LA DUI and Open Container Legal Rights

In California there are 3 types of criminal offenses- Infraction, Misdemeanor, and Felony. California has several alcohol laws that fall in all three categories of criminal offenses. Open containers of alcohol are a part of California law but can be an infraction or a misdemeanor. Most open container laws are infractions. California Vehicle Code Sections 23221 to 23229 lay out the law for California open containers in a vehicle. More specifically, the vehicle code makes it a crime to have an open container of alcohol in the vehicle. The law makes a flat prohibition of drinking in a vehicle, possessing an open container in a vehicle, storing open containers in the trunk of a vehicle, and storing open containers of alcohol in the passenger compartment of the vehicle.

Typically, the above violations laid out in CVC (California Vehicle Code) sections 23221 to 23229 are charged as infractions. An infraction is the lowest level of offense in the state and is equivalent to a speeding or red light traffic citation. These types of offenses typically do not give a person a criminal record and are very easy to expunge pursuant to California Penal Code section 1203.4(a).

It is important to note that California can charge a misdemeanor if you are a minor in possession of alcohol (MIP). California Vehicle Code section 23224 states that it is an infraction for a minor under the age of 21 to ride in a vehicle with an open container of alcohol. The law also has a section that applies if you are not in a vehicle. California Business and Professions Code section 25662 makes it a misdemeanor crime to possess alcohol in any public place. Thus, if you are under the age of 21 and you have an open container of alcohol, you could be facing a misdemeanor charge in the state of California.

If the driver of the vehicle possesses the alcohol and is drinking that alcohol while operating the motor vehicle, he may be investigated and possibly charged with a DUI pursuant to CVC 23152(a) and (b). This charge is a very serious misdemeanor charge and can lead to a license suspension, several days of county jail, and a hefty $2,000 fine. In addition the a fine, if you are caught for a San Jose DUI, you will also need to hire a San Jose DUI lawyer or if you cannot afford an attorney, a public defender will take your case. Attorney fees can be high but a good San Jose DUI attorney can help cushion the punishment for a driving under the influence charge.

In California, a DUI often results in extremely severe penalties. A standard first offense DUI will result in a fine around $2,000, a license suspension of 6 month, a court ordered education class of 30 hours, 3 to 5 years of probation, 2 days minimum county jail time, and possibly the installation of an ignition interlock device. These results get significantly worse if certain factors contributed to the arrest such as: driving at a high rate of speed, having a child under 18 in the vehicle, if you have had any prior convictions in the past 10 years, if your blood alcohol level is above a .15 or a .20, if you were involved in a collision, and many other facts can increase the punishment that the District Attorney will seek. If you hire a Los Angeles DUI lawyer experienced in fighting DUI charges, you may have a better chance at getting the mandatory minimum punishment for any of the above charges including driving while under the influence of drugs or alcohol. Talk with a lawyer today.

Los Angeles DUI and expungement Attorney Bob Mortland is a solo practitioner attorney in the greater Los Angeles Area. Mr. Mortland takes cases that are personal injury, debt settlement, criminal defense, expungements, and traffic ticket defense. Mr. Mortland is a LA DUI/ DWI Lawyer, LA DUI Lawyer, Tustin DUI Lawyer, Hollywood DUI lawyer, Santa Ana DUI Lawyer, Orange County DUI Lawyer, Riverside DUI Lawyer, San Bernardino DUI, Long Beach DUI, Buena Park DUI, Sherman Oaks DUI, Ventura DUI, Santa Clarita DUI. Visit http://www.lacountyduilawyer.net/ <a href=http://www.lacountyduilawyer.net> Los Angeles and Orange County DUI defense attorney</a>