Driving under the influence
California DUI laws are some of the most complex and difficult cases on the books. Arrests occur unexpectedly, and the driver is rarely prepared for the complex legal issues that follow. Drunk driving arrests require immediate attention. To properly defend these aggressive prosecutions, you need an experienced attorney on your case from the beginning.
Unfortunately, DUI arrests happen to people from all walks of life. After one or two drinks you can be arrested. For many people it is their first experience with the criminal justice system, and it can be terrifying. Most DUI cases are charged as misdemeanor offenses. If your case is charged as a misdemeanor, then Attorney Mark Anthony Raimondo can appear in court on your behalf without you having to go to court. This can save you the time and embarrassment of several court appearances.
Questions an experienced DUI defense should examine
Often people arrested for DUI mistakenly believe they will automatically be convicted. They may think it is pointless to defend their case. Nothing could be further from the truth. There are many challenges that a skilled attorney can employ that can exonerate you, or put you in a position for a favorable plea agreement.
- Did the police have a valid reason to stop you? If they did not have probable cause to pull you over, the case may be challenged.
- Did they have reasonable suspicion to conduct an inquiry into intoxication?
- Did they conduct proper field sobriety tests?
- Were the field sobriety tests fair and established tests?
- Did the police violate your right to be free from unlawful search and seizure?
- Did the police have probable cause to demand a blood, breath, or urine test?
- Was the testing equipment properly calibrated?
- Did the police follow established protocols in taking a blood, breath, or urine sample?
- Were you over the legal limit at the time of driving? For some people, alcohol levels increase over time, which may become an issue in the defense.
The DMV and criminal court
Most people are unaware that a DUI arrest triggers two separate, time-sensitive legal challenges. Not only do you have to appear in criminal court, you must also request a hearing at the DMV within the applicable deadline after your arrest. The most pressing issues are typically finding an experienced California DUI lawyer and requesting a DMV hearing to challenge an automatic suspension of your driver’s license.
DUI matters handled
The legal team at the Law Office of Mark Anthony Raimondo can assist clients facing many types of driving-under-the-influence offenses:
- First-time DUI
- Second and third DUI charges
- Underage DUI
- DUI with an underage passenger
- Drug-related DUI
- Felony DUI
- DUI with injury or an accident
- DUI manslaughter
- Vehicular homicide
- Commercial driver’s license DUI
- Watson DUI second-degree murder
Misdemeanor and felony DUI
DUI arrests are charged in one of two ways—as misdemeanors or felonies. How a DUI arrest is charged depends on the facts of the case, including whether there were prior convictions, an accident with injuries or death, or an allegation that the driver left the scene of an accident.
First-, second-, and third-time drunk-driving charges are often charged as misdemeanors. Aggravating circumstances, including a hit-and-run allegation or an accident with injury, may lead prosecutors to file felony charges. Regardless of the circumstances, a felony drunk-driving charge is a serious allegation that carries harsh penalties.
Manslaughter allegations
DUI incidents that result in death are among the most serious allegations and can result in felony charges. Depending on the circumstances, a driver accused of causing a death may face felony manslaughter, vehicular homicide, or second-degree murder charges.
The prosecution may argue that a person who drinks and drives knows the behavior is dangerous and could lead to death. Prior DUI convictions may become central to that argument.
Vehicular homicide
Vehicular homicide can be charged as a misdemeanor or a felony. In many cases it is charged as a felony. A vehicular-homicide charge may be pursued when the prosecutor alleges that the driver acted with negligence; intent to kill is not necessarily required.
Watson second-degree murder
California prosecutors may pursue what is commonly called a Watson murder charge when a person with a prior DUI conviction is accused of driving under the influence again and causing a death. The theory is that the driver had already been placed on notice that drinking and driving is dangerous to human life.
A second-degree murder conviction can carry a term of 15 years to life. These cases require immediate, experienced trial preparation.
Client experiences from the archived DUI page
“I felt like Mr. Raimondo really cared about getting the best outcome for my DUI. I had a lot of questions and Mark carefully listened to each of them and did not make me feel like I was wasting his time.”Anonymous DUI client
“Mark did a great job defending me in my case. Very knowledgeable, professional, and fair with pricing. He helped me tremendously.”Sam — DUI client
“Our experience with Mark Raimondo and his staff was very pleasant. Mark and Jennifer went out of their way to make sure we were comfortable with every decision.”David Richardson — DUI client
Published case results
DUI case results
The published results archive currently includes 65 matters that match this practice area or its published case terminology.
