Los Angeles, California

DUI Lawyers

We Represent You in DUI Cases Throughout Southern California

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At Progresso Legal Group, we understand the challenges when people face being arrested for a DUI case in the city and county of Los Angeles. In many circumstances, it is not just one or two, but sometimes four or five DUI cases, which significantly increases the negative impacts of detention. Our goal is to make sure you understand your case and the legal process involved.

Understanding DUI Convictions:

DUI convictions are serious and can lead to significant repercussions, not only the loss of your license, fines, increased car insurance, but also jail time and even deportation. If you have been arrested for DUI, you need an expert lawyer in Los Angeles. Our DUI lawyers combine experience and knowledge to aggressively defend your legal rights, challenging the accuracy of sobriety tests and the complexity of DUI cases We thoroughly review the evidence and the results of sobriety tests to build a strong defense.

Consequences of a DUI Arrest for Non-Immigrants

Driving under the influence of alcohol or drugs (DUI) is a crime in California and throughout the United States. This offense can be treated as a major or minor criminal case, depending on the circumstances and damages at the time of arrest. When people are detained while intoxicated, most feel uncertainty about what to do and how to get out of the problem. For those who are not U.S. citizens, the problem is much greater.

Immigrants arrested for DUI can be deported and jeopardize their future immigration status. However, having competent legal advice and representation is essential, as it can help negotiate and avoid worse immigration consequences. If you are undocumented and live in the United States and are charged with DUI, remember that you have rights like any other person.

You have the right to remain silent; remember that everything you say or do will be used against you. You also have the right to have legal representation to protect your rights. Consult our lawyers at Progresso Legal Group. Our lawyers have vast experience in criminal defense and can handle any DUI case related to non-immigrant visas.

Summary of Immigration Laws:

It is crucial to understand criminal and immigration laws, and how DUI convictions can affect your immigration status, specifically leading to possible deportation. Some crimes can lead to inadmissibility to citizenship or deportation. Being inadmissible means that you will not be able to:

Enter the country after leaving
Apply for permanent residency or a green card
Change your immigration status
Become a U.S. citizen
Types of Crimes That Affect Immigration Status

There are two types of crimes that can impact your immigration status in the United States:

Deportable Crimes: These are crimes that can lead to your deportation
Inadmissible Crimes: These are crimes that can result in exclusion from entry to the country
A DUI can be considered a serious crime and, depending on the circumstances, can lead to severe immigration consequences such as deportation or inadmissibility to enter the country.
To protect your immigration status and better understand the implications of a DUI, it is essential to have competent legal advice with experience in DUI cases. Allow us to assist and guide you in this criminal process. We are Progresso Legal Group, lawyers with experience in criminal defense who can handle any DUI case related to non-immigrant visas. Consult with us to protect your rights and future in the United States.

A felony offense carrying a sentence of more than one year in state prison can result in deportation:

A DUI or driving under the influence of alcohol or drugs, in rare but possible cases, can result in deportation or inadmissibility to the United States. DUI charges that may jeopardize your ability to remain in the country include:

Drug DUI
DUI with a minor under 14 years old
DUI with a suspended license
Multiple DUI convictions

A DUI arrest with a minor in the vehicle can lead to serious immigration repercussions.

When someone is arrested for driving under the influence of alcohol or drugs, their arrest record, fingerprints, and criminal background are automatically entered into a national database. These records are reviewed every time a person applies for any benefit through the Immigration Department, such as status adjustment, green card renewal, or naturalization.

Impact of a DUI on Immigration Status:

For people who do not have immigration status, it is crucial to have competent legal representation in DUI cases. A lawyer specialized in matters related to DUI can make the difference between a conviction that negatively affects your immigration status and an effective defense that may dismiss the charges. Without adequate representation, many DUI cases can result in severe consequences, such as inadmissibility to return to the country, loss of U.S. citizenship, or even deportation.

Example:
An immigrant with a DUI conviction could face serious difficulties when trying to renew their green card or adjust their immigration status due to the criminal record in their file.

Benefits of Expert Legal Representation

Evaluate the evidence against you and look for errors in the arrest procedures.
Negotiate with prosecutors to reduce the charges or reach favorable agreements.
Present a strong defense in court to protect your rights and immigration status.
An experienced attorney can identify flaws in the administration of sobriety tests and use them to weaken the prosecution’s case, increasing the chances of a favorable resolution.
A DUI lawyer can challenge testing methods and seek agreements that minimize immigration consequences.

Definition of Conviction under Immigration Law:

The Immigration and Nationality Act provides a broad definition of conviction. This includes a late determination of guilt, a no-contest plea, an admission of guilt, or a case in which the court has imposed a sentence. A competent DUI lawyer familiar with immigration law can challenge these definitions. However, plea agreements do not always protect defendants from harsh immigration penalties.

