Torrance DUI Lawyer

Experienced Drunk Driving Defense Attorneys Serving Los Angeles County, California

If you have been charged with a DUI in Torrance, California, it is essential to find dedicated legal representation immediately. An experienced Torrance DUI attorney can review the details of your case and develop a strategy to fight the charges and protect your rights. 

Our DUI lawyer can explain the intricacies of California's laws and help you navigate the complicated court process. We can also provide valuable advice throughout your case, assessing all of your options and providing a dedicated defense so that you receive the best possible outcome.

In addition to understanding your legal options, our approach involves a thorough assessment of the evidence against you, including breathalyzer and blood test results, police reports, and witness statements. We aim to uncover any procedural errors or rights violations that could strengthen your defense.

To speak with an experienced Torrance DUI attorney, give us a call at (310) 695-1118 or contact us online today.

What Constitutes a DUI in California?

California law prohibits drivers from operating a vehicle while under the influence of alcohol, drugs, or a combination of both. The legal blood alcohol concentration (BAC) limits are: 0.08% or higher for drivers aged 21 and older, 0.04% or higher for commercial drivers and 0.01% or higher for drivers under 21.

A DUI charge does not necessarily require a driver to be above the legal BAC limit; an arrest can occur if an officer believes the driver is impaired, regardless of BAC.

Our Specialty: Driving Under the Influence & Related Crimes

• Driving with 0.08% or Greater BAC - CVC 23152(B)
• Wet Reckless
• Reckless Driving
• Exhibition of Speed
• Felony Gross Vehicular Manslaughter
• Misdemeanor Vehicular Manslaughter
• Watson Murder

What are the DUI Penalties in California?

Being convicted of a DUI in California can result in severe penalties, including fines, license suspension, and even jail time. It's important to understand the potential consequences of a DUI conviction and how our Torrance DUI lawyer can help minimize the impact on your life.

Some common DUI penalties in California include:

• License suspension or revocation
• Ignition interlock device installation
• Probation
• Community service
• Alcohol education programs
• Fines and court fees

Our experienced Torrance DUI lawyer can navigate the complex legal system and work to achieve the best possible outcome for your case. Don’t face DUI charges alone - contact the Law Offices of J. Patrick Carey for reliable legal representation.

Additional lesser-known penalties are critical to consider. These can include travel restrictions, increased insurance premiums, and potential impacts on professional licensing or employment opportunities. Being well-informed about these collateral consequences is essential as they are often not fully presented to defendants at the onset of their case.

To mitigate such outcomes, defendants can seek proactive legal actions, like participating voluntarily in community service or alcohol education programs even prior to court mandates. Such steps can demonstrate responsibility and potentially mitigate sentencing severity, a strategy we analyze and implement for the maximum possible benefit.

What to Do if You’ve Been Arrested for a DUI

The simple answer is that you need to act fast. The DMV will suspend your license 10 days after your arrest automatically. You need a DUI defense lawyer in Torrance to save yourself thousands of dollars in court fines. The law on DUI is one of the most complex laws in the entire California code. Our Torrance DUI attorney has insider knowledge of prosecuting DUIs, training law enforcement agencies, and stopping the DMV in its tracks so YOU don’t lose your license.

It's also essential to gather as much information as possible about your arrest circumstances. Start by writing down all recollections of the event, dates, times, and any dialogues with law enforcement officials. Keep your documentation organized, as this might serve as instrumental in crafting your defense. Understand your rights, including your right to legal representation, and refrain from making uninformed decisions that could adversely affect the outcomes of your proceedings.

What are Common DUI-Related Crimes?

Greater BAC (§ 23152)

If you are arrested for DUI in California, you will be charged with at least two separate offenses. Depending on your blood alcohol level, you may be charged with additional enhancements as well.

The two standard offenses you are charged with are California Vehicle Code Section 23152(a) and Section 23152(b). VC 23152(a), or the so-called “a” count charges you with “driving under the influence of alcohol and/or drugs.” The “b” count, VC 23152(b) charges you with driving with a blood alcohol level over 0.08%. As you can see, just because you blew less than 0.08% on the breathalyzer does not necessarily mean you will not be charged.

