Los Angeles Dating Violence Restraining Order Attorney

Dating Violence is a serious issue in the state of California—which, unfortunately, targets young people as well. If you or your children are in danger of or experiencing a situation of dating violence then help is available to you. The law is on your side and is used to resolve matters peacefully. Escalation can be inevitable in certain cases, and without intervention, you may find yourself or a loved one in danger of dating abuse violence. Seeking help early on is vital to make sure the situation does not escalate. Hurwitz Law is here for any questions you may have.

Dating Violence Law Firm Los Angeles

Teen dating violence is a major concern for the health of your child. Abusive behavior in the 11-14-year-old age group leads to dramatically increased abusive behavior in later years. The 16-24-year-old age group has the highest per capita rate of intimate partner violence in the country, nearly triple the national average. The influences of peers, family, adults, media and personal experience end up condoning the use of abuse and normalize the idea.

Abuse that occurs during your child’s youth leads to unhealthy habits developing further down their lifetime. Both mental and physical consequences severely affect the way a teen develops. With dating violence being associated with:

9.8% of high school students nationwide report being victims of teen dating violence. The results of which have long-lasting effects and work to continue the cycle of abuse. But there are ways to handle the situation and work to stopping it.

Los Angeles Attorney for Dating Violence Restraining Orders

Getting a restraining order can end the abuse that you or your child experience from a dating partner. If you are seeking a restraining order in order for you or your child, call our restraining order attorney to discuss your options. Call us at (323) 310-9677 for a free consultation and to learn your legal options.

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Los Angeles Repeat Violence Restraining Order Attorney

When a restraining order is put in place, the order is court-enforced, and ignoring it results in a misdemeanor charge or contempt of court. Each violation is considered a new offense and is consequently considered by the court when the charges are brought up. The consequences of repeat offenses stack up, and the end results include the possibility of an abuser facing felony charges. However, this requires the placement of a restraining order, to begin with—so that the court is able to do its best to help the victim in the first place. If you need help a Los Angeles Repeat Violence Restraining Order Attorney who has experience with violence restraining orders, Hurwitz Law Group is here; contact us today.

Repeat Violence Restraining Order Law Firm Los Angeles

Repeat violence in violation of restraining order results in very serious consequences for the aggressor. When the restraining order is ignored multiple times, the court reclassifies the charge from a misdemeanor to a felony. California works on a three strikes system where each felony conviction leads to greater punishment. Second offense felons face a doubled prison sentence and a third conviction sentence can potentially result in 25 years to life in prison.

The law is on the victim’s side and the protection of the court is enforced throughout the United States of America. If a person relocates as part of a plan to keep them safe from an abuser, the constitution and the federal government are committed to enforcing a protection order in any state.

File a Restraining Order in Los Angeles, California

Facing domestic violence is a gravely dangerous issue, which is amplified when the act is repeated. Do not leave yourself undefended and make sure that instances of violence in your household are accounted for. The Hurwitz Law Group, Inc focuses on repeat violence restraining orders in Los Angeles and surrounding California areas. If you are in need of legal defense against repeat violence then you’ll need the expertise of a practiced restraining order lawyer. Call today for a free consultation.

Our Los Angeles Domestic Violence Restraining Order Lawyer Can Help You With

In the state of California, the law works to prevent violence in familial and intimate relationships. The state identifies domestic violence as a criminal act involving:

The circumstances of the case play a heavy role in the matter as well. The severity of the actions and harm to the victims act as large factors in handling the case. No matter the case, the law works to defend the victim’s interests—options are available. The Los Angeles Domestic Violence Restraining Order Lawyers at Hurwitz Law Group has more information below.

Causes of Domestic Violence Restraining Orders

A domestic violence restraining order, or DVRO, is an enforced civil court order telling abusers to end the abuse or face legal action. A DVRO is filed for the state of California if the abuser:

If an abuser goes against the restraining order then the legal consequences will be serious. Victims can use the DVRO to protect themselves and their families against the repercussions associated with getting a restraining order.

Domestic Law Firm Los Angeles

domestic-violence

If you and your family need protection from a dangerous individual, first call “911” or contact your local domestic violence abuse shelter for help. Then, contact Hurwitz Law Group, Inc right away. Our Los Angeles restraining order attorney can help you obtain the restraining order you need for safety and peace of mind.

If you’re unsure whether a domestic violence restraining order is necessary for your situation, keep reading, or talk with our LA restraining order lawyer about your options.

About Domestic Violence Restraining Orders

A domestic violence restraining order, or DVRO, is an enforced civil court order telling abusers to end the abuse or face legal action. In the context of a restraining order, the abuser is called the “restrained person,” and the victim is the “protected person.”

Who can be restrained?

This particular type of restraining order is for individuals facing abuse or threat of abuse from someone who is close to them.

You can file for a DVRO to protect yourself from:

If you know someone who is experiencing abuse, such as a child, you can also file a DVRO on their behalf.

What qualifies as “abuse”?

A DVRO is filed for the state of California if the abuser:

If an abuser goes against the restraining order, serious legal consequences ensue.

Even if you are unsure whether you want or need a DVRO, if you live in the Los Angeles area, it’s important to talk with one of the restraining order firms in Los Angeles so that you know your rights and can protect yourself if necessary.

What does a Domestic Violence restraining order do?

A restraining order does more than simply ask an abuser to stop harming you or your loved ones.

Among other things, a restraining order can legally require the restrained person to:

While some of these sound similar to a divorce, a restraining order is not a divorce. You will remain married.

Every situation is different, so every restraining order will have its own rules and boundaries. The details of a restraining order are entered into the California police database, so that anytime the order is violated, you can call law enforcement for help right away.

If you’d like to file a DVRO, call us. Our LA restraining order lawyer will help you work through the process of protecting your family through a restraining order.

How long does a Domestic Violence Restraining Order last?

In the state of California, the first restraining order you file against an individual can last anywhere from one to five years. If you still feel in danger, when it nears expiry, you can request that the order be extended an additional five years. If you feel you are insignificant danger, you can also request that the restraining order be extended permanently.

The Hurwitz Law Group, Inc Assists Clients with Los Angeles, California Restraining Orders

Domestic violence has long-lasting and damaging effects on victims and their families. There are countless occurrences every day in the state of California. We help victims with the legal protection needed to defend against the threat of abuse. If you are in need of a domestic violence restraining order, we are here to advise you. Call for a free consultation with a Los Angeles domestic violence restraining order lawyer today.

Facing a third DUI offense in Los Angeles is a daunting experience. The legal implications intensify, penalties become harsher, and the emotional toll grows. The legal labyrinth becomes even more intricate with each subsequent offense. Thus, finding experienced representation is not a mere recommendation; it's imperative.

Los Angeles is notorious for its stringent DUI laws. A third offense, in particular, paints a critical picture of one's driving habits in the eyes of the court. They believe you are a habitual traffic offender, which means a third-time DUI offense in Los Angeles County could lead to more severe consequences. It would help if you had a skilled criminal defense attorney to represent you when facing these DUI charges. At the Hurwitz Law Group, our experienced DUI lawyer can help you face third DUI charges.

Learn more about how your previous DUI convictions might impact your case. Then, call us to schedule a case consultation.

Secure Legal Representation From an Experienced San Jose Third Offense DUI Lawyer

Secure legal representation

Hiring a seasoned San Jose DUI lawyer is crucial. Their extensive experience in dealing with third DUI offenses can be your lifeline. They know the intricacies of the legal system and the strategies to employ. With such expertise, they can guide you through the stormy waters of the legal process.

Navigating the legal system without a guide is perilous. Every DUI case is unique, demanding an individualized approach. The right legal team can dissect the nuances of your situation, ensuring that your side of the story is heard and understood. Having a seasoned attorney by your side can make a significant difference in a city with rigorous DUI laws.

What You Need To Know About a Third-Offense DUI

A third DUI offense in California is serious business. The stakes rise dramatically, and the law doesn't treat these cases lightly. It's categorized as a misdemeanor DUI, but don't let that term fool you. The repercussions can be life-altering.

