate your commitment to addressing any underlying issues, and the court may view this step favorably.

• Follow Legal Advice – Listen to your attorney’s guidance and follow their instructions closely. At Rodriguez Law Group, we can navigate the legal process, build a strong defense, and pursue the best possible outcome for your case.

Speak with an Experienced Los Angeles First-time DUI Offense Attorney Right Away

A first-time DUI conviction can have extremely serious consequences. If you are currently pending a DUI charge, it’s important to seek out experienced legal counsel right away. The skilled lawyers at Rodriguez Law Group can aggressively defend you against your first-time DUI charge and pursue the most favorable result in your case.

For a free case evaluation and legal consultation with a knowledgeable criminal defense lawyer in Los Angeles, CA please call us at (213) 995-6767 or contact us online today.