The maximum penalty for a first-time DUI is six months in county jail and a fine of $1,000 plus court costs.

The fines for this, and many crimes in California, can justify hiring a well-respected DUI lawyer like Pat Carey. Although the maximum fine is listed, you should understand that other fees usually cause these fines to triple or even quadruple. Should you choose to represent yourself or choose a cheap lawyer, the results in court could lead to harsher penalties and harsher fines, proving you in fact saved yourself no money at all.

For example, while a District Attorney, Pat Carey trained not only Police Officers but young Deputy District Attorneys on how to handle DUI cases. With this knowledge, he is able to, in some cases, have the charges reduced or even dismissed. Reduced charges lead to reduced court fines, saving you more money than you would have if you had chosen to represent yourself.

'Wet Reckless'

Commonly referred to as a “Wet Reckless,” the charge is actually “Driving With a Measurable Amount of Alcohol: California Vehicle Code Section 23103 per 23103.5.” No one actually ever gets originally charged with a “Wet Reckless” offense but it is usually pled down from an original DUI charge by an attorney.

“In my 8 years as a prosecutor, I never once saw someone representing themselves earn a reduction to a Wet Reckless.”
– Pat Carey, former Deputy District Attorney who handled thousands of DUI cases.

To earn this reduction, it takes a twofold approach by an attorney who has mastered the law on DUI: (1) look to the facts of the case to see the prosecutor’s weaknesses in proving a DUI, and (2) look at the law; did the police make any mistakes in the investigation?

By discovering these things, Pat Carey is able to earn a reduction from your DUI charge to a “Wet Reckless.” The fines you would be required to pay would be slashed in half; the alcohol program would be reduced from a 3-month requirement to a 1-day requirement; and most notably, you would NOT be required to have the Ignition Interlock Device (in-car breathalyzer machine) installed in your car. (In 2014, the law in California was changed requiring the device to be installed on EVERY car after a DUI conviction.)

Should you choose to represent yourself or choose a cheap lawyer, the results in court could lead to harsher penalties and harsher fines, proving you in fact saved yourself no money at all.

For example, while a District Attorney, Pat Carey trained not only Police Officers, but young Deputy District Attorneys on how to handle DUI cases. With this knowledge, he is able to, in some cases, have the charges reduced or even dismissed. Reduced charges lead to reduced court fines, saving you more money than you would have if you had chosen to represent yourself.

DUI with Injury

If, as a result of your DUI, a collision occurs and someone is injured, you can be charged with a violation of Vehicle Code Section 23153. The charges for this type of DUI—“DUI with Injury” commonly are:

1. Driving under the influence of alcohol and/or drugs causing bodily injury, under California Vehicle Code 23153(a) and
2. Driving with a blood alcohol content of 0.08% or greater causing bodily injury, pursuant to California Vehicle Code 23153(b).

DUI with Injury is also what is commonly referred to as a “wobbler” such that, at the discretion of the prosecutor, it can be charged as a misdemeanor or a felony. If charged as a felony, additional allegations can be added for “great bodily injury.” These and other allegations can lead to substantial prison time.

Misdemeanor DUI with Injury Penalties

Informal probation for up to five years, up to one year in county jail, up to $5,000 in court fines, a three, nine, 18, or 30-month court-approved alcohol or drug education program (otherwise known as “California DUI school”), a one or three-year suspension of your California driving privilege, and restitution to any/all injured parties.

Felony DUI with Injury Penalties

Two, three, or four years in the California State Prison, with an additional and consecutive three- to six-year prison sentence if any victim suffers great bodily injury, an additional and consecutive one-year sentence for each additional person that suffers any injury, up to three years maximum and a “strike” on your record pursuant to California’s Three Strikes Law if anyone other than yourself suffers great bodily injury, between $1,015-$5,000 in fines, an 18- or 30-month court-approved DUI school, Habitual Traffic Offender (HTO) status for three years, and a five-year revocation of your California driver’s license.