Being charged is not the same as being convicted. The charges can be reduced or dismissed with the right defense strategy. But to stand a fighting chance, it's essential to grasp the laws surrounding a third DUI. Knowledge is power, and understanding the law can help shape your defense.

Legal Blood Alcohol Content (BAC) Limits

California's legal BAC limit for drivers over 21 is 0.08%. For commercial drivers, it's even lower, set at 0.04%. Driving with a BAC above these limits can result in a DUI charge. The accuracy of these tests, however, can sometimes be challenged.

It's worth noting that even if your BAC is below the limit, you can still be charged if your driving is impaired. For those under 21, California operates a zero-tolerance policy. Any level of alcohol could result in criminal charges. Always be conscious of your alcohol intake before getting behind the wheel.

Enhanced Penalties for Third Offense

A third DUI conviction within ten years in California comes with escalated penalties. The law assumes habitual behavior, leading to stiffer punishments. Among these are longer jail sentences, more significant fines, and prolonged license suspensions. Moreover, you may be required to attend DUI school for extended periods.

Completion of a 30-month DUI program might become mandatory. Furthermore, an ignition interlock device (IID) in your vehicle could be required. This device tests your breath for alcohol before the car starts. An extended probation period is also a likely outcome for a third offense.

Potential Jail Time and Fines

For a third DUI conviction, jail time ranges from 120 days to one year. This is a significant leap from the penalties of a first or second offense. In addition, you might be slapped with a fine of several thousand dollars. Court fees can also add to this financial burden.

However, these are the standard penalties. Actual jail time and fines can vary based on the specifics of the case. Factors such as your BAC level, whether there was a car accident, or if anyone was injured can influence the final verdict. Legal representation becomes vital in such circumstances to mitigate these penalties.

Aggravating Factors Can Increase the Standard Penalties of Third Offense DUI

Aggravating factors can increase the standard penalties of third offense DUI

A few circumstances can exacerbate the penalties of a third DUI. These are termed as 'aggravating factors.' Recognizing these is crucial as they can influence the course of your case.

These factors highlight the complexity of DUI cases. It's not just about the act of driving under the influence. The surrounding circumstances can intensify the penalties or provide opportunities for a solid defense.

The DUI Process in California

After being arrested for a third DUI, the process begins. Initially, you'll be taken into custody, and your vehicle may be impounded. After booking, you'll typically be released but given a court date to attend an arraignment. The arraignment is where charges are formally read, and you can enter a plea.

After the arraignment, pre-trial motions and hearings ensue. Here, your lawyer will challenge evidence and negotiate with the district attorney. A plea deal may be offered depending on these negotiations and the evidence presented. If no agreement is reached, the case progresses to trial, where evidence is presented and a verdict is rendered.

California DMV Hearings

California DMV hearings

A DUI arrest triggers two separate entities to take action – the courts and the DMV. While the courts handle the criminal aspect, the DMV deals with your driving privileges. After a DUI arrest, you have ten days to request a DMV hearing. Failure to do so results in an automatic license suspension.

During the DMV hearing, the circumstances of your arrest are examined. The focus isn't on guilt but on whether the officer had probable cause to believe you were driving under the influence. The result of this hearing determines if your driving privileges are revoked or reinstated. We can convince the DMV to give you a restricted license.

What To Do When Charged With a 3rd DUI Offense in Los Angeles, CA

A third DUI charge is overwhelming. Knowing the steps to follow is paramount. This can aid in ensuring a more favorable outcome.

  1. Stay Calm: Panicking won't help. It's essential to keep a clear head, follow the officer's instructions, and avoid making incriminating statements.
  2. Contact an Attorney: Once released, contact a DUI attorney immediately. Time is of the essence, especially regarding DMV hearings.
  3. Attend All Court Dates: Missing a could result in the judge issuing an arrest warrant for you. Always be present and punctual.
  4. Document Everything: Any detail, no matter how insignificant, could be crucial for your defense. Record all interactions and events related to the incident.
  5. Comply With All Legal Requests: Whether attending DUI school or installing an IID, ensure you comply. Non-compliance can result in harsher penalties.
  6. Seek Support: Consider joining support groups or counseling. Professionals can offer vital support during this challenging time.
  7. Stay Informed: Knowledge is power. Stay updated about your case and the laws pertaining to DUI in California.

Following these steps doesn't guarantee a particular outcome but ensures you're proactive in your defense. It showcases responsibility, which can be beneficial in the eyes of the court.

Defenses for the Third Offense DUI

Defenses for the third offense DUI

Defending against a third DUI is critical. While challenging, several defenses can be employed, depending on the case specifics.

Evidence, procedure, and circumstances all play a role. Understanding potential defenses can be your ticket to reduced or dismissed charges.

The Police Lacked a Probable Cause To Stop You

Officers can't randomly stop vehicles without a valid reason. They need probable cause, like a traffic violation or erratic driving. If they lacked this, the traffic stop could be deemed illegal.

If we can show the traffic stop never should have happened, the evidence could be tossed out. This evidence is necessary for the prosecution's case to be solved. It's vital to ascertain the reasons for the traffic stop and scrutinize them closely.

The Officer Lacked Probable Cause for Making a DUI Arrest

Merely suspecting intoxication isn't enough for an arrest. Observable signs of impairment, failed sobriety tests, or other evidence are required. It can be challenged if the arresting officer can't substantiate the arrest with concrete reasons.

Questioning the legitimacy of the arrest can weaken the prosecution's case. Casting doubt on the officer's judgment can tip the scales in your favor. An experienced attorney can spot these discrepancies and leverage them.

The Officer Did Not Read Your Rights

Upon arrest, officers are mandated to read your Miranda rights. This informs you of your right to remain silent and to have an attorney. Any subsequent statements could be deemed inadmissible if these rights weren't communicated.

Understanding your rights is paramount. If they're violated, it can change the course of the case. Ensuring that due process is followed can provide avenues for defense.

Rising BAC

BAC can continue to rise after you've stopped drinking. This means that while driving, your BAC could have been below the limit, but it exceeded the threshold by the time you were tested. This "rising BAC" defense can challenge the timing and accuracy of the BAC tests.

The human body metabolizes alcohol at varying rates. Arguing the timing and validity of the BAC results can cast doubt on the prosecution's evidence. Such nuances play a crucial role in shaping the defense strategy.

Inaccurate BAC Results

Breathalyzers aren't infallible. They require regular maintenance and calibration to provide accurate results. Factors like diet, medical conditions, or even using certain products can skew results. Highlighting errors, whether human or mechanical, can question the veracity of the evidence. Ensuring the integrity of the test is essential for a fair trial.

Illegal DUI Checkpoint

DUI checkpoints need to adhere to specific legal standards. If the checkpoint where you were arrested didn't meet these standards, any evidence obtained could be deemed inadmissible. This can include proper signage, notification, and a predefined method for stopping vehicles.

Knowing your rights during a DUI checkpoint is vital. If procedures aren't followed to the letter, the legality of the checkpoint itself can be contested. Such technicalities can often be the linchpin of the defense.

Recovering Your Driving Privileges After Three DUIs in Los Angeles, CA

Losing your driving privileges can be debilitating. But there's hope. California offers avenues to reinstate your license after a third DUI. Initially, your license will be suspended, but with time and compliance, reinstatement is possible.

To regain your driving privileges, you'll likely need to install an IID in your vehicle and maintain it for a specified period. Additionally, completion of the DUI program and payment of all fines is mandatory. Throughout this process, having legal guidance can streamline the journey and ensure compliance.

Schedule a Case Evaluation With Our Los Angeles Third Offense DUI Lawyers at Hurwitz Law Group Today

Schedule a case evaluation with our Los Angeles third offense DUI lawyers

Being charged with a third DUI in Los Angeles is daunting. But remember, a charge is not a conviction. With the proper legal representation, there's hope for a brighter outcome.At Hurwitz Law Group, our experienced team is adept at handling third DUI offenses. Reach out to us today for a comprehensive case evaluation. Let us be your beacon in these turbulent times.

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Driving under the influence is a significant offense, particularly in Los Angeles. When you face your second DUI charge, the stakes are even higher. Legal complications can quickly escalate, potentially jeopardizing your reputation and freedom. Engaging a knowledgeable lawyer is crucial to navigating this challenging terrain.

