A first-time DUI offense typically results in a 30-day license suspension, six months with an ignition interlock device, and a restricted license which allows for travel to and from work or school and any alcohol-related program.
If an injury was involved in a DUI accident and the police do not know how severe the injury is, then they will usually arrest the person, place a $100,000 bail on them, and then send them into court.
A DUI attorney can make sure that all the stops are pulled out in order to obtain the best possible resolution.
For example, they may be able to get a 30-day suspension versus a much longer suspension, which the DMV is certainly able to dole out under the appropriate circumstances.
Will I Go To Prison If Convicted Of DUI?
Prior to receiving a DUI conviction in Los Angeles County, an individual should obtain an attorney who can begin building an argument as to why they should not be given a prison sentence.
There are several factors involved in a DUI with accident case, all of which must be considered by a criminal defense attorney.
In the determination of whether a DUI with accident defendant will go to prison, the severity of the injuries caused will be considered.
If the injuries were just soft tissue injuries and the defendant has no prior record, then they probably won't go to prison.
If the severity of the injuries amounts to what's deemed great bodily injury, then they likely will face prison time.
A defense attorney will be in the best position to determine whether prison time will be likely under any particular set of circumstances.
In Los Angeles County DUI cases, I'm usually able to tell my clients what's likely to happen, provide insight on the tendencies of the prosecutors and judges involved in their case, and explain what they need to do in order to put themselves in the best position moving forward.
Can An Accident Reconstruction Expert Help Me?
Accident reconstruction experts can be quite effective in DUI cases, but hiring one is not always the best move.
The cases that most benefit from the expertise of an accident reconstructionist are those that involve questions surrounding who was at fault for the accident.
Determining cause in DUI with accident cases is critical, because if an individual did not cause an accident, then they are not going to be held responsible for any of the injuries that resulted from the accident, and will not be charged with a felony DUI.
Accident reconstruction experts can make solid scientific arguments showing that the alleged at-fault party did not in fact cause an accident.
Will Charges Be Dropped If It Can't Be Proven I Caused The Accident?
With the exception of receiving a fourth DUI, felony DUI charges only come into play when it can be shown that the defendant caused injuries.
This means that if the prosecutor cannot prove that someone was responsible for an accident and injury related to a DUI, then they're not going to be able to charge a felony.
Furthermore, if a defense attorney can prove that their client did not cause the accident, then their client should not have to pay for any damages related to the other vehicle, medical bills, or pain and suffering.
The client will, however, still receive a DUI if their alcohol level was 0.08 or greater or if it can otherwise be shown that they could not safely operate a motor vehicle pursuant to Vehicle Code Section 23152(a) and Vehicle Code Section 23152(b).