Understanding Bail for DUI Cases:

Bail in criminal cases allows people to be released from jail while awaiting trial and to fight their case from outside while on bail. If you cannot pay the full amount of bail, a bail agent can pay it for a fee of 8–10% of the total bail. This process involves negotiating a fee and securing a cosigner. For a bail of $10,000, the bail agent’s fee would be around $1,000.

DMV Hearing Process:

After a DUI arrest, it is important to remember that you have the right to a Department of Motor Vehicles (DMV) hearing to challenge the suspension of your driving privileges. It is crucial to schedule this hearing within 10 days of receiving your notice of detention.

The DUI process includes both a criminal process and an administrative DMV process. Our lawyers can help you navigate this process and fight to maintain your driving privileges. Not scheduling a DMV hearing can result in automatic suspension of your license.

Legal Strategies for DMV Hearings:

During the DMV hearing, one of our strategies to defend our clients’ cases is to challenge the validity of sobriety tests, the methods used, and the legality of your arrest. For example, we examine when the breathalyzer was last calibrated and review the records of the officer who made the arrest. We verify whether the arrest was carried out according to police department standards.
We also make sure you receive all necessary documents, such as the police report and witness statements. Challenging the reliability of chemical tests can be a key defense strategy.

DMV hearings can be conducted in person or by phone, but an in-person hearing with a lawyer increases your chances of success. We prepare you to answer questions and challenge any evidence against you.

Main DUI Laws in California

Los Angeles County represents the majority of DUI cases in California. The state has two main DUI laws, both commonly used to charge drunk driving cases:

Vehicle Code 23152(a) VC: Makes it illegal to drive under the influence of alcohol
Vehicle Code 23152(b) VC: Makes it illegal to drive with a BAC of .08% or higher

Being stopped with a BAC of .08% or higher can result in an arrest under code 23152(b) VC.

Did You Receive a DUI?

Many people wonder how the DUI process works in Los Angeles County. What happens when someone is charged with DUI? There are several important things to consider in the process of driving under the influence of alcohol and drugs. This information is not legal advice, as each case is different and must be evaluated by a lawyer according to specific circumstances.

The most accurate recommendation is to consult a criminal defense lawyer in your community regarding your specific case. Los Angeles County is large and has many law enforcement agencies that arrest people driving under the influence of alcohol and drugs known as DUI. The city police department, the California Highway Patrol (CHP), and the sheriff’s department are responsible for most of these arrests. After the arrest, the police prepare a report with details and send it to the Los Angeles District Attorney’s Office to file charges.

Depending on where the arrest occurred, many DUI cases are sent to the Los Angeles City Attorney’s Office instead of the District Attorney’s Office. The police also send reports to the DMV to suspend the license of the driver accused of DUI.

Driver Safety Offices and Local Prosecutors

There are nearly a dozen driver safety offices in Southern California that oversee the DMV hearing process and issue driver’s license suspensions. Because of the vast size of Los Angeles, there are many smaller prosecuting agencies that handle DUI cases.

Example:

Long Beach and Hermosa Beach have their own prosecutors who file DUI charges in their respective areas of Los Angeles.

PENALTIES FOR DUI IN CALIFORNIA FIRST, SECOND AND THIRD OFFENSE

First DUI Offense:

Second DUI Offense:

Third DUI Offense:

DUI for Minors

There are different types of DUI for minors. Any person under 21 years old may not drive with any level of alcohol in their blood. The legal limit is .01% for minors.

Example: A driver under 21 with a BAC of .08% or more will face DUI charges with additional penalties for being a minor.

DUI with Injuries and Felony DUI:

There are three main ways to be charged with felony DUI in Los Angeles, which are the most serious of all possible drunk driving charges:

A DUI with a collision that causes injuries is generally charged as a felony. The severity of the charges and the punishment depend on the severity of the injuries.

Obtaining four DUIs within a ten-year period is automatically a felony, with the typical punishment being state prison.

Having a prior felony DUI conviction and receiving another DUI, even if there is no accident, will result in the new DUI being charged as a felony with the likelihood of state prison.

Are you or a family member facing DUI charges? Allow our lawyers and the Progresso Legal Group team to guide you step-by-step through the process. Our lawyers are ready to represent you and review all the details of your specific case.
We have over 25 years defending families in criminal defense, family, and immigration cases throughout the city and county of Los Angeles. A first DUI case can often be dismissed depending on the circumstances.
Our team specialized in DUI defense knows the appropriate strategies to handle cases. With thousands of satisfied and grateful families, we have successfully resolved their cases.
Our lawyers will navigate the complexities and the defense of your particular DUI case, ensuring the best possible outcome for each client. Call today for your completely free evaluation at (800)-651-1227

WE HAVE BEEN SERVING HISPANIC FAMILIES WITH THEIR LEGAL PROCESSES FOR MORE THAN 25 YEARS

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