The fines for this, and many crimes in California, can justify hiring a well-respected lawyer like Pat Carey. Although the maximum fine is listed, you should understand that other fees usually cause these fines to triple or even quadruple. Should you choose to represent yourself or choose a cheap lawyer, the results in court could lead to harsher penalties and harsher fines, proving you in fact saved yourself no money at all.

For example, while a District Attorney, Pat Carey trained not only Police Officers, but young Deputy District Attorneys on how to handle DUI cases. With this knowledge, he is able to, in some cases, have the charges reduced or even dismissed. Reduced charges lead to reduced court fines, saving you more money than you would have if you had chosen to represent yourself.

Our Former Prosecutor Can Handle Your DUI Case

Our Torrance DUI lawyer, Pat Carey, prosecuted hundreds of DUI cases during his 8+ years with the Los Angeles County District Attorney’s Office. By mastering the art of prosecuting DUIs, Pat Carey has become an expert at defending DUIs. Pat trained police officers with local police departments on how to conduct DUI investigations, even assisting on the creation of the DUI investigation form the police officer used on YOUR case.

What truly distinguishes our legal services is our keen investigative eye. We meticulously revisit the scenes of incidents, gather fresh statements, and, where applicable, consult with experts in forensic analysis to further support your defense. This comprehensive method not only bolsters your position but also ensures no stone is left unturned in pursuit of justice.

To speak with an experienced Torrance DUI attorney, give us a call at (310) 695-1118 or contact us online today.

If a DUI Incident Results in a Collision and Death, What Options Does the Prosecutor Have?

Former Deputy District Attorney Pat Carey knows how prosecutors think when charging, investigating, and prosecuting cases in which there was a traffic accident and someone died as a result. This insider information and experience is unmatched by any attorney who claims to be a “former prosecutor.” Pat personally filed, prosecuted, and even trained police officers on how to investigate these offenses.

As you will see below, there are various ways a crime can be charged in this situation. This is where having an attorney like Pat Carey with insider contacts and information in the District Attorney’s office can come in handy. Pat can have a pre-filing interview with the District Attorney after you or your loved one's arrest, but prior to the filing of your case. This could be the difference between you getting charged with murder and manslaughter, and ending up in state prison for life or simply getting probation with minimal jail time. An attorney like former Deputy District Attorney Pat Carey pays dividends right from the outset and before your case even makes it to court.

If, as a result of the collision you were in, someone has died, and the police are able to produce evidence that you were intoxicated, the District Attorney has several filing options when considering how to proceed with your case:

Filing Option 1: Murder (So-called “Watson Murder”) (FELONY)

• Charges: Penal Code § 187(a) – Second-Degree Murder (and additional counts for each additional victim)
• Punishment: 15 years to life in state prison for each charge.
• What is the DA’s Filing Theory?: The DA will look at your driving history and conduct to show that you acted with “conscious disregard for human life” while driving your car. The DA will use prior traffic tickets, a prior DUI, or other conduct to show you intentionally drove knowing these consequences.

Filing Option 2: Gross Vehicular Manslaughter While Intoxicated (FELONY)

• Charges: Penal Code § 191.5(a)  
• Punishment: Sentencing range of 4, 6, or 10 years for each count
• What is the DA’s Filing Theory?: That your driving pattern in conjunction with your intoxication amounted to “gross negligence.” Gross negligence versus ordinary negligence is a matter of degree and becomes the most complicated and fluid issue of the case if it goes to a jury trial.

Filing Option 3: Vehicular Manslaughter While Intoxicated (FELONY)

• Charges: Penal Code § 191.5(b)
• Punishment: Sentencing range of 16 months, 2 years, or 4 years for each count.
• What is the DA’s Filing Theory?: Your driving pattern in conjunction with his intoxication amounted to “ordinary negligence” rather than “gross negligence.”

