Misdemeanor DUI
California DUI offenses are charged as either misdemeanors or felonies, depending on the facts of the case. Misdemeanor California DUI carries harsh punishment, but fortunately it’s possible to fight against a drunk driving charge and win. The seasoned California DUI attorneys of The Kavinoky Law Firm have the skills needed to aggressively fight any drunk driving charge.
If you’re facing a first, second, or third-time California DUI charge and you weren’t involved in an accident, your drunk driving offense will likely be charged as a misdemeanor. However, if you have three or more prior drunk driving convictions, if you were involved in an accident, or if your DUI incident involved someone getting injured or killed, you can be charged with a felony.
Under California DUI law, misdemeanor drunk driving can be punished with fines, a driver’s license suspension, probation, alcohol education classes, and jail time. All misdemeanor offenses in California are punishable by up to one year in county jail, but if you’re facing a first-time drunk driving charge and weren’t involved in an accident, it’s unlikely that you’ll have to spend time behind bars.
If you’re facing a California DUI charge, you have an important decision to make – whether to seek a plea bargain or take your case to trial. In some cases, a skillfully negotiated plea bargain can provide a favorable outcome to your California DUI case. However, in other cases, it may be the best decision to take your case to a jury. A skilled California DUI attorney can review your options with you and help you make this important decision.
If you decide to fight your drunk driving case in court, your California DUI attorney will use a number of tools to fight for your rights. One of the most potent resources a California DUI attorney has available is the pretrial motion. Your attorney may use a motion to suppress evidence, a motion to strike prior convictions, a Pitchess motion, which seeks information from the arresting officer’s personnel file, or a number of other motions in an effort to strengthen your defense and improve your prospects at trial.
If you’re arrested for DUI and charged with a misdemeanor, you’ll also face a separate DMV case that threatens your driver’s license. You have just 10 days from the date of your arrest to request a DMV hearing, or your driver’s license will be automatically suspended. The DMV action is completely separate from the criminal case you face.
A misdemeanor California DUI charge carries harsh punishment, so it’s critical to have a top defense lawyer fighting for your rights. For more information about aggressive defenses to drunk driving charges, please contact an experienced California DUI attorney from The Kavinoky Law Firm today at 1-800-NO-CUFFS for a free consultation.