The Hurwitz Law Group has assisted numerous LA residents facing second-offense DUIs. With a deep understanding of California's DUI laws and Los Angeles court proceedings, we're here to help. We understand that a second DUI offense is more severe because of your prior DUI conviction.

Learn more about what to do after a DUI arrest below. Then, call us to schedule a consultation with our criminal defense attorney.

How Our Los Angeles DUI Lawyer Can Help if You're Arrested for a Second Offense DUI

How our Los Angeles DUI lawyer can help if youre arrested for a second offense DUI

DUI arrests set off a whirlwind of legal activities begins. There's a lot to manage, from collecting evidence to understanding your rights. Our Los Angeles DUI lawyers are adept at handling all aspects of second DUI offenses. With our guidance, you stand a better chance at reducing or even dismissing charges. This could include downgrading a felony to a misdemeanor DUI.

Every DUI case is unique, and the key to a successful defense often lies in the details. We meticulously examine the circumstances surrounding your arrest. We can challenge the prosecution's narrative by pinpointing inconsistencies or illegal actions. Hurwitz Law Group ensures you get a fair shot in court. Rely on our DUI defense attorney to represent you.

Overview of the DUI Laws in California

Overview of DUI laws in California

In California, drunk driving is not taken lightly. The law defines DUI as driving a vehicle with a blood alcohol content (BAC) of 0.08% or higher. For commercial drivers, keep in mind there is a lower limit of 0.04%. Regardless of the limit, the effects on your life can be profound.

A second DUI offense within ten years of the first amplifies penalties. This can range from fines to mandatory jail time. California Vehicle Code Section 23152 provides detailed information on DUI laws. Educating oneself about these laws is crucial when faced with charges. DUI convictions can change your life forever, but our criminal defense attorney will work to mitigate their consequences.

What You Need To Know About Second Offense DUI

A second DUI is not merely a repeat of your first experience. The legal consequences grow steeper. Understanding the critical distinctions between a first and second DUI can shape your defense. One of the most notable differences is the minimum jail time requirement.

Los Angeles courts are stricter with repeat offenders. While a first-time DUI might result in more lenient penalties, a second offense often leads to harsher punishments. This includes more extended probation periods and mandatory DUI school attendance. Awareness of these distinctions can help you brace for what's ahead.

Penalties and Consequences Second Offense DUI in Los Angeles

Penalties and consequences second offense DUI in Los Angeles

A second DUI conviction within ten years intensifies penalties. One can expect increased fines, mandatory jail time, and longer license suspension durations. In addition, the court might order the installation of an ignition interlock device in your vehicle. There's also the probability of attending lengthy alcohol education programs.

The social consequences can be equally challenging. A DUI conviction affects one's employment prospects, leading to personal relationship strains. The stigma of a second DUI is powerful and can hinder various aspects of daily life. Partnering with an adept lawyer minimizes these impacts, guiding you to a more favorable outcome.

License Suspension

Losing driving privileges hampers everyday activities. After a second DUI, California's DMV mandates a one-year license suspension. You might qualify for a restricted license, but conditions apply. This allows driving to and from work or DUI programs but with limitations. We can also provide representation for you at a DMV hearing.

Fines and Fees

After a second DUI conviction, the fine is at least $390. However, when considering additional penalty assessments, the total can escalate to several thousand dollars. This financial burden doesn't even include attorney fees or costs related to other penalties.

Mandatory Alcohol Education Programs

Education programs serve as both punishment and rehabilitation. After a second offense, you may need to attend DUI school for at least 18 months. This is significantly longer than first-time offender programs. The objective is to equip attendees with knowledge to prevent future DUI occurrences.

The financial aspect of these classes adds to the overall penalties of a DUI conviction. Regular attendance is crucial, or one might face further legal complications. The court monitors your progress closely.

Probation

Probation periods after a second DUI typically last from 3 to 5 years. During this time, any minor legal infractions can result in severe consequences. This might include extended jail time or stricter probation terms. Staying compliant with all probation conditions is paramount.

Ignition Interlock Device (IID) Requirements

An IID prevents your car from starting if alcohol is detected on your breath. For a second DUI offense, an IID might be mandatory. The device ensures that you remain sober while driving. This serves as both a safety measure and a constant reminder of the consequences.

While IIDs increase road safety, they also come with challenges. Regular maintenance checks and recalibrations are needed. Additionally, the driver bears the cost of installation and monthly rental. Understanding these obligations is essential for compliance.

Aggravating Factors That Increase Penalties for a Second Offense DUI in Los Angeles

Aggravating factors that increase penalties for a second offense DUI in Los Angeles

Certain circumstances can exacerbate penalties for a second DUI. These aggravating factors make cases more complex. Recognizing them early on can shape your defense strategy.

Awareness of these aggravating factors is essential. They not only heighten penalties but also alter the course of your defense. A strategic lawyer can help mitigate their impact.

The Legal Process for Second Offense DUI Cases in Los Angeles

Navigating the complex legal landscape after a second DUI requires understanding the process. Each step has its intricacies.

Remember, each DUI case is distinct. Knowing the legal process is one thing, but maneuvering it effectively requires expertise. Relying on seasoned lawyers like those at Hurwitz Law Group can be the difference between a harsh sentence and a more favorable outcome.

Potential Defenses for a Second Offense DUI in Los Angeles

Potential defenses for a second offense DUI in Los Angeles

Mounting a solid defense is your best shot at reducing penalties. And with a second offense, the defense approach becomes even more crucial.

Lack of Probable Cause for Arrest

Officers must have a valid reason for stopping you. The arrest might be deemed unlawful if they can't justify the initial stop. Successfully challenging this can lead to a dismissal.

However, proving a lack of probable cause requires expertise. An adept lawyer will review the circumstances and identify potential violations. A strong defense often begins with challenging the legitimacy of the arrest.

Challenging the Officer's Testimony

Officers' accounts heavily influence DUI cases. But they're human and can make mistakes. By cross-examining them, inconsistencies in their testimony might emerge.

Recollection errors or misunderstandings can change the course of a trial. Having a seasoned lawyer challenge the officer's account increases the chances of a positive outcome. It's about ensuring the facts presented are accurate and fair.

Challenging the Accuracy of the Test Results

Various factors can skew BAC test results. Machine malfunctions or incorrect administration can yield inaccurate readings. Furthermore, external factors like medications or specific diets can also affect results.

Thoroughly examining how tests were conducted can reveal errors. With a knowledgeable lawyer, these discrepancies can be highlighted in court. This can significantly weaken the prosecution's case.

Officer Misconduct at the Sobriety Checkpoints

Sobriety checkpoints must adhere to legal guidelines. If officers deviate from these, any evidence gathered might be rendered invalid. This includes ensuring the checkpoint's legality and respecting individuals' rights during stops.

Fighting a DUI charge based on officer misconduct requires in-depth legal knowledge. A well-versed lawyer will understand the nuances and identify any misconduct. Such defenses can be a game-changer in the courtroom.

Rising Blood Alcohol Defense

Alcohol levels rise over time as it's absorbed into the bloodstream. You could be under the limit while driving but exceed it when tested later. This defense argues that your BAC was legal while driving but increased by the time of testing.

However, this defense requires precise timing and evidence. A detailed account of alcohol consumption and activities prior to the arrest is crucial. With the right representation, this defense can be potent.

Medical Conditions or Other Factors Affecting Test Results

Certain medical conditions can skew BAC test results. Conditions like acid reflux or diabetes can produce higher alcohol readings. Even some diets or mouthwashes can affect results.

Being aware of these factors and presenting them in court requires expertise. With an experienced lawyer, these external influences can be highlighted. We might even be able to get some results tossed out.

Contact Our Knowledgeable Second Offense DUI Attorney at Hurwitz Law Group for Legal Assistance Today

Contact our knowledgeable second offense DUI attorney at Hurwitz Law Group

If you're facing a second DUI charge, time is of the essence. Hurwitz Law Group offers skilled representation tailored to your unique situation. We're committed to ensuring you get a fair trial and the best possible outcome.

