Are you or someone you know, been charged with a DUI, a criminal offense? DUI stands for Driving Under the influence, it can mean alcohol, drugs, medical drugs, and the likes. In some states it is also referred to a DWI, though in Los Angeles County, it is known as a DUI. If you do know anyone that has been charged with such, you must secure a highly skilled Los Angeles DUI lawyer because time is of the essence in such cases. The attorney will handle your case and assist you with any questions or confusion you may have. By securing a DUI Attorney, for yourself or a loved one, you are helping yourself reduce the overall effect that comes with such a harsh offense. Many people that have gotten arrested for such a crime and did not deal with it properly, lost their jobs, ruined their lives, and the effect hunts them.
Comparing Los Angeles to Atlanta, Miami, and some other States, we carry some of the toughest criminal charges around for a DUI arrest. In order to get out of this sticky situation, or at least know where you stand, reach out to a Los Angeles DUI lawyer lawyerat our firm or any other firm, that truly understands the law, can guide and help you resolve the issue.
The two (2) vehicle code sections that specify the required impaired evidence of a DUI offense are CVC 23152(a) and CVC 23152(b). The first is the required impairment as evidence of DUI and the second requires blood alcohol concentration above the legal alcohol limit of 0.08%. Although, for a legal proceedings in court to prosecute someone for a DUI, they need to prosecute for two different vehicle code sections, mentioned above. To clearly break it down, they are as follows:
Incriminal law, an attorney must utilize their expertise and years of experience in court proceedings. Being a Los Angeles DUI attorney in California a DUI convicted individual must make every effort to have his lawyer dismiss both CVC codes (CVC23152(a) & CVC23152(b) ) at all costs. In such a court proceedings, the limit charges of over 0.08% need to be defended where the attorney can challenge the equipment being used to measure the blood alcohol level as been properly maintained and require such proof. In many cases such equipment can be defective, and a small inaccuracy would void a challenge from the police department.
Arrested for a DUI/Drunk Driving under the influence anywhere within Los Angeles County comes with serious consequences if not properly addressed by an attorney. The first and most important step is to reach out to a Los Angeles DUI Attorney and ask proper questions to secure the arrestees position. Facing prison time, paying extremely high penalties and costs, losing driving privileges, family, friends, and the likes, is perilous to securing a DUI lawyer in your County of arrest. Getting educated is the key to an arrest, understanding what your legal rights are, and how to protect them is key in winning your case. By securing a Los Angeles DUI Lawyer in the beginning stages of one’s arrest, prior to any court date will result in literally spending 0 days in prison, nor the risk of increased insurance premium and job loss, in addition to other major life situations that can be affected.
For a direct answer to this question, it takes a long ten (10) years to have passed in order for a DUI conviction to be expunged from a DMV record. This is true for Los Angeles County and California in general. Other states have different regulations, and each holds its own determinations. If one reaches out to Los Angeles DUI Lawyers they will understand this, quickly, first hand. The most terrifying thing about this, is that it affects many areas ofr your life, such as insurance premiums, family and life. Though 10 years may seem long, and it sure is, this has not always been the case, on January 2007 and prior to that, the law in California was less strict, and the conviction of a DUI will expunge on the 7th year anniversary. It seems as if these 3 additional years were due to the many DUI incidents across the board, and the loss of lives that came along with it. California continues to fight this legislative and get DMV to keep a DUI conviction on record of “life”. These seems awfully harsh, especially when one makes a foolish mistake in their youth. We can be thankful at this time that it has always failed to pass, and we are still on the 10 year time limit. All Los Angeles DUI attorneys will tell you that they do not agree with a life long DMV record of a DUI, it is just not right. Keep in mind that the legislative, will never give up, and continue to fight from this life DMV record.
