DUI Attorneys
We can represent you throughout Southern California
At Progresso Legal Group, we understand the challenges people face when they are 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 impact of the arrest. Our goal is to ensure that 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, and increased car insurance rates, but also jail time and even deportation. If you have been arrested for DUI, you need an experienced attorney in Los Angeles. Our DUI attorneys 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 may be treated as a felony or a misdemeanor, depending on the circumstances and damages at the time of the arrest. When people are detained while intoxicated, most feel uncertain about what to do and how to resolve the problem. For those who are not U.S. citizens, the problem is much greater.
Immigrants arrested for DUI may be deported and may jeopardize their future immigration status. However, having competent legal advice and representation is essential, as it may help negotiate and avoid more severe immigration consequences. If you are undocumented and living in the United States and are accused of DUI, remember that you have rights like any other person.
You have the right to remain silent; remember that everything you say or do may be used against you. You also have the right to legal representation to protect your rights. Consult our attorneys at Progresso Legal Group. Our attorneys have extensive 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 may affect your immigration status, potentially leading to deportation. Some crimes may lead to inadmissibility for citizenship or to deportation. Being inadmissible means that you will not be able to:
- Enter the country after leaving
- Apply for a permanent residence process or green card
- Change your immigration status
- Become a citizen of the United States
- Types of Crimes that Affect Immigration Status
There are two types of crimes that may impact your immigration status in the United States:
Deportable Crimes: These are crimes that may lead to deportation.
Inadmissible Crimes: These are crimes that may result in being barred from entering the country.
A DUI may be considered a serious offense and, depending on the circumstances, may 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 counsel with experience in DUI cases. Allow us to assist and guide you through your criminal process. We are Progresso Legal Group, attorneys with experience in criminal defense who can handle any DUI case related to non-immigrant visas. Consult with us to protect your rights and your future in the United States.
A felony that carries a sentence of more than one year in state prison may result in deportation
- Major crimes with sentences of more than one year
- Crimes involving moral turpitude
- Crimes related to drug use
- Total sentences of five years or more for two or more crimes
- Crimes related to drugs
A DUI or driving under the influence of alcohol or drugs, in rare but possible cases, may result in deportation or inadmissibility to the United States. DUI charges that may endanger your ability to remain in the country include:
- Drug-related 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 may lead to serious immigration consequences.
When someone is arrested for driving under the influence of alcohol or drugs, their arrest history, 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 Department of Immigration, such as adjustment of status, renewal of a green card, or naturalization.
Impact of a DUI on Immigration Status:
For individuals who do not have immigration status, it is crucial to have competent legal representation in DUI cases. An attorney specializing in DUI-related matters can make the difference between a conviction that negatively affects your immigration status and an effective defense that may dismiss the charges. Without proper representation, many DUI cases may result in severe consequences, such as inadmissibility to reenter the country, loss of U.S. citizenship, or even deportation.
Example: An immigrant with a DUI conviction may face serious difficulties when attempting to renew a green card or adjust immigration status due to the criminal record.
Benefits of Expert Legal Representation
- Evaluate the evidence against you and look for errors in arrest procedures
- Negotiate with prosecutors to reduce 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 attorney may challenge testing methods and seek agreements that minimize immigration repercussions.
Definition of Conviction in Immigration Law: The Immigration and Nationality Act provides a broad definition of conviction. This includes a delayed determination of guilt, a plea of no contest, an admission of guilt, or a case in which the court has imposed a sentence. A competent DUI attorney familiar with immigration law may challenge these definitions. However, plea agreements do not always protect defendants from severe immigration penalties.
Understanding Bail for DUI Cases: Bail in criminal cases allows individuals to be released from jail while awaiting trial and to fight their case from outside custody while out on bail. If you cannot pay the full bail amount, a bail bond agent may pay it for a fee of 8–10% of the total bail. This process involves negotiating a fee and securing a co-signer. For a $10,000 bail, the bail bond 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 hearing with the Department of Motor Vehicles (DMV) to challenge the suspension of your driving privileges. It is crucial to schedule this hearing within 10 days after receiving your notice of detention.
The DUI process includes both a criminal process and an administrative DMV process. Our attorneys can help you navigate this process and fight to maintain your driving privileges. Failing to schedule a DMV hearing may result in the automatic suspension of your license.
Legal Strategies for DMV Hearings: During the DMV hearing, one of our strategies in defending our clients’ cases is to challenge the validity of sobriety tests, the methods used, and the legality of the stop. For example, we examine when the breathalyzer was last calibrated and review the records of the officer who conducted the stop. We verify whether the stop was carried out according to police department standards.
Additionally, we ensure that you receive all necessary documents, such as the police report and witness statements. Challenging the reliability of chemical tests may be a key defense strategy.
DMV hearings may be conducted in person or by telephone, but an in-person hearing with an attorney 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 primary 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 may result in an arrest under code 23152(b) VC.
Received a DUI Charge?
Many people wonder how the DUI process works in Los Angeles County. What happens when someone is accused of DUI? There are several important factors to consider in a process involving driving under the influence of alcohol or drugs. This information is not legal advice, as every case is different and must be evaluated by an attorney based on the specific circumstances.
The most accurate recommendation is that you consult with a criminal defense attorney in your community regarding your specific case. Los Angeles County is large and has many law enforcement agencies that arrest people for 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 the 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. 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. Due to the vast size of Los Angeles, there are many smaller prosecutorial agencies that process DUI cases.
Example: Long Beach and Hermosa Beach have their own prosecutors who file DUI charges in their respective regions of Los Angeles.
DUI PENALTIES IN CALIFORNIA FIRST, SECOND, AND THIRD OFFENSE
First DUI Offense:
- Alcohol classes from three to nine months
- Fines
- Probation
- Community service
- Work (Cal Trans)
- MADD class (Mothers Against Drunk Driving)
- Weekly AA meetings
- Driver’s license suspension
- Occasionally jail
Second DUI Offense:
- Mandatory jail (minimum of 96 hours and maximum of one year)
- 18-month alcohol program known as SB 38
- Longer probation period
- Higher fines
- Driver’s license suspension for at least one year
- Ankle alcohol monitor (SCRAM)
- Ignition interlock device in the vehicle (IID)
Third DUI Offense:
- Longer jail sentence (minimum of 120 days)
- 18- or 30-month alcohol program
- Habitual Traffic Offender declaration, which may mean revocation of the driver’s license for several years
- High fines
- Five years of probation
- Prohibition on consuming alcohol and entering bars and other places where alcohol is the “primary item of sale”
DUI for Minors
There are different types of DUI charges for minors. Anyone under the age of 21 cannot 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 higher will face DUI charges with additional penalties for being underage.
DUI with Injury 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 punishment depends on the seriousness of the injuries.
Receiving four DUIs within a ten-year period automatically becomes a felony, with the typical punishment being state prison.
Having a prior felony DUI conviction and receiving another DUI, even without an 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 attorneys and the Progresso Legal Group team to guide you step by step through the process. Our attorneys are ready to represent you and review all the details of your specific case.
We have more than 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 specialized DUI defense team knows the appropriate strategies to handle cases. With thousands of satisfied and grateful families, we have successfully resolved their cases.
Our attorneys will navigate the complexities and defense of your specific DUI case, ensuring the best possible outcome for each client. Call today for your completely free evaluation at (800)-651-1227.