What a Van Nuys DUI Lawyer can do in a DUI case:
A Van Nuys DUI Lawyer is the first person you should call if you or someone you love was involved in a DUI arrest. DUI arrests have consequences for the people involved, so getting the right advice from a DUI lawyer will minimize the potential fall out from a Van Nuys DUI arrest. To speak with Van Nuys DUI Lawyer, call 213-400-0358.
What are the consequences of a DUI arrest in Van Nuys?
A DUI arrest involves consequences from two sources: the Criminal Court System and the DMV. A Van Nuys DUI Lawyer will know what you’re up against and how to minimize the harm from these consequences. The worst consequences of a DUI arrest in Van Nuys include:
-A Criminal Record
-Driver’s License Suspension
Criminal Court System
A DUI arrest and conviction will result in a criminal record for the driver convicted of DUI. This record can be either a felony, or misdemeanor depending on the case. Jail time is another common outcome in DUI cases. While jail-time is more likely in 2nd or 3rd offense DUI cases, Jail-time is given, even to 1st offender cases, depending on the facts of the case. Stiff fines, mandatory alcohol education classes, restricted driver’s license and a requirement to install an ignition interlock device (breathalyzer) on the driver’s can also be required by the Criminal Court.
The DMV will also punish a DUI driver involved in an arrest in Van Nuys. The California DMV takes great delight in suspending driver’s licenses of people arrested for DUI. Additionally, the DMV requires updated insurance (which can be very expensive) on top of mandatory alcohol education classes, an ignition interlock device and new fees to re-instate your driver’s license. Learn more about the DMV hearing process.
What happens in a typical Van Nuys DUI case?
The typical DUI case has three phases:
-The DMV process
-The Criminal Court process
Most DUI drivers are arrested at night after police observe some kind of erratic driving. This can include speeding, lane straddling, failure to use turn signals or other minor traffic violations. This gives the police involved “Reasonable Suspicion” to stop the driver and investigate further. Other case involve accidents or DUI checkpoints where police observe alcohol impairment on the part of the driver.
Although the arrest is uncomfortable to talk about, it is important that the driver tell their lawyer EVERYTHING that happened leading up to the arrest. DUI lawyers look for irregulartites in police conduct or issues with the arrest that can be used as defenses.
The DMV Process
The DMV process happens quickly and is something that a DUI lawyer can be very helpful in navigating. The driver only has 10 days to request a DMV hearing… otherwise the DMV will automatically suspend the driver’s license. The DMV hearing itself is not an “informal interview” or something that should be taken lightly… it is a legal proceeding that effects the driving privileges of the driver involved in a DUI arrest. At the hearing, the driver has the right to hear the case against them, including testimony from police officers, medical personnel, witnesses to the events and anyone involved in the arrest. The driver also has the right to present evidence in their defense, and to cross examine the witnesses against them. It is not uncommon to hire a medical expert witness to rebut the case against the driver. Because this can be complicated, it is best to speak to a lawyer about how to handle DMV hearings. If handled properly, depending on the facts of the particular case, a DMV hearing victory can help the driver save their license from suspension.
The Criminal Court Process
The criminal case against the DUI driver will be either a felony or misdemeanor depending on the facts of the case. Cases are treated as felonies when they involve:
-Great bodily injury to accident victims
-Hit and Run
-3rd or 4th offense DUI cases
-Other Aggravating Circumstances
Regardless of whether a case is a felony or misdemeanor, the case against the driver first involves an “arraignment” where the driver is notified of the charges against them and is advised to seek the help of defense counsel. At this stage, the driver enters their plea of “guilty” or “not guilty.” It is very important to seek the help of an experienced DUI lawyer before going to an arraignment because an arraignment is an important step in any criminal prosecution. See more about DUI Defenses that work.
Information about Van Nuys:
Located in the San Fernando Valley north of downtown Los Angeles, Van Nuys is incorporated into the city of Los Angeles itself. Approximately 100,000 people call the Van Nuys area home, even though technically they are considered Los Angelenos. The Van Nuys neighborhood is a centrally located place in the San Fernando Valley, with access to major freeways and is the location of numerous government agencies and offices such as the Van Nuys Courthouse, the California DMV Driver Safety Office and other California state offices.