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DUI Charges in San Fernando Valley: Misdemeanor vs. Felony
If you’ve been charged with a DUI here in the San Fernando Valley, the time to act is now. DUI charges in California are categorized as either misdemeanor or felony offenses. Misdemeanor DUI charges carry a maximum of one year in County Jail, while felony charges in a DUI arrest result in harsh penalties and possible prison time.
Convictions under either classification of DUI (DWI in other states) charges will result in fines; however, the fines for a felony conviction in a drunk driving case can climb severely higher—surely you’ve seen the billboards across town: “You just blew $10,000.” An expert San Fernando Valley DUI attorney will dissect each piece of evidence presented to ensure the most favorable outcome in a DUI defense case.
The DMV Hearing Request
When an officer of makes a DUI arrest, he usually seizes the offender’s license and issues a 30-day temporary license with a Notice of Administrative Per Se Action. Then the officer sends the license suspension order to the DMV. What’s good to know however, is that during that 30 day period, you are still allowed to drive unrestricted on that temporary license.
A request for a DMV hearing must be made within 10 days of the issuance date on the suspension order. If the request is not made within that time frame, the temporary license will expire on day 30 and driving privileges will be suspended. The person charged in the DUI case, or his or her attorney must make the hearing request.
If the hearing request is not made, or the defendant does not have a successful defense at the hearing, license suspension could range from four months up to a lifetime revocation, depending on the circumstances of the arrest. An LA County defense attorney familiar with drunk driving cases, like those on our team, can help the defendant avoid a revocation of his driving privileges.
One Charge, Two Cases – DMV Administrative Action and the LA Superior Court Trial
If the DMV hearing is requested on time, the license holder can continue to drive in a full and unrestricted fashion until and unless the DMV says otherwise. Suspensions will only be “set aside” (which means avoided completely) with an effective defense at the DMV hearing. A date, time and location for the DMV hearing will be announced after the hearing request is made. In a DMV hearing for a misdemeanor DUI charge, the hearing may take place in person or via phone. Whether you are best served by a telephonic hearing, or an in-person hearing, is a tactical decision that you should make with an experienced attorney. There are no hard and fast rules about which is better; it truly is unique, given the facts of your particular case.
This is your first opportunity to be saved from some of the negative repercussions of a DUI. Therefore, it’s of the utmost importance that you have a DUI lawyer from The Kavinoky Law Firm who really knows what they’re doing. We’ll examine the DMV’s evidence and find out just where the flaws are that we can expose, and hopefully reduce your suspension, or eliminate it completely.
The next portion of your DUI charge is dealt with in your court case. A San Fernando Valley DUI attorney with experience in alcohol-related driving charges, such as the experienced attorneys from No Cuffs, will examine the case and explain why it’s not always necessary to plead guilty to a DUI.
Having one of our dynamic lawyers backing you up could mean the difference between a reduction of charges—or even a dismissal—and a conviction with severe consequences such as jail or prison time, probation, hefty fines and the installation of an ignition interlock device (IID).
You will be prosecuted based on four pillars that we here at The Kavinoky Law Firm are experienced defending against. In this scenario, it’s not always easy to spot the “smoking gun” that can be your key to victory. That’s why we take careful time to examine all of the possible inroads to success, and determine just where we can find yours.
Some of the good news? There are over 50 reasons a Breathalyzer reading could be inaccurate, so these results are not an automatic conviction. Medical conditions, human error or improper police procedure are all possible defenses in a DUI case, and there are plenty more still. A skilled defense attorney, like those on Team Kavinoky, looks at every angle of the case to determine the best route to victory.
Hope in the Form of an Expert DUI Team
DUI charges are very serious and the defense of these charges should only be trusted to an attorney with ample training. The evidence in cases involving simple drinking and driving can be as overwhelming as cases involving vehicular manslaughter, but we’ll take the time to carefully comb every detail, and make sure that you are set up for the best outcome possible.
A San Fernando Valley DUI attorney that understands complicated DUI cases will successfully help a defendant through this tough process. The point is: there’s always hope! Even though this a serious charge, you can be reassured that the team at the Kavinoky Law Firm has your back, and we’re prepared to do everything in our power to get those cuffs off of you!
The Kavinoky Law Firm
The attorneys at No Cuffs are dedicated to defending clients who face alcohol or drug-related charges using the most recent defense trial techniques. We proudly serve the San Fernando Valley and surrounding areas. In addition to DUI cases, our services also include defense in charges of burglary, drug possession, theft, domestic violence, and other criminal cases.
If you are facing charges in a criminal matter and don’t know where to turn, call us today at 1-800-No-Cuffs, and let one of our highly trained lawyers help you today.