Pasadena DUI Attorneys

Being arrested for a driving under the influence in Pasadena is the first step in the process that begins both a criminal case in court and a DMV administrative hearing. Since the DUI process involves two separate proceedings the process can be extremely difficult for anyone who goes it alone. Because the process can be so complex it is highly recommended to consult with a skilled Pasadena DUI attorney.

Law enforcement officers implement various methods to conduct DUI investigations and checkpoints have become more prominent throughout Pasadena. Checkpoints allow police to conduct hundreds of investigations in a matter of a few hours which often leads to many arrests for DUI. Although checkpoints allow police to conduct numerous investigations in a short time these checkpoints must follow the instructions handed down by the Supreme Court of California. Should a checkpoint fail to follow those instructions, any arrests made as a result may be thrown out.

When police request that a DUI suspect submit to testing many drivers do not know that refusing this request is actually against the law. Refusing to submit to DUI testing will result in more serious penalties and will result in the loss of a driver’s ability to drive for at least one year. In many cases a driver may have various defenses to a refusal allegation which can be brought up with the courts and the DMV by a skilled Pasadena DUI attorney.

The penalties from a DUI conviction will often correlate to the individual circumstances surrounding the case. Many of the factors that are considered by the court and prosecutors in Pasadena are: the number of previous DUI convictions, if the driver refused testing, the level of alcohol in the driver’s system, and whether injuries resulted from a car crash. Some of the penalties that are required by law are fines, custody time, and alcohol classes.

A DUI that results in injuries to another party is a crime that is taken extremely seriously. Law enforcement and prosecutors in almost all cases move forward with these cases as felonies. If convicted of driving under the influence with injuries, the penalties will likely include a sentence to jail or prison and payment to the victim for the losses that resulted. Additionally, a conviction of driving under the influence with injury will also lead to a suspended license of at a minimum of one year as well as other penalties required by law.

Killing someone while driving under the influence is an extremely serious felony charge which exposes a person convicted to substantial amounts of time in state prison. A charge of vehicular manslaughter can result from being under the influence of any intoxicating substance which can include both alcohol and/or drugs. These types of offenses are prosecuted very forcefully and judges punish a conviction for this offense very severely. Anyone accused of a vehicular manslaughter should contact a seasoned Pasadena DUI lawyer as soon as possible.

There are situations in which a driver who kills someone as a result of driving under the influence can be charged with murder. When a driver is informed of the dangers of driving under the influence and does so anyways and this driving conduct results in a death, the murder charge that results is commonly referred to as a Watson Murder. Those who are convicted of a Watson Murder can serve a sentence in the California State Prison System for a period of fifteen years to life in prison.

Pasadena being a prominent destination for tourism hosts many out of state visitors which can often lead to driving under the influence arrests of those visiting. DUI convictions or DMV actions taken in California impact one’s ability to drive in their home state. In many cases by retaining a skilled Pasadena DUI attorney, a defendant will never have to set foot inside a courtroom and can return home knowing that the case will be handled properly.

Law enforcement is able to determine a suspect’s blood alcohol concentration (BAC) through testing either the blood or breath of a suspect. If police determine that someone was operating a motor vehicle with a BAC level over 0.08 percent they will be arrested for a DUI. If convicted of a driving under the influence, the penalties that can result include alcohol classes, fines, jail, probation, and community service which are all in addition to any license suspension imposed by the DMV.

A DUI conviction can result from driving while under the influence of drugs as opposed to alcohol. Drugs that are included are illicit drugs like meth, cocaine, heroin, ecstasy, and marijuana and even prescription drugs. There are currently no recognized tests that detect drugs in a driver’s system other than blood tests which is why law enforcement in Pasadena request a sample of driver’s blood for testing.

Police officers often ask drivers to complete a series of roadside tests during a DUI investigation. These tests that the officers ask drivers to perform are completely voluntary and poor performance on these tests can result from numerous innocent circumstances unrelated to intoxication. Some of the reasons for poor performance can include external factors such as climate and road conditions as well as factors such as medical conditions. However, poor performance on these tests no matter what the reason may negatively influence an officer’s opinion.

During the investigation of a DUI in Pasadena, police look for symptoms on a driver that they associate with intoxication. Some of the symptoms that law enforcement focus on include: impaired speech, odor of alcohol, bloodshot eyes, and impaired ability to walk. Officers will also take other factors into account such as the way that they were driving the vehicle before the stop and the number of vehicle code violation that are observed. These “symptoms” that law enforcement officers look for may have numerous other causes that are not related to being under the influence. Armed with a skilled Pasadena DUI lawyer a defendant will be able to challenge many of these alleged symptoms observed by law enforcement.

If a driver is suspected of driving under the influence in Pasadena, law enforcement will request them to submit to chemical testing which will be either a breath test or a blood test. Usually, law enforcement during the investigation will have a suspect blow into a hand-held machine that detects alcohol as a preliminary test. Should a driver be subsequently arrested they will then be taken to the station and given the opportunity to provide a breath test in the Breathalyzer machine. This test provides law enforcement and prosecutors critical evidence to prove that a driver was above the legal limit.