A bad credit report can destroy your enjoyment of life. A DUI on your DMV record can ruin your life. What do both have in common? They both have a ‘red mark’ that will leave a long life effect on your life. Did you know that for a DUI on your record you are able to file a petition with the California criminal records office in an attempt to have it fully removed from your records? Yes you can, and it is isn’t very hard. The way it is done, is first filing it with the actual court system, when this is done, it gets reviewed by a judge. Once the judge looks it over and approves the document, the only thing left to do on your part is withdraw the original negative plea that you put in. By withdrawing the plea, this puts you in a non-guilty situation, therefore the effects can take place, and what this does is pretty much dismisses your case. How does this affect your driving record? Well, sadly a DUI conviction as of this writing, is not fully possible to eliminate from a driving record. So are you suck with it for 10 years on your DMV files? Yes you are, sadly, but true. The good news is, that most employers will not check your DMV records when applying for a job, so going through this process, will benefit you when looking for a job, other similar situations.
There are just too many situations to list on a website, therefore you should reach out to a Los Angeles DUI Lawyer as soon as possible following a DUI arrest. The attorney will detail out your situation, answer any questions you may have, provide you with all the required documentation. At that time your case can be looked over with exact precision to determine if expunging the DUI from any of your records is a possibility at all. You need to take charge and stay on top of your DMV and other records, you need to hire an experience Los Angeles DUI attorney, that is experienced in their filed, and will fight to get you the ultimate results in your favor. You must focus on assuring at all costs that the DUI arrest on your records is legally cleaned up. You are in charge, and if you take action, you can make this happen. Many just sit back and hope the records will get cleaned up on their own, this never happens, and you should not expect it to either. How badly do you want these negative marks off your life? You make the decision and when you decide to do the right thing, simply reach out to an expert criminal attorney in your area, that has proved to help others, and get the process started.
In case there is a change in the way the legislation decides on such cases, and the charge remains on the criminal record of yours or a loved one ‘for life’, you can take into clear assumption that getting auto insurance or trying to secure a job, and the sorts will have a huge impact on your livelihood, marriage, and family. Be smart, right it with all you got. Make the right decision, do your research on the topic, analyze every single situation within it, and reach out the secure one of the best Los Angeles DUI lawyers that will assist you every step of the way in securing your life back to where it was before the arrest.
What takes place when you are pulled over for a DUI? And what do the cops do to find out if you are truly under the influence? Remember, the police is not “out to get you”, they just want you to obey the law. Therefore, in order to know if you are under the influence of alcohol or drugs (legal or not) they bust administer three (3) types of tests.
The reason this is done, is for the reason of finding out your body alcohol level.
There is only one benefit from taking these tests, and the temptation is all there, you want to prove that you are not drunk, the cops want to prove you are, if they believe you are, therefore many take these tests, yet if you are found over the limit, then it is going to be 100% used against you in a court of law, remember that, and you will get arrested right there on the spot. The cops will not listen to any excuses you have, any stories you may want to tell them, they go by facts, and their obligation is to arrest you, or they lose their job. That said, what do you think they will do? Do you think you have a chance to get out of it? No, of course not! You will be arrested for a DUI offense, like it or not.
If you decide to refuse to take these tests, you will get arrested, though the cops will have ZERO evidence in court other than their own word and testimony, so be smart, and think twice before administering to these tests. Your chances of coming out of a DUI arrest without this data are much greater and easier to deal with. Your Los Angeles DUI Lawyer will be able to fight your case from so many different angels if you do not take these tests, as there is no evidence that can be provided to find out guilty beyond reasonable doubt.
That said, it may be worthwhile dealing with getting arrested by ignoring to take the exams the cops provide. These three (3) exams when failed will be used against you, make no mistake, though if they are not taken, then clearly there no data to be used against you. Short term you will have to deal with being arrested, long term you will have the luxury of getting out of this mess.
One may have to deal with one the following when arrested for a DUI:
If in the past you have been convicted of a DUI, or what is called a DUI conviction matters will be further complicated.
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