Defending against a DUI charge is no small feat. But with the right team by your side, the journey becomes less daunting. Contact us today and let our experienced lawyers make a difference in your case.

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Important First Steps to Take after a DUI

Arrest

Being arrested for driving under the influence can be frightening.  Most California residents who are charged with a DUI offense are normal, upstanding, law-abiding citizens.  All it takes is a momentary lapse in judgment or an unfortunate mistake for good people to find themselves being treated as criminals.  If convicted of a DUI, individuals can face a range of serious consequences, including years of incarceration that may affect them for their entire lives.  At Hurwitz Law Group, our goal is to obtain the best possible outcome from a highly stressful situation.  Whether you have been charged with a misdemeanor or felony DUI, we will do whatever it takes to mitigate the negative consequences.  Here are the steps you need to take to get the process rolling.

Step One:  Contact Hurwitz Law Group

Following a DUI arrest, call us right away: 1-(323) 310-9677.  It is important that you fully understand the potential ramifications of a DUI conviction and that you learn what options are available to fight the charges.  You do have options that may result in a lighter penalty or possible dismissal.  So, it is important at this stage that you become as knowledgeable as possible in order to make a prudent decision regarding how to proceed. Our team at Hurwitz Law Group, led by Attorney Brian Hurwitz, has helped countless Los Angeles drivers get their licenses back and avoid stiff fines or imprisonment.  The sooner you get in touch with us, the more we can do to help you.

Step Two:  Arrange a DMV Hearing

As stated in the California Administrative Per Se Law, if you are arrested for driving under the influence, your driver’s license will be automatically suspended.  In order to appeal the suspension, you will need to arrange a hearing with the DMV.  This hearing is not a trial.  It is an opportunity to get your license reinstated prior to fighting your charges in court.  You have only ten days to schedule the Admin Per Se hearing and to prepare the arguments to be used in your defense.  Hurwitz Law Group is ready to help you prepare and plead your case in order to have your license reinstated.  Our effort on your behalf will prevent a tremendous amount of hassle and inconvenience for you.  But most importantly, it will ensure that you continue to have access to your driving privileges.  Being able to drive to and from work and around Los Angeles without issue is a benefit that we want to protect.

Step Three:  Fight the Charges

You are innocent until proven guilty.  The charges brought against you do not necessarily have to lead to a conviction.  If you believe that you have been wrongfully accused of driving under the influence, we will attack the charges with vigor on your behalf.  By challenging the

methods and procedures used to arrest you, we will make a determined effort to show that there is enough reasonable doubt in to have the charges dismissed. Hurwitz Law Group will work tirelessly on your defense in a court of law.

Step Four:  Minimize the damage

If you are found guilty of a criminal offensive, you will experience both mental and physical hardship.  Conviction can wreak havoc with your financial security while time in prison can be totally disruptive of a normal life style.  A criminal record can preclude you from many employment opportunities and can permanently affect your reputation.  At Hurwitz Law Group, we work diligently to prevent you from being convicted.  Our goal is to get a result in your case that will minimize the damage caused by a potential conviction.  We will pursue your case until we are convinced that you have received a fair outcome.  Hard work and determination is what you can expect from Hurwitz Law Group.

DUI Arrest Lawyer in Los Angeles

If you, a loved one, or friend is facing a first DUI or if you have had multiple offenses, that initial call you make to Hurwitz Law Group is crucial for the success of your DUI defense.  During that call we will listen intently as you describe the details of your arrest while they are fresh in your mind.  We want to capture your recollection of the way you were treated by the arresting officer and other facts while you are still under stress and probably on an adrenaline high.  These details will provide clues as to how we will prepare your case.

DUI Felony Los Angeles

We understand your difficult situation; we know that you are nervous and living in fear of the possible penalties you may face.  But there is no need to panic.  We are confident that we can relieve your anxiety not only by demonstrating our legal knowledge, but by conveying to you our compassion and sympathy through caring emotional support.  Our promise is to work closely with you to plan your defense.  Together we will calmly, diligently, and tirelessly address the charges against you to achieve a favorable and positive resolution of your case.

“Hiring Brian was one of the best decisions I’ve ever made, and if you are feeling scared or hopeless about your DUI, there is no doubt in my mind that he is your solution.”  Gabe Z.         

Hurwitz Law Group has many years of experience representing individuals charged with DUI and other-alcohol related charges.  Our success rate when fighting DUI charges is admirable.  In fact, our outstanding performance has led to recognition by The National Trial Lawyers and inclusion in their “Top 100” honors register.  As your defense attorneys, we will help you navigate the legal system, understand your rights, and plead for a result that will ensure that you avoid years of financial and legal struggles.  We believe that everyone deserves a fair hearing.  You can count on us to refute vigorously any and all arguments by the prosecution.

We at Hurwitz Law Group have had the privilege of advocating for individuals with charges similar to yours in courthouses all across Los Angeles County as well as Orange, San Bernardino, and Riverside Counties.  This experience in numerous courthouses is important because familiarity with the local judicial scene is crucial for success when fighting DUI charges.  Since we have been representing clients in Los Angeles and the surrounding metropolitan area for many years, we have gotten to know the people who work in these courts, from judges to district attorneys to court clerks.  We have made a conscious effort to learn how the various court officials think as they make decisions affecting our clients.  Our experience has taught us which judges are unusually strict and vice versa.   Such insight is invaluable when preparing a game plan for each client’s legal defense.  Courtroom observations by alert attorneys, such as those at Hurwitz Law Group, can be useful in countering the logic and reasoning presented by prosecutors.

As we tackle the specific allegations for which you have been charged, we will activate our entire Hurwitz Law Group team of professionals to aid in the preparation of your defense.  For example, our private investigators will search for and review video, audio, and email evidence to support our defense strategy.  Both our investigators and attorneys will interview witnesses to extract the most intricate details embedded in the circumstances of your arrest.  Each member of our team understands that cases are often won by uncovering minute details that are not likely to be found by a prosecutor who most likely is overwhelmed by a heavy case load.  Our legal team also includes paralegals and legal assistants who are indispensable to our mission of providing the best legal defense for our clients.  The paralegals and legal assistants on our team provide support to our attorneys by doing research to find previous cases with issues similar to those underlying your case.  Paralegals also prepare motions which are requests to the judge to make a decision on an aspect of a case.  A motion might be, for example, a request to dismiss your case for lack of probable cause to arrest you.

At Hurwitz Law Group, we take courtroom proceedings very seriously because it is in the courtroom that our clients come in contact with those actors who determine their future.  Thus it behooves us to educate ourselves on courtroom rules which vary by location.  There are many stated and unstated rules of conduct for attorneys and their clients.  We pride ourselves on our knowledge of courtroom practice, and we believe that such knowledge gives us a leg up when we represent you before the judge.  We know the rules of the court where your case is being heard.   Although it may sound trivial, proper courtroom behavior and etiquette may determine whether a case is won or lost.  Courtroom formalities and judges can be intimidating.  So, before setting foot in the courtroom where your case is being heard, we review general courtroom rules and those rules peculiar to your assigned court.  For example, it is important to arrive on time and to be well prepared.  We have all read about judges who become irate when the accused individual does not show up in court at the appointed time.  Judges even have dress codes for their courtrooms that must be adhered to.  This point was vividly portrayed in the well-known comedy, “My Cousin Vinny,” when the defense attorney, Vinny, did not appear in proper attire.  At Hurwitz Law Group, we carefully prepare our clients to ensure that they do not make common courtroom mistakes.

Finally, we take pride in our constant efforts to communicate with our clients.  We are available at all times including nights and weekends.  Never does a phone call, email, text, or letter go unanswered.  When we communicate with clients, we listen intently for small details that might give us an edge when we present their case at the DMV hearing and in court.

“During the time he represented me, he (Brian Hurwitz) always kept me informed on the status of my case.  I was able to reach Brian late at night and weekends when I had questions.”  Ivy G.

“He (Brian) really cares about your issue, will answer your questions and give you as much info as you need and some that you didn’t know you needed.   He takes the time to work with you, listen to your problems, and offer potential solutions.”  John R.

