Best Drunk Driving Lawyers in Calabasas

About Drunk Driving Law in Calabasas, United States

Drunk driving, also known as driving under the influence (DUI), is a serious offense in Calabasas, located in Los Angeles County, California. This crime involves operating a vehicle while impaired by alcohol or other drugs, including prescription medications. Law enforcement officers conduct field sobriety tests and use breathalyzers to determine a driver’s blood alcohol content (BAC). In California, the legal limit for BAC is 0.08% for individuals aged 21 and over, and 0.01% for those under 21. Strict penalties await those found guilty of DUI, making it crucial to understand the legal landscape in Calabasas.

Why You May Need a Lawyer

There are numerous reasons why one might require legal help in drunk driving cases. Here are some common situations:

- **First-Time Offenders**: Navigating the legal system can be confusing, and a lawyer can help first-time offenders understand their rights and potential penalties.

- **Repeat Offenders**: Penalties for repeat DUI offenses are more severe, necessitating experienced legal representation to mitigate consequences.

- **Accidents Related to DUI**: If a DUI results in an accident causing injury or property damage, legal complications increase significantly.

- **License Suspension Issues**: DUI charges often come with license suspension. A lawyer can assist with hearings for restricted or reinstated licenses.

- **Underage DUI**: Special rules and harsher penalties apply to drivers under 21, requiring adept legal navigation.

- **Refusal to Submit to Tests**: Refusing a breathalyzer or field sobriety test can lead to additional charges and penalties.

Local Laws Overview

Understanding local DUI laws is critical for anyone facing DUI charges in Calabasas.

- **BAC Limits**: The BAC limit is 0.08% for drivers aged 21 and older, and 0.01% for drivers under the age of 21. Commercial drivers have a limit of 0.04%.

- **Implied Consent Law**: By driving in California, you consent to chemical testing if suspected of DUI. Refusal leads to automatic license suspension and penalties.

- **Penalties**: Penalties vary based on the number of prior offenses and severity. First offenses can lead to fines, license suspension, DUI school, and possible jail time. Repeat offenses result in harsher penalties, including longer jail sentences and extended license suspensions.

- **Aggravating Factors**: Factors like high BAC, reckless driving, causing injury, or having passengers under 14 years old can result in more severe penalties.

Frequently Asked Questions

What is considered a DUI in Calabasas?

A DUI in Calabasas involves operating a vehicle with a BAC of 0.08% or higher for adults, 0.01% for drivers under 21, or impaired by drugs (including prescription medications).

What should I do if I'm pulled over for suspected DUI?

Remain calm, be polite, and do not admit to drinking. You are required to show your driver's license, registration, and proof of insurance. You can refuse field sobriety and preliminary alcohol screening (PAS) tests, but refusal to take a chemical test after arrest can lead to penalties.

What are the consequences of a first-time DUI offense?

First-time offenses may include fines, probation, DUI school, license suspension, and possibly jail time. Penalties increase with higher BAC levels or aggravating circumstances.

Can I refuse a breathalyzer test in California?

You can refuse the PAS test before arrest without immediate penalties. However, refusing a chemical test (breath, blood, or urine) after arrest results in automatic license suspension and additional penalties under the implied consent law.

How can a DUI lawyer help me?

A DUI lawyer can challenge the evidence, negotiate reduced charges or penalties, represent you in court, and assist with DMV hearings for license reinstatement.

Will a DUI affect my insurance rates?

Yes, a DUI typically results in significantly increased insurance rates and may lead to policy cancellation. You will need an SR-22 form to reinstate your license, which notifies the DMV of your insurance coverage.

Can a DUI be expunged from my record?

Yes, under certain circumstances, a DUI can be expunged from your criminal record, meaning it is dismissed in the eyes of the law. This usually requires completing probation and all court-ordered penalties.

What happens if I cause an accident while DUI?

If you cause an accident while DUI, you may face additional charges such as vehicular manslaughter or assault with a deadly weapon, which carry severe penalties including prison time.

Is DUI a misdemeanor or a felony in California?

Most first and second DUI offenses are misdemeanors. However, if the DUI involves injury, death, or is a fourth offense within ten years, it can be charged as a felony.

How soon should I contact a lawyer after a DUI arrest?

You should contact a lawyer immediately after a DUI arrest to ensure timely assistance with bail, understanding of charges, and preparation for both criminal court and DMV hearings.

Additional Resources

- **California Department of Motor Vehicles (DMV)**: Provides information on license suspensions, SR-22 requirements, and hearings.

- **California Office of Traffic Safety**: Offers educational resources about DUI laws and safety programs.

- **National Highway Traffic Safety Administration (NHTSA)**: Features statistics and information on impaired driving prevention.

- **Mothers Against Drunk Driving (MADD)**: Provides support for victims of DUI accidents and advocates for stricter DUI laws.

- **Local DUI Schools**: Listings for DUI education programs required for offenders.

Next Steps

If you need legal assistance for a DUI in Calabasas, consider the following steps:

- **Contact a DUI Lawyer**: Search for lawyers specializing in DUI cases in Calabasas to provide expert representation.

- **Document Events**: Write down your recollection of the arrest and any interactions with law enforcement.

- **Prepare for Court and DMV Hearings**: Follow your lawyer’s advice on gathering documents, understanding the charges, and preparing for appearances.

- **Attend DUI School**: If required by court order or the DMV, enroll and complete the necessary DUI education program.

Taking these steps will help you navigate the complexities of DUI law in Calabasas and potentially mitigate the consequences of a DUI charge.