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Los Angeles DUI Misconceptions

Los Angeles DUI Attorney

Many of those who have been charged with driving under the influence have no previous experience dealing with the criminal justice system. What they know about DUI offenses and the DUI process may come from what they have heard from friends or have seen on TV. As a result there tends to many misconceptions surrounding the DUI process.

A DUI Offense Is Not A Traffic Ticket

There is a common misconception that a driving under the influence offense is just like any other traffic infraction that will result in a fine and points on one’s driving record. However, this is not true. Unlike most other traffic offenses, driving under the influence of drugs or alcohol is a misdemeanor offense that can result in a variety of criminal penalties as well as a permanent criminal record.

For most traffic infractions, the penalty is generally a fine and a potential license suspension. An infraction does not go on a person’s criminal record and would not be visible on a criminal background check.

Someone convicted of driving under the influence can be sentenced to jail or may have to complete community labor or community service hours. In addition, the defendant would be required to complete a drug and alcohol education class and may have to complete requirements such as the Hospital and Morgue program or the MADD Victim Impact Panel. The defendant would also have to pay extensive court fines and restitution to compensate the victim for any damages incurred.

A DUI incident will also trigger an administrative license suspension from the Department of Motor Vehicles. The suspension will automatically go into effect unless the driver requests a formal hearing within ten days of the DUI arrest. For most first time DUI incidents in which there is no refusal allegation, the administrative suspension is four months. The driver would be eligible for a restricted license after 30 days. In addition, there would be a license suspension triggered by any court conviction for DUI. In Los Angeles County, the driver would be required to have an ignition interlock device installed into his or her vehicle before driving privileges can be reinstated.

In addition, there are a number of other collateral consequences that may occur as the result of a DUI conviction. A person convicted of driving under the influence would have a criminal record that would be visible to anyone conducting a criminal background check, including future employers or landlords.

I Can’t Be Charged With DUI Because I Wasn’t Drunk

People may believe that they can only get a DUI when they subjectively believe that they are too intoxicated to drive. Often people get behind the wheel when they have only had a couple drinks and feel that they are sober enough to drive. However, as long as a driver’s blood alcohol content was .08 percent or higher he or she could be charged with driving under the influence. The driver may feel that he or she can drive and may only have been pulled over for an equipment violation, however criminal charges and a license suspension can still be imposed if the driver was at or over the legal limit. Thus, even people who were just feeling a little tipsy can be charged criminally.

The Arrest Was Not Valid Because The Officer Never Provided A Miranda Warning

People are familiar with the Miranda warning that is often quoted in movies and television show. There a common misconception that an officer’s failure to read a Miranda warning will lead to criminal charges being dismissed. Unfortunately, this usually is not the case with DUI offenses. The Miranda warning is required to inform those who are arrested that any statements could be used against them. The remedy for a failure to provide a Miranda warning would be suppression of any confessions or statements made during a post-arrest police interrogation. By the time someone has been arrested for DUI, they usually have already been asked questions about their earlier drinking or drug use. In addition, they may have also completed a series of field sobriety tests and provided a breath sample on a PAS device. There generally is no need for a post-arrest interview.

If you have been arrested for DUI, it is crucial that you speak with a Los Angeles DUI Lawyer right away. Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly effective at fighting DUI cases on behalf of his clients.

For more information about misconceptions about DUI, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.


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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
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