“My phone calls and text messages were responded in reasonable timing, everyone hates unanswered phone call and that was NOT the case with Brian.”  Karina A.

Background Information for DUI Arrestees

Driving under the influence (DUI) is among the most common charges in Los Angeles and its surrounding counties.  Conviction on such charges can have long-lasting, debilitating effects on your life.  During a recent ten-year period, over 10,000 individuals were killed each year in car accidents involving drunk drivers.  Every one of those 10,000 people has parents, children, and friends who were left to suffer.  So many dreams for the future were also ruined because of these alcohol-related accidents.  The loss of human life due to drunk driving has led to strict penalties in California for DUI offenders.  Many laws have been passed to discourage driving while intoxicated.  Because driving under the influence of drugs and alcohol is one of the major causes of traffic accidents in California, the state has invested heavily in both personnel and technology to arrest impaired drivers.  Police officers are a visible presence on Los Angeles area roads and streets, 24 hours a day, as they search for drivers operating vehicles while under the influence.  You have come to Hurwitz Law Group because an officer determined that there was probable cause, that is, reasonable grounds to press DUI charges against you.  After listening carefully to your description of your arrest, our team will start your defense by examining if, in fact, the officer did have probable cause to stop you.  This step includes the study of the police report and the results of any field sobriety tests you may have agreed to take.

As we proceed with your defense, you will come to realize that DUI cases are not straight forward applications of the law.  They are complex and require much creative thinking to develop a winning strategy.  But no matter how bleak your situation may have seemed to you when you were arrested, Hurwitz Law Group has the skill to calm your nerves as we cull the evidence in search of a winning approach for your defense.  We scour each piece of evidence presented by the prosecutor in search of weaknesses in their arguments.  Where appropriate we will draw upon our team of experts in field sobriety testing and other scientific areas to bolster our client’s case.  Such expertise and experience provide the ammunition needed to attack any arguments offered by the prosecution.  Our strength at Hurwitz Law Group is in pinpointing procedural weaknesses and vulnerabilities in the District Attorney’s case against our client.  That is why we have an outstanding success rate that has led to our inclusion in the National Trial Lawyer’s “Top100” honors register.

“During drunk night, I managed to get in some serious trouble with the law . . . facing jail time and a felony charge.  Brian exhausted all effort and knowledge to drop my charges down to a misdemeanor with no jail time.  He is an expert at criminal law and demonstrated it in court against a hard DA.”   Bobby S.

How California DUI Is Defined and Measured

By the time you call Hurwitz Law Group, you are familiar with the meaning of Driving Under the Influence (DUI).  You have already been accused of driving with a Blood Alcohol Concentration (BAC) of .08% or higher if you are 21 years of age or older and driving a regular passenger car.  If you were driving a commercial vehicle, you were arrested because the officer claimed that you had a BAC of .04% or higher.  Finally, if you are under age 21, you face a zero tolerance standard, meaning that you were considered to be a drunk driver because your BAC was above .01%.  Field sobriety tests were administered to you at the location where you were stopped unless you refused to take them.  It is important to understand the purpose of each test and how it was administered at the scene of your arrest.  Arresting officers often make mistakes during the testing procedure, and these mistakes can become major positive factors for your defense when your case is presented in court.  We at Hurwitz Law Group are trained to spot the mistakes that are made as you describe to us the details of your arrest.  We will also ascertain from talking to you if you have certain medical conditions that may have affected the results of the field sobriety tests you took.  So let’s look at the three tests used to determine whether a driver is operating a vehicle while intoxicated.  These three tests have been approved by the National Highway Traffic Safety Administration.

  1. Standing on one leg This test requires the driver to get out of the car, raise one foot, and hold that position for thirty seconds.  While the leg is raised, the officer will make several observations.  Does the driver lower the leg in less than thirty seconds?  Does the driver move about to maintain balance? Does the driver bend or lean in order to keep the leg raised?  It is easy to see that people could have many reasons to fail this test.  The officer is supposed to inquire about and record factors that might interfere, but often under duress drivers forget to tell such factors.  This is where we will find clues to use as we rebut the prosecutor’s arguments.
  2. Horizontal Gaze Nystagmus (HGN):  The term HGN refers to the quick movement (or jerking) of the eye back and forth by the driver when instructed to follow an object held by the arresting officer.  The officer is trained to use a rather complicated set of procedures when administering this test.  The specific steps will not be discussed here.  What is important for the preparation of a successful defense is to recognize that the instructions taught to law enforcement officers are very often not followed to the letter during an arrest.  This failure to properly administer the test opens up a valuable pool of possible ways to undermine the district attorney’s case.  We at Hurwitz Law Group have successfully challenged many DUI charges using our knowledge and experience with the HGN to secure DUI dismissals.
  3. Walk-and-Turn Test: This test requires that the suspected drunk driver walk nine steps, heel to toe, along a straight line.  The driver is then asked to turn around on one foot and return to the original starting point.  During the walk and turn the officer looks for a number of indicators of impairment.  These indicators include losing balance, stopping, taking too many or too few steps, turning incorrectly, and stepping off of the line.  Here again, we will ask you how the test was administered in order to determine if the officer followed the proper procedure.  Your recollection will provide the clues for us to use when we face the officer at your DMV hearing or in court.

It is possible that you were asked to take tests other than those described above.  You may also have refused to take these tests.  We will discuss below the consequences of test refusal.  But here we want to review another set of tests that are used to determine drunk driving.  These are referred to as chemical tests and include breath, blood, and urine.  If you are asked by your arresting officer to take a chemical test you cannot refuse unless you are prepared to have your license suspended.  You do, however, have a choice between taking a breath or blood test.  The only exception is if the officer suspects that you may have a combination of alcohol and drugs in your system.  These tests are given in a police station, jail, or hospital.  Here again, these tests must be administered properly, equipment must be maintained in accordance with manufacturers specifications, and it must be correctly and regularly calibrated.  So there are many avenues available for us to challenge the chemical tests.  We have experts on our Hurwitz Law Group team who have successfully countered chemical test results, and we are ready to do so in your case if we suspect an irregularity in procedures used during your arrest.

 Be Concerned, But Not Panicked, Over Your DUI Arrest

We have already drawn your attention to the fact that a DUI conviction will have serious consequences for your future.  Here we want to elaborate of those consequences.  Our purpose is not to scare you, but we want to impress upon you the urgent need to contact/call Hurwitz Law Group as soon as you have been charged with a DUI.  Following is a list on some of the devastating effects a DUI conviction can have on your life.

  1. Confiscation or suspension of your driver’s license,
  2. Hefty fines and financial penalties,
  3. Loss of your right to drive due to point accumulation (DUI is a two-point offense, remaining on your record for ten years),
  4. Increased insurance premiums or cancellation of coverage,
  5. Inability to rent a car (in some cases),
  6. Loss of scholarship opportunities,
  7. Denial of entry into some countries, including Mexico and Canada,
  8. Trouble obtaining a pilot’s license,
  9. Difficulty maintaining or renewing your driver’s license,
  10. Problems purchasing a firearm,
  11. Complications obtaining custody rights.

A glance at the above list suggests that what may appear to be a simple DUI case may, in fact, turn out to be a major problem in the future.  Brian Hurwitz grasps the serious implications of your DUI charge and is prepared to confront them with forceful intensity.  He draws upon the vast experience and resources of Hurwitz Law Group to steer you through the very complicated DUI laws.  We are confident that we can eliminate your need to worry by focusing on a positive, results-oriented defense.

The Hurwitz Law Group Commitment to You

When you put your trust in our hands, we promise to:

  1. Protect your driving privileges by preventing the DMV from revoking your driver’s license,
  2. Develop a winning legal strategy to get charges against you dropped or to reach a not guilty verdict at trial,
  3. Use the trust we have earned in Los Angeles area courts to represent you with confidence,
  4. Handle your entire case by attending every court appointment to give you peace of mind,
  5. Apply our thorough knowledge of DUI law to identify procedural weaknesses and flaws in the district attorney’s arguments against you,
  6. Plead your case forcefully to prevent points from being placed on your driver’s record,
  7. Fight for dismissal of all charges by preparing an aggressive defense,
  8. Contest any adverse immigration consequences resulting from DUI charges against you,
  9. Utilize our resources to boost your defense by retaining relevant experts and specialists to counter the charges against you including doctors, accident reconstruction experts, toxicologists, private investigators, and other consultants when needed.

