Los Angeles Driving Offenses – Frequently Asked Questions

Yes, license suspension or revocation is a common consequence for certain driving offenses. Under California law, convictions for crimes like DUI (California Vehicle Code § 23152) often trigger automatic license suspensions. Additionally, even if you're not convicted in criminal court, the DMV can independently suspend your license administratively. To challenge this suspension, you must request a DMV Administrative Per Se hearing within 10 days of the arrest.

Other driving offenses, such as reckless driving (Vehicle Code § 23103) or exhibition of speed (Vehicle Code § 23109(c)) usually add two points to your DMV record. Accumulating too many points (four points within one year, six within two years, or eight within three years) can result in a negligent operator suspension, restricting your driving privileges for up to six months or longer.

Yes, you can face criminal charges following a car accident, depending on the circumstances:

• DUI-related accidents: If you were driving under the influence and caused injury or death, charges like DUI causing injury (Vehicle Code § 23153), vehicular manslaughter under the influence (Penal Code § 191.5(b)), or gross vehicular manslaughter while intoxicated (Penal Code § 191.5(a)) may apply.
• Accidents without impairment: Even without drugs or alcohol, causing a fatal accident can lead to charges of vehicular manslaughter (Penal Code § 192(c)(2)) or gross vehicular manslaughter (Penal Code § 192(c)(1)), depending on the severity of negligence involved.

Penalties for DUI convictions in Los Angeles depend on the severity of the offense and prior convictions:

• First-time DUI: Typically includes probation, fines ($390-$1,000), mandatory DUI classes, and possible jail time (up to six months). A license suspension for at least four months is also standard.
• Second and subsequent DUIs: Higher fines, longer license suspensions, increased jail time, mandatory alcohol treatment programs, and installation of an ignition interlock device (IID).

Retaining an experienced criminal defense attorney is highly advisable, especially for DUI and serious driving offenses. Attorneys can challenge evidence, negotiate plea bargains, handle DMV hearings, and represent you effectively in court. At Kraut Law Group Criminal & DUI Lawyers, Inc., our attorney, Michael Kraut, brings over 14 years of prosecutorial experience, significantly improving your chances of a favorable outcome.

Depending on your case specifics, charges can often be reduced or dismissed. Skilled defense attorneys may successfully argue for reduced charges (like a DUI being reduced to reckless driving, also known as a "wet reckless") or have charges dismissed entirely due to procedural errors, insufficient evidence, or constitutional violations.

Reckless driving (Vehicle Code § 23103) involves "willful or wanton disregard for the safety of persons or property." Penalties include probation, jail time (up to 90 days), fines ($145 to $1,000), and two points on your driving record. It can also significantly impact insurance rates.

Driving with a suspended license (Vehicle Code § 14601) can result in severe penalties, including jail time (up to six months for a first offense), fines, probation, vehicle impoundment, and further suspension of your driving privileges.

To reinstate your license after suspension:

• Fulfill all suspension terms (wait periods, DUI programs, or court orders).
• Provide proof of insurance (SR-22 form).
• Pay all applicable fees.
• Pass required DMV tests (if applicable).

If stopped for suspicion of DUI:

• Remain calm and polite.
• Provide license, registration, and insurance when asked.
• You can politely refuse field sobriety tests (FSTs) and preliminary breath tests (PBTs), but you must submit to chemical testing if arrested under implied consent laws.
• Contact a defense attorney immediately after release.

California's implied consent law requires you to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusal to test can result in harsher penalties, including mandatory license suspension for at least one year, additional fines, and possible jail time.

DUI convictions may negatively impact employment, especially for jobs requiring driving, professional licenses, or security clearances. A DUI conviction remains on your record for ten years, potentially affecting future job prospects and background checks.

Attorney Michael Kraut, a former Deputy District Attorney with over 14 years of experience, offers knowledgeable, aggressive defense strategies tailored to your unique circumstances. Kraut Law Group Criminal & DUI Lawyers, Inc. prioritizes client communication, meticulous case preparation, and results-driven defense representation to secure the best possible outcomes for our clients.