Understanding the Basics of DUI Laws and Defenses
Driving Under the Influence of Alcohol (DUI)
A night at the bar can end with grave consequences. Clients who find themselves on this website are on the other side of a miserable interaction with law enforcement. At the Law Offices of Leonard Manalo, our attorneys understand that you should not be judged upon one bad decision that led to an arrest. Our attorneys will bring to bear out years of experience defending clients in the same place as you.
We take immense pride in being a reputable and trusted criminal defense firm, offering top-tier legal services for individuals facing DUI charges in Los Angeles County, Orange County, and San Diego County. We understand that a single night at a bar can lead to grave consequences, but we firmly believe that one bad decision should not define your entire life. With our team of experienced attorneys by your side, you can rest assured that we will provide aggressive and compassionate representation throughout the legal process.
Introduction to DUI Defense:
Driving Under the Influence (DUI) can be serious criminal offense that occurs when an individual operates a motor vehicle while under the influence of alcohol or drugs. In California, the legal limit for blood alcohol concentration (BAC) is 0.08%. However, even if your BAC is below the legal limit, you can still be charged with a DUI if the prosecution can prove that your ability to drive was impaired by alcohol or drugs.
Being arrested for a DUI can be a frightening and overwhelming experience. After an arrest, you may be taken into custody and held in jail until your arraignment in court. During this time, it's crucial to seek legal representation from an experienced DUI attorney who can protect your rights and advocate for your best interests.
At the Law Offices of Leonard Manalo, we understand the complexities of DUI laws and the potential consequences you face. Our team of top DUI attorneys has extensive experience in handling DUI cases, and we are ready to fight for you.
The Prosecution's Burden of Proof:
When charged with a DUI, the prosecution must prove certain elements to secure a conviction. The following elements must be proven:
Driving a Vehicle: The prosecution must establish that you were driving a motor vehicle at the time of the offense. This can be determined through witness testimony, police observations, or other evidence.
Under the Influence: The prosecution must show that you were under the influence of alcohol or drugs while driving. This can be proven through field sobriety tests, officer observations, and chemical tests.
BAC of 0.08% or More: If your blood alcohol concentration (BAC) was 0.08% or higher at the time of driving, the prosecution can use this as evidence of impairment.
Impaired Driving: Alternatively, even if your BAC was below 0.08%, the prosecution can still establish a DUI if they can demonstrate that your ability to drive was impaired by alcohol or drugs.
Understanding the Consequences of a DUI Conviction:
The penalties for a DUI conviction in California can be severe, and they may vary depending on factors such as your BAC level, prior criminal history, and any aggravating circumstances involved in the offense.
Consequences for a first time DUI may include:
Jail Time: A minimum of 48 hours in county jail, up to a maximum of 6 months, depending on the specifics of the case.
Fines: A minimum fine of $390 to $1,000, along with additional penalties and assessments.
Alcohol Education Classes: Completion of a court-ordered alcohol education program within a specified period.
License Suspension: A minimum of 6 months for first-time offenders, with potential eligibility for a restricted license after 30 days.
Insurance Increases: A DUI conviction may lead to increased insurance rates or policy cancellation by some insurance companies.
Ignition Interlock Device: You may be required to install an ignition interlock device in your vehicle, preventing it from starting if you've been drinking.
DMV Hearing Process
The DMV Administrative Per Se (“APS”) Hearing is a separate legal proceeding from the criminal court case. It is an administrative process conducted by the California DMV to determine whether your driving privileges should be suspended due to a DUI arrest.
We include DMV APS Hearing representation with every DUI retainer because the issues are so intertwined and we may be able to use the evidence and testimony developed in the APS hearing to aid in our criminal case.
This hearing is triggered when you are arrested for DUI, and one of the following conditions applies:
Your blood alcohol concentration (BAC) was 0.08% or higher at the time of your arrest.
You refused to take a chemical test (breath, blood, or urine) to determine your BAC.
The purpose of the DMV Administrative Per Se Hearing is to determine if there is enough evidence to support the suspension of your driver's license. It is crucial to understand that this hearing is independent of the criminal court case and focuses solely on the status of your driving privileges.
Our Extensive Experience in DUI Defense:
At the Law Offices of Leonard Manalo, we have a successful track record of defending clients in DUI cases throughout California. From Los Angeles Superior Court to Orange County Superior Court and San Diego Superior Court, our top DUI attorneys have navigated the intricacies of the legal system, delivering exceptional results for our clients.
We firmly believe that every criminal case hinges on the evidence, and DUI cases require a keen understanding of the scientific and procedural aspects of obtaining evidence. As experienced DUI attorneys, we utilize the latest technology and collaborate with relevant experts to analyze evidence thoroughly. This meticulous approach allows us to craft a robust defense strategy tailored to the unique details of your case.
Our Firm's Approach to DUI Defense:
When you choose the Law Offices of Leonard Manalo as your DUI defense firm, you can expect a comprehensive and strategic approach to your case:
Gathering Evidence: Our experienced attorneys will diligently collect all available evidence related to your DUI arrest. This includes obtaining dashboard and body-worn camera footage, examining the training and experience of the officers involved, and scrutinizing the accuracy of the tests conducted.
Analyzing Evidence: Armed with the information gathered, our top DUI attorney team will meticulously analyze the evidence, searching for any discrepancies or weaknesses in the prosecution's case.
Creating a Defense Plan: Our skilled attorneys will communicate the results of our analysis to you in a clear and understandable manner. We will work with you to develop a defense plan that aligns with your goals and priorities.
Transparent Communication: At the Law Offices of Leonard Manalo, we believe in open and transparent communication with our clients. We will keep you informed about the progress of your case, explain legal procedures, and provide guidance throughout the legal process.
Potential Defenses:
DUIs present some of the most fact and science extensive defenses. Here are some of the basic defenses that we may rely upon:
The Client was stopped illegally without reasonable suspicion.
The Client was not the driver of the vehicle or there was no evidence of driving.
Improper procedures followed during the collection of samples.
The chemical test were contaminated.
A client’s BAC rose to above 0.08 after the time of driving.
This simply grazes the defenses that may be brought in a DUI case depending on the facts and circumstances of a case.
Seeking Alternative to Jail
As experienced DUI defense attorneys, we recognize the importance of exploring alternatives to jail for our clients. Our ultimate goal is to protect your rights and minimize the impact of a DUI conviction on your life. We will work diligently to secure probation and explore other options that may be available to you.
Navigating Different Courthouses:
The Law Offices of Leonard Manalo proudly represents clients in DUI cases across various courthouses in Los Angeles County, Orange County, and San Diego County. Our attorneys have extensive experience in handling cases in different jurisdictions and are well-versed in the unique practices and procedures of each courthouse.
Conclusion:
Facing a DUI charge is a serious matter that demands the expertise of a top DUI attorney. At the Law Offices of Leonard Manalo, we are committed to providing aggressive and compassionate representation to individuals in Los Angeles County, Orange County, and San Diego County. With years of experience and a reputation for excellence, our dedicated attorneys will tirelessly fight for your rights and navigate the complexities of your case with skill and determination.
If you or a loved one is facing a DUI charge, don't hesitate to contact the Law Offices of Leonard Manalo for a free consultation. Our top DUI attorney team is ready to provide you with the best legal representation, guiding you toward a favorable outcome and helping you move forward with your life. Trust us to be your steadfast advocate and protect your rights during this challenging time.
