Like every other state, California considers driving while under the influence of alcohol (DUI) as a punishable offense. Even if the incident did not cause an accident or lead to any injuries, an intoxicated driver can still face criminal charges and other serious consequences for their actions. If you have been arrested for a DUI in Palmdale or Lancaster, it’s essential that you contact a highly qualified and knowledgeable criminal defense attorney as soon as possible to understand your legal rights and options. Now is not the time to leave your future up to chance—make sure that your rights are upheld at every step of the legal process by enlisting the guidance of an experienced Palmdale DUI defense lawyer who will examine every detail of your case and identify the most strategic path forward. As a CERTIFIED CRIMINAL LAW SPECIALIST and a FORMER DEPUTY DISTRICT ATTORNEY with over 35 years of experience, attorney David M. Wallin has the skills and tools to leverage a fair and favorable outcome that keeps your future as bright as possible. Our firm is made up of a team of four top-notch lawyers, one of which is another FORMER DEPUTY DISTRICT ATTORNEY, so you can trust that we have the skills and experience to serve you. We offer flexible payment plans and free consultations, so we encourage you to contact our office at your earliest convenience to get started with a trusted and caring legal advocate. Let’s take a look at how DUI cases typically unfold in Palmdale, Lancaster and anywhere in Los Angeles County, the differences between misdemeanor and felony DUI charges, and some steps you can take to maximize your chances of obtaining the best possible outcome given the specific circumstances of your case.
Is a DUI a Misdemeanor in California?
One of the most common questions people have about DUI charges is, “Can a DUI be a misdemeanor?” Generally speaking, DUI crimes are classified as either misdemeanor or felony offenses. When deciding whether to bring misdemeanor DUI charges or felony DUI charges against the defendant, several factors will influence the outcome. Below is a brief overview of some considerations that will help you answer key questions like, “Is a DUI a misdemeanor or felony in California?”
What is a Misdemeanor DUI in Southern California?
Under California Vehicle Code 23152, “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” Any violation of this statute can result in criminal charges, as well as administrative penalties handled through the California Department of Motor Vehicles (DMV). For the most part, driving under the influence offenses can only be classified as misdemeanors is the following three conditions are true: (1) No one was injured as a result of the DUI; (2) The offense is either a first, second, or third DUI within a ten year period; and (3) The driver has no previous felony DUI convictions on their record. Essentially, if a police or law enforcement officer pulls you over for a moving violation (i.e., running a stop sign, speeding, etc.) and they have reason to believe that you are driving under the influence of alcohol or drugs (and field sobriety tests or chemical tests confirm that your blood-alcohol concentration (BAC) level is at or above the legal limit of 0.08 percent), then they may arrest you for a misdemeanor DUI offense. Even if you do not think the penalties for a misdemeanor DUI conviction are serious enough to warrant legal representation, it’s highly recommended that you contact a skilled Palmdale DUI defense lawyer and FORMER DEPUTY DISTRICT ATTORNEY to ensure that your legal rights remain protected at every step of the upcoming legal proceedings.
When Felony DUI Charges May Be Warranted in Lancaster and Palmdale
Felony DUI charges may be brought when the defendant has already accumulated three previous DUIs on their record within a ten year period. Or, in cases where the DUI led to an accident where someone was injured, prosecutors may seek a felony DUI charge against the defendant. Moreover, any defendant who has a prior felony DUI conviction on their record will likely face a felony DUI charge for any subsequent DUI incident, even if their actions did not cause an accident or injuries. In many cases, a DUI incident that involves the negligent causing of bodily injury is a “wobbler” offense—in other words, such an incident can be considered either a felony or misdemeanor offense. Regardless of the specific circumstances of your DUI case, enlisting the support of a certified criminal law specialist and FORMER DEPUTY DISTRICT ATTORNEY with over three decades of experience is the most strategic step you can take to keep your future as bright as possible.
Steps to Take When Facing a Misdemeanor DUI Charge in Palmdale, Lancaster, and Anywhere in Los Angeles County
If you or a loved one has been arrested for a DUI offense, your best bet is to exercise your constitutional right to remain silent until you’ve had the opportunity to discuss this incident with an experienced DUI defense attorney. You may feel pressured into submitting to various chemical tests or answering questions about the incident, but you can request to discuss these matters with your attorney before making any crucial decisions that may affect the course of the legal proceedings. Together, we can assess the details of your arrest to determine whether law enforcement violated your rights in some way, which could invalidate the resulting charges. We may also involve expert witness testimony to question the validity of the testing results, as these tests can produce inaccurate or erroneous results. Additionally, it’s important to understand that anyone arrested for a DUI has ten days (from the date of the arrest) to request a DMV hearing. If you do not make this request within the ten-day window, you lose the right to a hearing. No matter what path your legal defense strategy takes, you can trust that your knowledgeable FORMER DEPUTY DISTRICT ATTORNEY and seasoned DUI defense lawyer will fight hard to uphold your rights and keep your future bright.
Contact Palmdale’s Go-To DUI Defense Law Firm Today
At the Law Offices of David M. Wallin, we believe in empowering our clients to make informed decisions with greater confidence. Our team of excellent and highly qualified attorneys, two of which are FORMER DEPUTY DISTRICTS ATTORENYS, understands how overwhelming the California criminal justice system can be, and we are committed to working closely with you to understand your concerns, answer your questions, and identify the most strategic path forward. We offer a range of payment plans, so we encourage you to schedule your free consultation with us today.
If you are facing a DUI charge in the greater Los Angeles County area, you need reliable and effective legal defense services right away. As a certified criminal law specialist and a former deputy district attorney with over 35 years of experience, attorney David M. Wallin is more than ready to help you defend your legal rights and secure the most favorable outcome possible given the circumstances of your case. Please call the Law Offices of David M. Wallin today at (661) 267-1313 to schedule your free consultation!