Pasadena DUI Attorney
Working to Protect You Against California DUI Consequences
Driving under the influence of alcohol and/or drugs is one of the most aggressively prosecuted misdemeanors in the state of California. The penalties for a DUI conviction can be life-changing. The vast majority of those charged with this offense are every day, law-abiding citizens. If this describes your situation, you likely have little experience with law enforcement, prosecutors, and the criminal courts. You are probably scared, feeling helpless, and convinced you will be convicted based on the state’s “evidence.” This is a common experience where you can easily get railroaded by both the criminal justice system and the DMV administrative process designed to suspend your license.
As any criminal defense attorney can tell you, a DUI arrest does not automatically have to mean a DUI conviction. You will, however, need an attorney who knows how to fight back with a strong and effective legal strategy. At The Law Office of Damon Alimouri, we assert a range of DUI defense tactics designed to protect you against DUI prosecution. Our Pasadena DUI lawyer can thoroughly investigate all aspects of your arrest and charge in search of procedural mistakes, defective or poorly maintained testing equipment, illegal stops, and more. Any flaws and inconsistencies in the state’s case against you can be used in your favor. Our aim is to put you into the strongest legal position for the best possible result.
California’s DUI Laws
Under California law, you can be arrested and charged for DUI the following situations:
- As an adult, you drove while under the influence of alcohol, drugs, or a combination of both resulting in impaired driving as witnessed and determined by law enforcement. This is regardless of what your blood alcohol concentration (BAC) measured.
- You drove with a blood alcohol concentration (BAC) measuring .08 percent or higher as an adult.
- You drove with a BAC of .05 percent or higher when under the age of 21. Driving with a BAC of .01 percent or higher will result in the loss of your license for a year but will not result in criminal charges.
- You drove a commercial vehicle with a BAC of .04 percent as a commercial license holder.
In general, this will be considered a first offense unless you have been convicted of a previous DUI within the last 10 years.
The penalties you will face upon a first-offense DUI misdemeanor conviction can include:
- A license suspension of up to six months. You can apply for a restricted license to drive back and forth to work/school; this will require the installation of an ignition interlock device in your vehicle.
- Fines ranging from $390 up to $1,000 or more.
- 48 hours up to six months in jail which is often set aside by probation for first-time offenders.
- Probation for three to five years during which you must compete DUI school along with any other restrictions or conditions ordered by the court.
Factors that can result in harsher penalties can include refusing to submit to a chemical test, being found driving with a minor in your car, a very high BAC, reckless driving, or causing injuries to others or property damage. If you refuse to take a chemical test, you will face an automatic license suspension of one year.
Field Sobriety Tests
In the state of California, The Standardized Field Sobriety Test (SFST) is made of up 3 individual tests:
- Horizontal Gaze Nystagmus (HGN) test - the officer will observe the eyes of the person as they move a pen or small object back and forth.
- Walk-and-turn test - the officer asks the person to take about nine steps in a straight line and the return back.
- One-leg stand test - the officer will instruct the person to stand with one foot off the ground and hold it for about until told to put it down.
During the tests, the officer is looking for signs that the person is impaired such as not being able to keep their balance, slurred speech or not following the instructions properly. If the person in question is experiencing any of they signs, than the officer can determine that he or she is under the influence of drugs or alcohol.
The DMV Administrative Process
You will have 10 days after your DUI arrest to request an administrative hearing with the DMV to challenge the automatic license suspension that it imposes. This suspension is in addition to a suspension you can get from the court if you are convicted. Our Pasadena DUI lawyer can request this or you and represent you at the hearing. You may or may not be required to attend.
If you are convicted of subsequent DUIs within a 10-year period, you will face more severe penalties upon each succeeding conviction. You will face DUI felony charges if arrested with three or more prior convictions within the last 10 years. You will also face felony charges if you seriously injure or cause the death of someone due to drunk driving.
Let The Law Office of Damon Alimouri Represent You
DUI arrests are a complex combination of California law, science, technology, and even health factors. All of these factors need to be thoroughly investigated in search of weak, false, or problematic evidence put forth by the state. Our firm is well-equipped to help you fight charges for best possible results. Find out how we can help by discussing your case with our attorney in a free, initial consultation.
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Has Handled a Wide Range of Different Cases
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