After a driver is subsequently arrested on a driving under the influence in Pasadena, law enforcement will request chemical testing of either blood or breath. If the DUI is for drugs then the only test that is available to drivers is the blood test which will require drawing a driver’s blood so that it can be sent out for laboratory testing.

As part of a DUI investigation in Pasadena, officers routinely ask drivers to voluntarily provide a breath sample on a hand-held device used to detect blood alcohol concentration. This test for adults over the age of 21 is completely voluntary and the results of this test are often used to show that a driver was under the influence of alcohol. If a driver receives results below the legal limit it is still possible that they can be arrested based off of other observations.

California does not allow any amount of alcohol to be present in drivers under the age of 21. Drivers under the age of 21 accused of DUI face stricter sentences and tougher prosecution as a result of California’s zero tolerance for underage drinking and driving. In Pasadena, drivers who are under the age of 21 may face a license suspension of a year in addition to any criminal penalties.

After a driver is arrested, the DMV is immediately notified and issues a license suspension that will begin 30 days after the driver was arrested. The only way to challenge the suspension is to file for a DMV hearing within 10 days of being arrested. The DMV hearing is a process completely separate and apart from the Court process and is governed by its own set of rules and procedures. Being represented by an experienced Pasadena DUI attorney during the DMV hearing is allowed and strongly advised.

When a driver is subsequently arrested for a DUI, the DMV then issues a suspension which begins 30 days after the arrest. If a request for a hearing is completed within 10 days of the arrest the driver is able to challenge that suspension. Should charges never be filed in court the DMV can still take action against a driver by suspending their license if there is evidence the driver’s BAC was over the legal limit.

After an arrest for driving under the influence, the arresting officer will inform the DMV of the arrest and the driver’s license will be seized. Then the driver will receive a temporary license that only lasts for 30 days at which time a suspension for a minimum of four months will begin. The only way the driver can challenge the suspension is to request a hearing within 10 days of the arrest. If criminal charges are never filed the DMV hearing can still move forward. Having an experienced Pasadena DUI lawyer conduct the admirative hearing is allowed and strongly encouraged.

Alcohol education classes are required for anyone convicted of a DUI in Pasadena. Additionally, alcohol education classes are also required in order to get a restricted license by the DMV and ultimately having a license fully restored. These alcohol classes can range anywhere from three months for first time offenders up to 30 months for those with multiple convictions. If alcohol education classes are not completed as a term of probation a defendant can be sentenced to jail.

One of the many enhancements that can increase a sentence for a DUI in Pasadena is having a minor under the age of 14 in the vehicle. Transporting a minor under the age of 14 while intoxicated can result in additional jail time if convicted and can lead to other related child endangerment charges. Additionally, not only can this result in a criminal case but it can also lead to other investigations by the Department of Child Services.

There are many different situations in which DUI penalties can be enhanced, making punishment more severe for a DUI conviction. Some of the penalty enhancements can include: driving with a minor under 14 and driving at high rates of speed. These penalty enhancements can lead to mandatory jail time sentences if convicted. Other enhancements can result from being a multiple time violator within the last 10 years which can also lead to mandatory jail time and lengthy alcohol education classes. Depending on the number of previous DUIs, a driver can potentially be charged with a felony and sent to state prison if convicted.

Because Los Angeles County is a participant in the DMV Pilot Program involving Ignition Interlock Devices, anyone convicted of driving under the influence will be required to install an Interlock device in their vehicle. Once the device is installed it requires the driver to provide a breath free of any alcohol in order to operate the vehicle. If this is a driver’s first DUI, they will be required to have the device in the car for five months. Noncompliance with the Interlock device installation may result in further criminal penalties.

After being arrested for DUI in Pasadena, drivers begin to wonder whether they will be able to afford car insurance as a result. Being convicted of a DUI does increase insurance rates substantially since a driver will now have two points on their driving record. Additionally, the DMV will also require those convicted to have additional insurance commonly referred to as SR-22 on top of their regular auto insurance.

Refusing to submit to chemical testing as a result of a DUI arrest is against the law and in almost every case will result in additional criminal penalties. However, there are a number of defenses that can be asserted by an experienced Pasadena DUI defense attorney to challenge the validity of a refusal allegation. Some of the defenses a skilled attorney can assert are that the instructions of the officer were unclear, the officer did not correctly instruct on refusal being against the law, or the driver may have been suffering from a condition that impaired their ability to understand what the officer was saying in reference to testing.

After conviction of a DUI, a defendant will be placed on probation for a period of time and must comply with the terms of probation. If the defendant fails to comply with all the terms of probation which include: deadlines, court dates, progress reports, alcohol classes, or any other court order, the Court can violate the defendant’s probation. After the Court determines that the defendant is in violation they may be sentenced to jail time.

There are often circumstances in which a DUI case may warrant reduction of charges. It is not uncommon for a skilled Pasadena DUI defense lawyer to point out mitigating circumstances that require charges to be reduced to an offense that does not carry the same serious penalties as a DUI. Some of the charges that a DUI can be reduced to are charges of excessive speed and reckless driving. An experienced Pasadena DUI law firm will often be able to point out the weaknesses in the prosecution’s case or highlight factors in favor of the defendant that justify reducing charges.