Hurwitz Law Group is committed to providing exceptional service for our clients.  You can rest assured that we will do everything possible to resolve your DUI case with a positive result.  We pride ourselves on our high success rate in the complicated field of DUI law.  Using our expertise and experience, we will devote tireless energy as we advocate in your defense.

“Highly recommend Mr. Hurwitz.  He’s good at what he does and takes care of everything if you have a busy schedule.  He helped me out of a DUI where I had to pay thousands and minimized it to only 2 days of community service and a small court fee . . . was driving in a couple of months.  2 thumbs up!”  Jose c.

DUI Laws, Penalties, and Restrictions Explained

Our goal at Hurwitz Law Group is to secure for our clients the least possible penalty as we argue on their behalf in the courtrooms of Los Angeles and surrounding counties.  But one of the first questions asked by potential clients is, “What penalties am I facing and, with your help, what is the best outcome I can expect?”  Of course, we strive for complete dismissal of all charges.  But often we must accept a negotiated settlement with minimum penalties to avoid jail time or large fines.  So it is important to understand the penalties associated with the various DUI charges.  Penalties for DUI offenses depend on age, license type, and previous convictions.  They vary from required attendance at DUI school to lengthy jail time.  In the following pages, we will outline some of the key points clients need to know about the penalties for specific DUI offenses.

Admin per se Penalties:  In DUI cases, penalties are immediate.  When you are pulled over for suspicion that you may be driving while intoxicated, your license will be confiscated on the spot.  The officer will give you a temporary license good for 30 days.  All that is necessary for seizing your license is the arresting officer’s belief that you were driving with a BAC of .08% or higher.  Your license will also be suspended immediately if you refuse to take a chemical test when arrested.  Above, Under Step 2 of the section entitled “Important First Steps to Take after a DUI Arrest,” we have explained the urgency of scheduling an Admin Per Se hearing within ten days of your arrest.  Here we will explain the penalties which can be ordered by the DMV following a DUI arrest.

DMV penalties differ according to various circumstances, including number of previous DUIs, refusing to submit to a blood or breath test, age of the driver, etc.  For a first time DUI offender, the Admin Per Se Law directs the DMV to suspend the license, for four months, of a person arrested for driving with a BAC of .08% or higher.  During the ten day period after your arrest, you schedule that all-important DMV hearing described earlier.  This is the time that you sit down with Brian Hurwitz and his team at Hurwitz Law Group to plan your argument to fight the suspension.  There are many arguments that can be used at this stage of your DUI case and we will review them to determine the best ones to use.  Remember, though, that the DMV hearing is not your trial, but it is important because it provides an opportunity for your defense team to request the appearance of your arresting officer.  By questioning the officer, we will get an idea of his or her recollection of the specifics of your arrest.  Having such information on record will allow us to compare the officer’s statements at the hearing with his or her statements at trial.  We will focus on challenging the officer’s claim that there was probable cause to stop you in the first place.  We will also question the procedures used in the field sobriety tests administered at the arrest site.  The purpose of the Admin Per Se hearing is, of course, only to fight the license suspension.

The DMV has the authority to suspend the license for one year if a first time offender refuses to take a chemical test.  The penalties for second and third offenders are two and three years respectively.

Los Angeles Sealing Criminal Record Attorney

When a person is arrested for a crime they didn’t commit, this will undoubtedly lead to long-term consequences. Even when the person is found not guilty, a wrongful arrest can limit employment opportunities and bring about other undesired repercussions. Fortunately, under California Penal Code 851.8 PC, residents can follow a process that allows them to have their arrest records sealed. Let’s take a closer look at what it means to seal an arrest record.

Understanding the Arrest Process in California

Before getting into who is eligible to have their records sealed, it is important to understand how the arrest process works. When a person is arrested for a crime, they may or may not be charged with the actual criminal offense. For example, if a person is arrested because she was at the scene during a time period in which her friend was arrested and charged with shoplifting, yet there is no evidence to indicate the person knew about the crime, then she may be released without being charged with a crime. Still yet, though, the arrest will be on her record. There are many types of arrests that can be removed from your record if you understand the proper way to go about having your record sealed.

Who Is Eligible to Have Their Arrest Record Sealed in California?

Under PC 851.8, you can have your arrest record sealed and destroyed if you were arrested and criminal charges were never filed against you. In the event that you were charged with a criminal offense but your case was dismissed in court without conviction, then you may be eligible to have your record sealed. Also, if you were acquitted by a jury, you may be eligible for the record to be sealed.

Deadline for Record Expungement

If you want to have your arrest record sealed, it is imperative to understand that you have deadlines you must abide by. If you do not meet these deadlines, there is a good chance that you will not be able to have your record sealed. In most cases, you have a two year limit following the date of your arrest or the filing of the accusatory pleading to file for your record to be sealed.

What Is the Process of Having Your Arrest Record Sealed in Los Angeles California?

The length of time that it takes to have your arrest record sealed is about 90 days. The county that you live in will determine whether or not you need to appear in court to have your record sealed. You will need to contact the Circuit Clerk’s office to determine whether or not you have to appear in court. In some instances, your attorney may be able to appear for you. Because there is much paperwork involved in having your record sealed, it is recommended that you contact a law firm that concentrates in sealing criminal records and let a practiced expungement lawyer handle the process for you.

Los Angeles Drug Trafficking Attorney

Contact the Hurwitz Law Group in Los Angeles today if you’ve been arrested for drug trafficking. One of our attorneys will meet you to review the charges you’re facing and any elements of your case that may work in your favor. We have a solid reputation of successful cases thanks to our tenacious dedication to protecting our clients’ rights.

Drug trafficking has been a major issue in California for decades due to the consistent influx of drugs from across the borders of Mexico and Canada as well as the many ports in the state. A drug trafficking charge can lead to imprisonment and other significant penalties, so it’s crucial for Californians to understand the definition of drug trafficking in the eyes of the law.

Different Types Of Drug Trafficking Offenses

California Health and Safety Code 11352 pertains to drug trafficking and defines the practice as any activity that involves the transportation of narcotics or controlled substances into, within, or through the state of California for the purposes of sale. Trafficking any Schedule III, IV, or V controlled substance will lead to a sentence of up to five years in prison and up to $20,000 in fines. Transporting any such controlled substance without a legitimate prescription within the state from one noncontiguous county to another will incur a punishment of up to nine years in prison. Other violations that can lead to drug trafficking charges can include:

Drug trafficking charges are subject to state as well as federal penalties, and federal law dictates different punishments for different drugs. Larger quantities of illegal drugs will lead to more significant financial penalties and longer prison sentences. For example, even a first-time offense of trafficking between 500 and 4,999 grams of cocaine can result in up to 40 years to life imprisonment and $5 million in fines. State penalties for drug trafficking can include up to five years in prison and up to $20,000 in fines, and trafficking with intent to sell will lead to imprisonment for up to nine years and up to $20,000 in fines.

Both state and federal prosecutors will issue harsher sentences if the drug trafficking activity involved any bodily injury to anyone and will severely punish individuals who furnish illegal drugs to minors, incapacitated individuals, or anyone institutionalized for psychological treatment.

Defending Against Drug Trafficking Charges

It’s difficult to defeat a drug trafficking charge, especially if the police arrested you with a large amount of cash or other supplies related to the distribution of illegal drugs. However, some drug trafficking charges result from mistaken identity, miscommunication, or unlawful violations of Californians’ rights. When these situations occur, a person facing drug trafficking charges needs a reliable Los Angeles drug trafficking lawyer to fight for reduced or dismissed charges when possible.

In some cases, a judge may suspend a sentence for drug trafficking charges if it is a first-time offense that occurred due to ignorance. For example, marijuana is legal for personal consumption in California. A person who possesses legal marijuana plants and moves to a new home could face a wrongful arrest for drug trafficking when he or she was simply moving his or her legal personal property to a new home. Some people may need to prove they possess valid prescriptions for other controlled substances such as benzodiazepines, stimulants, or opioid-based pain medications. Depending on the details of the situation, there are many possible defenses to a drug trafficking charge.

