Factors Involved in a Califonia DUI Criminal Case:

After the DMV hearing, the accused person must face the criminal proceeding. The Drunk Driving penalties in the state of California are set forth by statute and can be very complicated. The basic statute allows for a range of possible DUI sentences, but there may be modifications to the sentence based on the following factors:

• Having a prior conviction within the last seven (7) years
• Speeding 20 mph (or more) over the speed limit at the time of the DUI
• Having a child under the age of 14 in the car at the time of the DUI
• Having a blood-alcohol reading of over .20%
• Refusing to submit yourself to chemical testing

Within the range that is set forth by statute, the sentence in a DUI case will be affected by such factors as:

• The various facts of the case
• The policies of the prosecutors and local courthouse
• The weaknesses or "holes" in the case, as uncovered by the defense attorney
• The reputation of the defense attorney

It is important to note that the results of the breath, blood or urine test will be a factor in determining the charges that will be brought against you and the possible sentences. If you were driving with a blood-alcohol level of over .08%, then there has been a DUI offense. Please remember, however, that the DUI laws relate to the blood-alcohol level at the time of the driving, and not at the time of the test. This is a very important difference that may be used in your favor. It is also important to understand that the tests - particularly the breath tests -- are unreliable and therefore susceptible to attack by an experienced DUI / DWI attorney.

Stephen G. Rodriguez is an experienced Los Angeles Drunk Driving Attorney. If you have been charged with Drunk Driving in Los Angeles, and need a criminal defense attorney, call Stephen G. Rodriguez at (213) 223-2173.