Although nothing is ideal when you find yourself in this situation, this is the ideal charge to receive if you were DUI and someone was killed as a result. Why? THIS CHARGE IS WHAT IS CALLED A “WOBBLER,” MEANING IT CAN LATER BE REDUCED TO A MISDEMEANOR. This process, of course, would require the services of an attorney who has similar experience and insider connections like former Deputy District Attorney Pat Carey.

If, as a result of the collision you were in, someone has died, and the police are NOT able to produce evidence that you were intoxicated, the District Attorney has several filing options when considering how to proceed with your case:

Filing Option 1: Vehicular Manslaughter (Felony Charge; Gross Negligence)

• Charges: Penal Code § 191(c)(1)
• Punishment: 2, 4, or 6 years in state prison for each count
• What is the DA’s Filing Theory?: That your driving pattern in conjunction with your intoxication amounted to “gross negligence.” Gross negligence versus ordinary negligence is a matter of degree and becomes the most complicated and fluid issue if the case goes to jury trial.

Filing Option 2: Vehicular Manslaughter (Misdemeanor Charge; Ordinary Negligence)

• Charges: Penal Code § 191(c)(2)
• Punishment: 1 year in county jail for each victim
• What is the DA’s Filing Theory?: Your driving pattern in conjunction with his intoxication amounted to “ordinary negligence” rather than “gross negligence.”

Our Torrance DUI Attorney Can Protect Your License

Time is of the essence when you are arrested for DUI. The DMV will automatically suspend your driving privileges 10 days after your arrest if you do not call to request a stay of your suspension and request a hearing. Call today, and our Torrance DUI attorney will have an immediate stay placed on your license and personally handle your DMV hearing for you in an attempt to make sure your license is never suspended.

Initially, by requesting a stay and hearing, you get to keep driving unless and until the DMV proves your guilt at the hearing. Some people believe a lawyer can be a waste of money, but Pat Carey has proven time and time again that spending your money on a skilled lawyer can save you thousands in court and can potentially save you from losing your license for an extended period of time.

With your DUI, as mentioned above, you will technically have two cases: one with the DMV, one in court. They are separate proceedings, but do overlap. For example, if you are convicted of a DUI in court in Los Angeles County, the DMV will add a condition that you install an “ignition interlock device” in your car. Also, if you defeat the DMV at the hearing, but you are later convicted in court, the DMV will still suspend your license based on your court conviction.

The only way to properly work through this issue is to hire a Certified Criminal Law Specialist who knows his way around Court as well as the DMV. That person is Pat Carey. In addition to hundreds of successfully negotiated cases, our office is NOT afraid to go to trial. Pat has taken 65 cases to a jury and has unmatched experience in his field.

Why Choosing the Right DUI Defense Attorney Matters

When facing DUI charges, the choice of attorney can significantly impact the outcome of your case. At the Law Offices of J. Patrick Carey, we understand that each case is unique and requires a tailored approach. Our extensive experience in DUI defense allows us to navigate the complexities of California law effectively, ensuring that your rights are protected every step of the way.

Here are some key reasons why selecting an experienced DUI attorney in Torrance is crucial:

• Expertise in Local Laws: Our attorneys are well-versed in California DUI laws and local court procedures, giving you a strategic advantage.
• Personalized Defense Strategies: We analyze the specifics of your case, from arrest circumstances to evidence, crafting a defense strategy that addresses your unique situation.
• Negotiation Skills: Our former prosecutor background equips us with the negotiation skills needed to potentially reduce charges or penalties.
• Emotional Support: Facing a DUI charge can be stressful. Our compassionate team provides support and guidance, helping you make informed decisions throughout the process.
• Proven Track Record: We have a history of successful outcomes for our clients, demonstrating our commitment to fighting for your rights and freedom.

Don’t leave your future to chance. Contact us today to schedule a consultation and learn how we can help you navigate your DUI case with confidence.