In Los Angeles, a first-offense DUI charge can be intimidating, especially if you're unfamiliar with the legal process. The stakes are high, with potential penalties that could impact your personal and professional life. Hurwitz Law Group understands the gravity of the situation and the concerns that come with it. We're here to provide the guidance and representation you need during this challenging time.

If you have been charged with a DUI, reach out to our Los Angeles DUI lawyer for help. Our DUI defense lawyer can review your case and ensure your voice is heard. Our DUI lawyers have a significant amount of experience with DUI cases. Learn more about DUI cases below. Then, give us a call to schedule a consultation with our DUI defense attorney.

How Our Los Angeles First Offense DUI Lawyer Can Help When You're Accused of Driving Drunk

How our Los Angeles first offense DUI lawyer can help when youre accused of drunk driving

When faced with a DUI charge, you need an attorney who understands the nuances of the law. Our team at Hurwitz Law Group is equipped to offer you that expertise.

Some of the ways a criminal defense attorney from our team can help you include:

With Hurwitz Law Group representing you, you gain more than just legal counsel. You gain an advocate fiercely dedicated to defending your rights and protecting your future. We stand by your side every step of the way.

What You Need To Know About California DUI Laws

California takes drunk driving seriously, imposing strict penalties on offenders. The state categorizes DUI offenses based on the number of past violations and the circumstances surrounding the arrest. A first-time DUI can lead to hefty fines, mandatory educational courses, and even jail time. Understanding the laws is essential for anyone facing these charges.

Understanding First Offense DUI in Los Angeles

Understanding first offense DUI in Los Angeles

At its core, a first-offense DUI in Los Angeles means driving with a Blood Alcohol Concentration (BAC) above the legal limit. However, it's more than just a number. Factors like the manner of driving, location, and presence of minors in the vehicle can all affect the charges and penalties. It's crucial to know what you're up against.

Legal Blood Alcohol Concentration (BAC) Limits

California's legal BAC limit for drivers 21 and over is 0.08%. This percentage represents the amount of alcohol in one's bloodstream. Driving with a BAC above this threshold is deemed unlawful, leading to a DUI charge.

However, the limit is stricter for certain groups. Commercial drivers face a limit of 0.04%, and drivers under 21 have a zero-tolerance policy, with a limit of 0.01%. This underscores California's commitment to road safety, especially when young or professional drivers are involved.

Penalties of a First Offense DUI Conviction

For a first-offense DUI conviction in Los Angeles, penalties can be wide-ranging. Fines typically range from $390 to $1,000, but the total can be much higher with added assessments. This doesn't include potential restitution to victims if property damage or injury occurred.

Apart from financial consequences, offenders may face jail time as well. However, judges often opt for probation instead of jail for first-time offenders. Probation can last for multiple years and may come with conditions like attending DUI school or performing community service.

The Significance of a First Offense Compared To Subsequent Offenses

A first-offense DUI is treated more leniently than subsequent offenses. While still severe, the penalties for a first-time offense are generally less harsh than for second or third offenses. With each subsequent DUI charge within ten years, the penalties increase, including longer jail sentences, higher fines, and extended license suspensions.

DUI 1st Offense Cases Involving Aggravating Circumstances

While a standard first-offense DUI is serious, the presence of aggravating circumstances can heighten the charges and penalties. Aggravating circumstances can include factors like excessive speed, having a minor in the vehicle, or causing bodily harm while driving under the influence.

Such factors not only elevate the severity of the offense but also the potential consequences. Depending on the specifics, a case that might otherwise be treated as a misdemeanor DUI could escalate to a felony charge. This change carries heavier penalties and long-lasting impacts on one's criminal record.

Penalty for 1st Offense DUI With Injury (Misdemeanor)

The penalties intensify if a first-offense DUI results in injury but is still categorized as a misdemeanor. Fines are much higher, depending on the severity of the injuries and the circumstances. The offender may also face jail time for up to a year.

Furthermore, restitution to the injured parties is mandatory. The driver might also be required to attend a longer DUI educational program. The exact penalties depend on the case's specific facts and the court's discretion.

Penalty for 1st Offense DUI With Injury (Felony)

If the injuries from a DUI accident are particularly severe or if there were other significant aggravating factors, the charge might be elevated to a felony. Felony DUI with injury comes with steeper penalties, including state prison sentences ranging from 16 months to 16 years.

Fines can also be substantially higher. As with misdemeanor DUI with injury, restitution to victims is obligatory. A felony conviction can have enduring repercussions, including challenges in securing employment and the potential loss of certain civil rights.

Driver's License Suspension in a Los Angeles DUI Case

Drivers license suspension in a Los Angeles DUI case

One of the immediate repercussions of a DUI arrest in Los Angeles is the potential suspension of your driver's license. This action can significantly disrupt your daily life, making tasks like commuting to work or picking up your kids from school challenging.

The California Department of Motor Vehicles (DMV) is in charge of license suspensions separate from the criminal court process. Even if you aren't convicted in criminal court, you might still face a license suspension through the DMV. Fighting for your driving privileges requires a proactive approach, beginning with a timely request for a DMV hearing.

The DMV's 10-Day Rule and APS Hearing

After a DUI arrest in Los Angeles, you have just ten days to request an Administrative Per Se (APS) hearing from the DMV. This hearing is your opportunity to challenge the suspension. Your license will automatically be suspended if you do not request a hearing within the 10-day window.

DUI Evidence That the Prosecution Might Use Against You

In a DUI case, the prosecution relies on various forms of evidence to prove their case. This might include the results from breathalyzer or blood tests, observations made by the arresting officer, and any admissions or statements you made at the time of arrest.

Dashcam or bodycam footage can also play a crucial role, as can testimonies from witnesses or other involved parties. However, with the right legal strategy, many of these pieces of evidence can be challenged or dismissed, weakening the prosecution's case.

What To Do After a First DUI Offense Arrest in Los Angeles

What to do after a first DUI offense arrest in Los Angeles

After a DUI arrest, the situation can feel overwhelming. But some of the steps you need to take include:

  1. Stay Calm and Compliant: Resisting arrest or arguing with law enforcement can complicate your case. Always remain calm and follow the officer's instructions.
  2. Exercise Your Right to Remain Silent: Keep in mind that what you say can be used against you. Do not answer questions until you have your attorney present.
  3. Document Everything: As soon as possible, write down everything you remember about the arrest, including the events leading up to it. This account can be invaluable for your defense.
  4. Contact a DUI Attorney: Seek legal representation immediately. An experienced DUI lawyer can act as your guide through the legal maze, advocating for your rights.
  5. Request a DMV Hearing: Remember the 10-day rule. Ensure you request a DMV hearing to challenge the suspension of your license.

With the right legal support and action, you can navigate the challenges ahead and work towards a favorable outcome.

The Legal Process for First Offense DUI Cases in Los Angeles

Negotiating Plea Bargains and Alternative Sentencing Options

Plea bargains can be a viable route for those facing DUI charges. These negotiations between your attorney and the prosecutor can result in reduced charges or lighter penalties in exchange for a guilty plea. The specifics depend on the details of the case and the strength of the evidence against you.

Possible Defenses Against First Offense DUI Charges

Facing a DUI charge doesn't mean you're out of options. Several defenses can be employed to challenge the prosecution's case.

Get Help From Our Experienced Los Angeles DUI Attorney | Call Hurwitz Law Group Today!

Get help from our experienced Los Angeles DUI attorney

If you or a loved one faces a first-time DUI charge in Los Angeles, the stakes are high, but you're not alone. Hurwitz Law Group stands ready to provide the aggressive and skilled representation you deserve. Our experienced DUI attorney in Los Angeles County can advocate for you.

With a deep understanding of California's DUI laws and a commitment to our clients, we fight tirelessly for your rights, aiming for reduced charges, lighter penalties, or even dismissal. When the road ahead looks uncertain, trust in Hurwitz Law Group to illuminate the path to justice. Call us today to discuss your case with our top-notch criminal defense lawyer.

