Marijuana DUI Attorneys and Lawyers in Los Angeles
Defense for DUI and Driving under the Influence of Alcohol, Marijuana or Other Substance
You’re probably aware of the severe consequences of driving under the influence (DUI), but there are many facts that people are not aware of that can make the situation even worse. If you are arrested for driving under the influence, whether it’s alcohol, marijuana, or other substance, contact us. We have helped hundreds of clients get through the difficult and often financially devastating process. Our experienced lawyers will evaluate the charges and evidence against you and explain options in an honest and meaningful way. Sometimes a plea of guilty to reckless driving can be arranged but we can’t access your case if you don’t call us.
Being arrested for DUI or driving while under the influence can be devastating. Let’s look at the facts so you know why it is important to protect your rights. If you are charged with a DUI, you must REQUEST A HEARING WITHIN 10 DAYS from the date of your arrest or you forfeit your right to a DMV hearing. We can take care of this for you.
What Is Considered Driving under the Influence of Alcohol?
Driving Under the Influence of alcohol or “drunk driving” means operating a motor vehicle while your blood alcohol content (BAC) is above the legal limit. Each state has different statues but in California the BAC limit is .08% for adults 21 years old or older, 0.04% or higher for commercial vehicles and 0.01% or higher for minors and drivers under 21 years old.
California Vehicle Code Section 23152(b) states that it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood stream to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
Usually when someone is stopped for Driving Under the Influence charge, the officer will conduct a series of field sobriety tests and later ask for either a breath test or a blood test. The results of these examinations and testing become part of the record for both the court and the DMV. There are different things that the court and DMV are concerned with and as a result, it is possible in a given case that a DMV hearing may be won but at the same time the person can face a conviction in court.
What Is Considered Driving under the Influence of Marijuana?
Recreational use of marijuana became legal for adults in California 21 years or older in 2018, but there are strict guidelines on “what, when and where” for use and strict penalties for driving while “stoned.” Driving while stoned is treated the same way as if you are driving while intoxicated with alcohol. If you are charged with a DUI while under the influence of pot or another drug, call us immediately. When charged with a DUI, you must REQUEST A HEARING WITHIN 10 DAYS from the date of your arrest or you forfeit your right to a DMV hearing. Let our experienced DUI attorneys take care of this for you.
Is a DUI a Misdemeanor or Felony?
Subsection (a) is a general provision and makes it is a MISDEMEANOR to drive under the influence of alcohol and/or drugs. Subsection (b) is narrower and only applies to alcohol. It makes it a MISDEMEANOR to drive with .08% or more of alcohol by weight in your blood. Under certain circumstances a DUI can be charged as a FELONY as well.
WARNING: When charged with a DUI, you must REQUEST A HEARING WITHIN 10 DAYS from the date of your arrest or you forfeit your right to a DMV hearing. Our office will take care of this for you.
Usually when someone is stopped for Driving Under the Influence charge, the officer will conduct a series of field sobriety tests and later ask for either a breath test or a blood test. The results of these examinations and testing become part of the record for both the court and the DMV. There are different things that the court and DMV are concerned with and as a result, it is possible that a DMV hearing can be won but at the same time the person can face a conviction in court.
What if I Refuse to Take a Breath or Blood Test?
You have the right to refuse a breath or blood test, but here are the consequences if you do. A refusal of the breath or blood test creates a presumption that the person’s alcohol level was in fact over the legal limit and the DMV will suspend his/her license for a longer period. This is because anyone using the roads in California is deemed to have consented to chemical testing when asked by a peace officer upon probable cause to suspect DUI. A refusal generally works against the interests of the accused.
Driving Under the Influence (General) – California Vehicle Code Section 23152(a) states – It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
Driving Under the Influence of Alcohol (Specific) – California Vehicle Code Section 23152(b) states- It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
Generally, each county in California has a different approach on DUI charges because of local rules and regulations, and depending on where your charges are filed, the potential outcome will likely depend on the local court. If you are charged with a DUI, you need the assistance of a local and experienced DUI attorney who knows your local court and district attorney. Contact our office to speak with an attorney who is familiar with local jurisdiction.
What Happens If I am Convicted of a DUI?
If it’s your first conviction, you’ll face 4-month suspension of your driver’s license with a 30-day mandatory suspension period and 3 months of restriction from the DMV upon showing proof or enrollment in DUI classes. You’ll also pay a $125 fee to DMV and must present an SR-22 proof of insurance. A first time DUI offender also faces three years of informal/summary probation with the court, approximately $1300-$1900 in fines depending on their jurisdiction, and a requirement for completion of a first-time AB-541 Alcohol Offender’s program (which is also required by the DMV to allow a restricted license).
In some circumstances such as a very high Blood Alcohol Concentration (BAC), speeding, being involved in a car accident with bodily injuries or refusing to take a BAC test will add more time to any of the basic penalties mentioned earlier. If you have a prior DUI on your record within the past 10 years, future violations will be punished more severely. Today’s courts are robust in their punishment of repeat offenders and harsh punishments can include 45 days in jail and the loss of your license.
Repeat DUI Offenders
A second time DUI within 10 years of a first conviction has very strict consequences and requires a minimum of 96 hours in jail, although Los Angeles Courts are asking for 30-60 days jail. In Orange County, most courts require 45-90 days in county jail for a second time DUI. Also, the DMV will likely give a 1-year license suspension and you’ll be required to complete an 18-month alcohol program.
A third-time DUI (within 10 years of 2 prior convictions) requires a minimum of 120 days in county jail, but most people convicted of this crime do between 6 and 9 months in county jail. Also, the DMV will consider revocation of your driver’s license for 3-5 years.
A 4th time DUI (within 10 years of 3 prior convictions) is usually filed as a FELONY and requires a minimum of 180 days in jail but most people will end up with 1 year in county jail or 16 months in state prison. Also, the DMV will consider revocation of his/her driver’s license for 3-5 years.
Repeat offenders face profound consequences and should retain an experienced attorney. We have helped many clients avoid jail time or have dramatically reduced time spent in jail. When charged with a DUI, the need for an effective, accomplished criminal defense attorney is urgent. Call us.
A DUI conviction is a life-changing event that will affect your employment, your family and your financial well-being. If you’ve been charged with a DUI, contact our office as soon as possible. The right California DUI defense attorneys have the experience and the technical knowledge to find the weak points in the prosecution’s case to win your case, get the charges reduced or even dismissed.
If you, a friend or a loved one is charged with a DUI in Los Angeles county or Orange County, pick up the phone and call our office immediately. We can help you through this process and will work hard to get the best possible outcome for you and your family.
