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DUI/OWI

DUI Defense Attorney Representing Los Angeles Clients

Driving Under the Influence (‘DUI’) and Operating a Vehicle While Impaired (‘OWI’) are two traffic offenses that impose criminal penalties, including jail time and fines. The state of California criminalized these two offenses due to their inherent danger of injuring others. If you have been arrested for DUI or OWI, you face serious consequences. Not only do you potentially face jail time, but you may also lose your driver’s license, be required to take alcohol awareness classes, and be responsible for paying higher insurance premiums. In addition, a criminal conviction has lasting effects on your permanent record – you may be unable to find a job, apply for loans, or rent a home.

When arrested for a DUI or OWI, many people do not take the charges seriously and make the mistake of believing that hiring a criminal defense attorney is not necessary. When in court, you will be facing the prosecutor’s office, which has infinite resources and years of experience prosecuting DUI/OWI cases. To level the playing field, you need a proficient criminal defense attorney like Kourosh Pourmorady who has litigated countless DUI/OWI cases in Los Angeles court. Call The Law Offices of Kourosh Pourmorady today for a free DUI/OWI case evaluation at (866) 666-6529.

DUI/OWI Definition

Under California Vehicle Code 23152(a), it is illegal for a person to drive under the influence of alcohol, drugs, or both. It does not matter what your blood alcohol content (‘BAC’) is. If you are driving poorly, such as swerving or failing to obey traffic laws, even if your BAC is below the legal limit, you can be arrested under 23152(a). Under 23152(a), you can be impaired by alcohol, illegal narcotics or valid prescription medication.

California Vehicle Code 23152(b) criminalizes driving with a BAC of 0.08% or higher. Under 23152(b), even if you are driving perfectly, you can be arrested if the police determine your BAC is above the threshold. In fact, you could be sitting in a parking lot in your car and be arrested under 23152(b).

Most individuals are charged under both sections of the California Vehicle Code.

DUI Arrest

When an officer pulls you over on suspicion of driving under the influence, he or she will ask you a series of questions and conduct a variety of tests known as field sobriety tests.

The officer will begin by asking you if you know why you were pulled over. The officer will also ask you if you have had anything to drink.

The field sobriety tests are a series of tests designed by the police department to determine if you are under the influence. Officers are trained on conducting these tests. Common field sobriety tests include:

  • Horizontal gaze nystagmus
  • Touching your hand to your nose
  • Walking in a straight line
  • Maintaining your balance on one foot
  • Reciting the alphabet backwards

In addition, the officer will ask you to submit a breathalyzer sample. This will involve you blowing for several seconds into a special machine. The breathalyzer machine will analyze the contents of your breath for alcohol. The breathalyzer will then give a reading. If you have had no alcohol, your reading should be 0.00. A reading over 0.00 indicates alcohol consumption. A reading of 0.08 or higher violates 23152(b).

If you are arrested for DUI, the officer may also request a urine sample at the precinct for further alcohol testing. Refusal to submit to a breath test or urine test can result in increased penalties, such as confiscation of your driver’s license.

DUI/OWI Penalties

  • First-time offender: 4 to 180 days in jail; up to $1,000 fine; 30 days to 10 months of license suspension
  • Second-time offender: 10 days to 1 year in jail; up to $1,800 fine; 1 to 2 years of license suspension
  • Third-time offender: 120 days to 1 year in jail; up to $1,800 fine; 3 years of license suspension
  • Fourth-time offender: 16 months in jail; up to $18,000 fine; 4 years of license suspension

If you are under the age of 21, you will be sentenced under the Zero Tolerance Law, which includes up to 1 year of license suspension, DUI school, and exorbitant fines.

You may also face installation of an ignition interlock device, which requires you to breathe into the device in order to start your car. You may also have to periodically breathe into the device while driving. If you are over 0.00 BAC, the device will not allow you to start your car.

All DUI convictions require DUI school, which is an alcohol awareness course. In addition, DUI convictions face fees associated with reinstating suspended licenses, as well as increased car insurance premiums.

Aggressive DUI Defense Lawyer Prepared to Fight for Your Rights

You have rights even if you have been charged with a crime, and the police, the prosecutor, and the court must respect these rights. A skilled and trained criminal defense attorney who is well-versed in DUI defense can assist you with ensuring that your rights have not been violated. The Law Offices of Kourosh Pourmorady has 47 combined years of experience advocating for lower income and minority clients in the greater Los Angeles area. For a free consultation on your DUI/OWI charges, call The Law Offices of Kourosh Pourmorady today at (866) 666-6529.