To speak with an experienced Torrance DUI attorney, give us a call at (310) 695-1118 or contact us online today.

Common Questions About DUI Charges

What Should I Do Immediately After a DUI Arrest in Torrance?

The moments following a DUI arrest can be quite overwhelming. However, it's imperative to stay calm and take specific steps to protect your rights. Initially, refrain from providing any additional statements to the police until you have spoken with a DUI defense attorney. Your charged statements could be misinterpreted in court. Once released, collect and document all pertinent information regarding the arrest, such as the time, location, how the arrest transpired, and any interactions with the officers. This information may be critical for your defense.

Moreover, your driving privileges are immediately jeopardized; the DMV could suspend your license if you do not request an administrative hearing within ten days of the arrest. Contacting Law Offices of J. Patrick Carey promptly will ensure that necessary legal steps are promptly taken, preventing an automatic license suspension. Lastly, prepare to appear at your scheduled court date, which can significantly affect the overall course of your DUI case.

How Do DUI Checkpoints Work in Torrance?

DUI checkpoints are legal roadblocks where law enforcement officials stop vehicles to check for drivers under the influence of drugs or alcohol. In California, these checkpoints must adhere to specific regulations to be deemed legal. This includes ample public warning, visible police presence, and ensuring that stops are brief and conducted using a neutral formula, such as stopping every third vehicle. These measures help to ensure that checkpoints function fairly and do not unduly burden any drivers. If you’ve been arrested at a checkpoint, scrutinizing the checkpoint's legality could form a part of your defense strategy.

In Torrance, law enforcement strategically places these checkpoints, aiming to deter drunk driving and enhance public safety during times commonly associated with increased DUI incidents, such as holiday weekends. Being stopped at such a checkpoint does not inherently indicate guilt. However, be aware that refusing a sobriety test at a checkpoint can lead to severe penalties, including immediate license suspension under implied consent laws.

What Are the Penalties for Refusing a Chemical Test in Torrance?

In Torrance, refusing to submit to a chemical test after a lawful DUI arrest has immediate and long-term consequences. Under California's implied consent law, drivers are expected to comply with these tests if suspected of DUI. Refusal to do so results in automatic penalties, independent of the DUI charge's outcome. Initially, you could face a one-year license suspension for the first refusal, escalating to two or three years for subsequent refusals within a ten-year period.

Punishments may include additional fines and mandatory DUI school attendance. The refusal can be used as evidence by the prosecution to suggest consciousness of guilt, complicating your defense strategy. At Law Offices of J. Patrick Carey, we diligently explore whether law enforcement adhered to proper protocols during your arrest. In some scenarios, if procedures were not strictly followed, charges could be contested on those grounds.

Is It Possible to Expunge a DUI Conviction in Torrance?

Expunging a DUI conviction means having it sealed or erased from state records, though it's a misnomer as it does not entirely clear the record. Instead, marked as dismissed, it may not weigh as much on your criminal history related to employment checks. Only misdemeanors and felonies can be expunged, meaning infractions do not qualify.

In Torrance, candidates must have completed probation either without additional misdemeanors or felonies and must not currently face any criminal charges. Expungement does not erase the conviction from private databases, and DUI convictions remain for DMV purposes. With this relief, you could obtain a fresh start, especially professionally, even though the conviction would still be counted as a prior in case of subsequent offenses.

How Can Local Laws Impact My DUI Defense in Torrance?

Local laws and regulations specific to Torrance significantly influence defense strategies for DUI charges. In California, stringent regulations apply, such as mandatory installation of ignition interlock devices for repeat offenders, local nuanced variations in enforcement, and plea deal negotiation potentials that differ across municipalities.

Understanding these local legislations and judicial inclinations helps in crafting effective defense approaches. For instance, knowing how local courts in Torrance typically handle first-time versus repeat offenders can steer discussions and negotiation efforts favorably. An awareness of the latest traffic laws and municipal procedures is vital to ensure a fair trial and could reveal procedural mishaps that can be crucial to your defense.