Drunk driver driving on an empty road

Driving Under the Influence: A Guide to California’s DUI Laws

Driving while under the influence of alcohol or drugs could lead to an accident. As such, penalties are in place in California. Individuals may face charges for driving under the influence (DUI) or driving while intoxicated (DWI), which can mean costly fines and driver’s license suspension, among others.

We recommend that you get in touch with The Law Office of Troy P. Owens, Jr as soon as possible so that you get proper representation in all aspects of your case.

What Should You Do After a DUI Arrest?

When an officer has accused you of DUI, the officer has to submit a report to the Department of Motor Vehicles (DMV) in California for review. The DMV will perform an administrative analysis of the report together with the suspension or revocation order and the test results if available.

When the DMV supports the suspension or revocation, you have the right to request for a hearing to contest it. California allows you to petition for a hearing from the DMV within 10 days after you receive the suspension or revocation order. But in case the review didn’t show a basis for suspension or revocation, the DMV will set aside your case. If this happens, you will receive a notification about it.

Upon your arrest, the officer will confiscate your driver’s license. You may only get it back after the suspension or revocation period, and you have to pay the $125 reissue fee to the DMV and file a proof of financial responsibility. But if you’re under 21 years old, the reissue fee stays at $100.

DUI and DUI Laws in California

According to California Laws, it’s illegal to drive if your blood alcohol concentration (BAC) reaches the following percentages:

  • 0.08 or higher for drivers age 21 and older who are driving a regular passenger vehicle
  • 0.04 or higher for drivers operating a commercial vehicle
  • 0.01 or higher for drivers younger than the age of 21

Officers look not only for alcohol traces; they may also check for medications. The laws further state that it’s illegal to drive if you’ve taken:

  • Illegal drugs
  • Excessive amounts of drugs with alcohol
  • Prescription medication
  • Over-the-counter medication

Consequences can vary depending on your age, type of license, and previous convictions. Following an arrest for DUI, you may face the following:

  • License suspension
  • Criminal license suspension
  • Fines
  • DUI School
  • Community service or jail time
  • Installation of an ignition interlock device

The suspension and revocation period of your license can vary based on the number of your DUI offenses. For a first offense, you may get a 30-day or 10-month suspension. A second offense may result in up to two years suspension while a third offense may mean up to three years suspension.

A DUI or DWI arrest incident can also leave a negative impact on your driving record for 10 years.

Choose Your Defense Attorney Well

Facing DUI or DWI charges can be exhausting. You need to choose a defense lawyer who will represent you aggressively and passionately. Your attorney will also give you an in-depth explanation regarding your case to help you understand your options.

With Troy P. Owens Jr.’s experience in handling thousands of criminal cases, from misdemeanors to felonies, your case is in capable hands.

Contact us today for an initial free consultation to learn more.

Woman covering her face in fear

Beyond a Reasonable Doubt: What to Do When Accused of Domestic Violence?

Every minute, there are around 20 people physically abused by their partners in the United States. Domestic violence is a serious issue that affects about 10 million people annually.

However, a lot of these cases remain unreported or are inaccurately reported, with some falsely accusing their partner of domestic violence. When this happens, the accused – or the defendant of the case – risks receiving a punishment they do not deserve and an unjust reputation as a violent person.

If your family member or partner charges you with domestic violence, you need to understand what will happen and what you and your lawyer should do. The Law Office Of Troy P. Owens, Jr. can protect you and provide you with sound legal advice and aggressive representation. Our clients understand the processes and the ways they can receive acquittal for the charges.

Overview of Domestic Violence

Domestic violence includes physical, mental, and emotional abuse perpetrated by a victim’s family member, spouse, or someone the victim previously had an intimate relationship with. No physical contact is necessary; under California law, the threat to hurt or scare a person counts as domestic violence. A prosecutor may charge the defendant with assault or battery but will heighten the punishment if the state proves that the victim is a family member or a romantic partner.

The defendant, if convicted, will have a criminal record and face jail time, fines, years of probation, or a combination of the three. He or she will carry this record for the rest of his/her life. It may also affect future child custody cases or job prospects. The charges will have a significant impact on the defendant’s reputation. If the defendant were falsely accused, this impact would be unjust.

The defendant can prove to the court that the charges are false using two methods: by letting the prosecution establish proof of guilt beyond a reasonable doubt or justifying that his/her actions were out of self-defense.

“Beyond a Reasonable Doubt”

Under California law, a defendant is innocent until proven guilty. The prosecution has the burden of verifying that the defendant is guilty “beyond a reasonable doubt.” Under these terms, the jurors can only find the defendant guilty if they see no other way the evidence would prove otherwise.

In cases of domestic violence, the prosecution must prove the person is a family member or in a relationship with the victim. They must prove that the defendant committed violence and that there was proof of the crime. If the prosecutor cannot successfully prove all of these, there is doubt in the accusation, which may help acquit the defendant.

Self-Defense

A defendant can claim self-defense or any justification that points to the victim as the one who caused the violence. When first responders arrive at the scene of a domestic violence case, many of them may have to judge who was responsible for the violence based on the injuries sustained or witness accounts. Whoever they deem responsible at that moment will be arrested under a domestic violence charge. This is not always accurate, and the defendant can justify his or her actions in court.

If a partner or family member accuses you of domestic violence, call a skilled criminal defense lawyer immediately. Your lawyer should have the experience to handle cases like yours and find substantial evidence to help your defense. If you can convince the court of your innocence, you can avoid the risk of punishment and social stigma associated with a domestic violence record.

The Law Office Of Troy P. Owens, Jr. is a respected law firm that provides its clients with quality aggressive services. We have handled several domestic violence cases and have the skills and experience to navigate this practice area.

Do not hesitate to get in touch with us. Call us today for a free initial consultation.

How Much Does a Criminal Defense Attorney Cost?

Average Criminal Attorney Fees In California For Misdemeanor or Felony

How Much Does A Criminal defense Lawyer Cost For Misdemeanor or Felony? This is one of the questions anyone accused or charged with a type of crimes should be asking. Are you or love done charged with crime? We know that it is scary to be accused of any type of criminal offense as you might lose your freedom. We recommend that you contact a criminal defense attorney to get your options and cost after reading this blog. Continue reading

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