Other DUI Posts:

Los Angeles Prostitution Lawyer

The constitution protects the people’s right to privacy. This protection extends to the way citizens conduct their daily lives. And a violation of this right results in a legal claim. However, this right is not absolute since the law prohibits acts that, although done privately, damages society because of being immoral. Prostitution is an immoral act that the law prohibits. Any form of prostitution, whether you are the one paying, soliciting, or being paid for a sexual act, the law forbids.

A person is a sex offender if they are involved in these acts. California law explicitly provides the acts where you may be found liable as a sex offender. Since immoral sexual conduct damages public morals, these offenders need to regain their moral compass and reintegrate into society as productive members.

There may be cases when persons are wrongfully accused of engaging in prostitution. False allegations may diminish the reputation of persons, which we aim to safeguard at Hurwitz Law Group. A Los Angeles Criminal Defense Attorney will protect your rights and prove your defenses. It is a defense attorney’s job to ensure the removal of prostitution conviction from your criminal records if you are proved innocent.

An experienced criminal defense lawyer is what you need not only to protect your rights but also to clear your name from the general public. Contact Hurwitz Law Group now for a free consultation regarding your prostitution charge.

Prostitution Laws in Los Angeles, California

California law enumerates persons who are guilty of disorderly conduct or misdemeanor. Prostitution is defined under the California Penal Code as “any lewd acts between persons for money or other consideration.” Prostitution is different from the crime of Pimping. This crime is committed when a person acts as an intermediary for someone who wishes to engage in prostitution.

 Section 647, paragraph (b) of the California Penal Code provides that an individual who solicits or engages in any act of prostitution with the intent to receive money, compensation, or anything of value from another person, is engaged in prostitution.

Engaging in the Act Prostitution in California

Engaging in prostitution is a violation of the law. This involves paying money, compensation, or anything of value in exchange for sexual intercourse. For example, suppose a certain John Doe who seeks sexual gratification pays a woman money to have sex with him. In that case, that is engaging in prostitution.

Soliciting an Act of Prostitution in California

Soliciting prostitution is punishable by law. A person encouraging or forcing someone to have sex with another as a prostitute and be paid money, compensation, or anything of value solicits an act of prostitution. The one soliciting can be a third person or the one asking to be paid in exchange for sex. For example, suppose John Doe is looking around asking other people to have sex with him in exchange for payment of money. In that case, that mere act is already soliciting an act of prostitution. It is thus punishable under California Penal Code.

Agreeing to Engage in the Act of Prostitution

A person who agrees to receive money, compensation, or anything of value in exchange for sexual conduct is also guilty of prostitution. To be considered prostitution, there has to be consent to engage in sexual conduct or other lewd acts from the person receiving the money or other forms of compensation. John Doe now finds a woman who receives the money from John Doe and decides to have sexual intercourse with him. That in itself constitutes agreeing to engage in the act of prostitution. The woman who received the money and agreed to engage in sexual conduct has committed the misdemeanor act of agreeing to engage in the act of prostitution.

To simplify, if you agree to receive money in exchange for sexual conduct, you are guilty of prostitution. The person encouraging another person to engage in sexual acts with another and the person agreeing to do so are also guilty of prostitution.

Heftier penalties await those who solicit or engage the services of minors or those under 18 years of age. This crime involves moral turpitude, which disables those guilty of prostitution to manage their property and exercise parental authority.

Legal Penalties for Prostitution in Los Angeles

Conviction because of misdemeanor warrants severe penalties. These penalties range from fines to jail time, based on the criminal court’s ruling. The frequency of conviction of the defendant will also be the basis for the severity of criminal penalties. The following are the possible penalties for prostitution:

  1. For the first prostitution offense: A minimum jail sentence of up to six months a Los Angeles county jail and a fine of up to $1,000;
  2. For the subsequent prostitution conviction: Total jail time of 45 days to 90 days (mandatory).

There are other instances when there could be additional penalties when found guilty of prostitution. When the person accused is caught in the act of soliciting, engaging, or agreeing to engage in prostitution inside a vehicle owned by the defendant, then the vehicle could be confiscated and the person’s driver’s license suspended.

There are also other prostitution-related crimes that people should be aware of to prevent themselves from being victims of such acts. Citizens should know that they also have the responsibility of clearing their names and have the impression of being morally upright members of society. These penalties serve as a deterrent for law violators that corrupt public morals.

To learn more about the provisions of law relating to prostitution, you may contact the Hurwitz Law Group and inquire about how we can help you or someone you know who is charged with a sex crime or other prostitution-related crime.

Common Defenses Against Prostitution Charges

One can avoid prostitution conviction by sufficiently alleging legal defenses in court. It is important to remember the elements of prostitution, such as the act of engaging, soliciting, or agreeing to engage coupled with the payment of money, compensation, or anything of value. While a person may agree to engage in sexual conduct with another, this does not always mean there is prostitution.

The following are some of the legal defenses that a person accused of prostitution may allege:

  1. Insufficient evidence. There is reasonable doubt on the guilt of the defendant in committing prostitution;
  2. The money paid was merely for the financial support of the other person. And that the sexual act is merely incidental;
  3. The defendant engaged the person’s services in a massage parlor that operates legally.

A person charged may allege other defenses during the criminal proceedings. Consult a criminal defense lawyer to know more about how you can defend your rights.

Collateral Consequences of Prostitution Charges in Los Angeles

One may escape hefty fines, jail time, and other severe penalties. However, the possibility of being punished does not end there. There are consequences of just being merely charged with a sex crime. Being labeled as a sex offender poses more disadvantages and can create instability in one’s life or career.

Thus, there are collateral consequences when being charged in a prostitution case. When proven guilty of prostitution, this can take many opportunities from you, which could dramatically change your life forever.

As for your criminal record, there exists a label on your name as a sex offender. Being guilty of a sex crime affects your reputation, detrimental to your work or academic life. It is less likely for you to be accepted in a workplace of your choice. There is also less probability of admission to your dream university.

Despite having insufficient evidence to prove your guilt beyond a reasonable doubt, the community and others who may not know you could already have a presumption of your guilt. Being charged with a sex crime is never easy, and it takes effort for that person to clear his name and live an honorable life in the eyes of others.

Pieces of Evidence That Can Be Used Against You

When facing criminal charges for prostitution, it is important to know the evidence that will be used to establish your guilt. It is not enough that there was sexual intercourse or lewd conduct. Prostitution or solicitation requires that the accused exchange money for sexual intercourse without which the other person would not have agreed.

The exchange of money inside a motel could establish the specific intent of agreeing to engage in prostitution. They can do money exchange inside the private residence or vehicle of the accused. An experienced Los Angeles prostitution attorney will help you dispute the pieces of evidence used against you. Call us at Hurwitz Law Group to know more about your legal options.

Choosing Hurwitz Law Group for Your Prostitution Charges Is Your Best Choice

Hurwitz Law Group is a criminal defense law firm experienced in defending the rights of people wrongfully charged and detained in the Los Angeles County Jail. Other clients that we represent are those whose rights are violated during their criminal proceedings. Hurwitz law office is based in Los Angeles, California where we practice law and cater to clients under the jurisdiction of the California Penal Code.

Knowledge of the law is vital towards arriving at favorable decisions in prostitution cases. Here are the reasons why Hurwitz Law Group is the law firm for you:

Contact an experienced Los Angeles prostitution lawyer from Hurwitz Law Group now! There is no perfect time to defend your rights than now.

Facing Prostitution Charges in Los Angeles? Talk to Our Los Angeles Prostitution Attorney ASAP

Our Los Angeles prostitution attorneys will help you go through the legal processes. Our Los Angeles prostitution lawyers will assist you in gathering evidence. We will represent you in criminal court and bring you the justice you deserve. If you have been charged with prostitution in Los Angeles, give us a call. We’ll make sure that you will fully understand your case and how you can assert your rights.

A prostitution charge is not a prostitution conviction. There are still processes to follow that people charged with crimes should know. Contact us now for a free consultation at (323)287-9849 and receive the legal advice you need. Our criminal defense attorneys will answer all your questions about your case. And we’ll make sure that you are fully informed.

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