| Case # | Charge / allegation | Maximum exposure | Published result |
|---|---|---|---|
| BM950195A | PC 25400(A)(1) carry concealed weapon in vehicle, VC23152(A) Drive Under the influence of alcohol, VC23152(B) DUI Alcohol 0.08 Percent | 1 year in jail | Wet reckless |
| BM935141A | VC 23152(F) Drive Under the Influence of a Drug | 1 year jail | Wet reckless |
| BM856016A | VC 23152(E), HS11550(A), VC23103.5(A) Plea to VC 23103 In Lieu of DUI | 1 year in jail | Case dismissed |
| SF019410A | VC 231523(A)>2012 DUI Alcohol/Drugs Causing Bodily Injury - (EFF. 4/12), VC 23153(B)>2012 DUI.08 Alcohol w/BO) | 3 Years Prison | Felony Probation and Fine |
| LF013262A | HS 11370.1(A) Poss Controlled Substance While Armed W/Loaded Firearm, VC 23152(G)>2017 DUI of Alcohol, Drug or Combined, HS 11350(A)>MISD>2020 Possess Narcotic controlled Substance, VC 23103.5(A) Plea to VC 23103 In Lieu of DUI | Not listed | Case dismissed |
| BM951524A | VC 23152(A)>2014 DUI of Alcohol, VC23152(B) DUI Alcohol/0.08 Percent | 1 year in jail | Case dismissed |
| BM951410A | VC 23152(A)>2014 DUI of Alcohol, VC23152(B) DUI Alcohol/0.08 Percent | 1 year in jail | Case dismissed |
| BM946030A | VC 23152(A)>2014 DUI of Alcohol, VC23152(B) DUI Alcohol/0.08 Percent, VC 14601.2(A) Drive With License Suspended/Revoked for DUI:Specific VI | 1 year in jail | Case dismissed |
| MF013987A | PC 32310>2017 Manufacture/Sale/Possess/Etc Large Capacity Magazine, PC 25850(A) Carrying a Loaded Firearm, VC 23152(A)>2014 DUI of Alcohol, 23152(B) DUI Alcohol/0.08 Percent, VC 23222(A) Poss Open Container While Driving. | Not listed | Case dismissed |
| LM120113A | VC 23152(A)>2014 DUI of Alcohol, VC 23152(B) DUI Alcohol/0.08 Percent | 1 year jail | Credit Time Served |
| BM861263A | VC23152(B) DUI | 1 year jail | Work Release & Fine |
| BM872394A | VC23152(B) DUI | 1 year jail | Credit for TIme Served, DUI terms |
| LM108000A | VC23152 (A) DUI VC2002(A) HIT AND RUN RESULTING IN PROPERTY DAMAGE | 1 year jail | Credit for Time Served, DUI terms |
| BM877617A | DUI, Hit & Run, No proof of Insurance | 1 year jail | Credit Time Served & Fine |
| BM852873A | VC 23152(A) | 6 months jail DUI terms | CASE DISMISSED |
| BM879168A | VC23152(A) DUI; Disorderly conduct | 6 month jail | DUI Dismissed, plead to drunk in public, credit time served & fine |
| BM873699A | VC23152(A) DUI | 1 year | Wet Reckless |
| David D. | Driving Under the Influence (VC 23152(a)(b)) | 6 months jail | WET RECKLESS |
| Keri S. | Driving under the influence; accident fleeing scene | 1 year jail | CASE DISMISSED |
| BM770016A | VC 23152(B) DUI ALCOHOL/0.08 PERCENT, | 6 months jail DUI terms | Wet Reckless- No Driver's License Suspension |
| SM115213A | VC 23152(B) DUI ALCOHOL/0.08 PERCENT | 6 month jail | Case Dismissed |
| BM870252A | VC 23152(A) & (B) DUI & DUI over 0.08%, VC20002(A) Hit and Run resulting in property damage, VC125000(A) Driving without a license, VC16028(C) failure to provide proof of insurance | 2 years jail | Wet Reckless |
| TM080864A | VC 14601.2(A) DRIVE WHILE LICENSE SUSPENDED/REVOKED FOR DUI:SPECIFIC VI, VC 22349(B) MAXIMUM SPEED LIMIT, 55 MILES PER HOUR, PC 853.7 FAIL TO APPEAR AFTER WRITTEN PROMISE, VC 14601.1(A) DRIVE WHILE LICENSE SUSPENDED/REVOKED | 1 year jail | Plead to Infraction |
| BM860492A | VC 23152 (E)DRIVE UNDER THE INFLUENCE OF A DRUG | 6 months jail | Wet reckless |
| BM868206A | 23152(A)>2014 Driving under the Influence of Alcohol | 6 months jail | WET RECKLESS |
| BM861068A | VC 23152(B) DUI ALCOHOL/0.08 PERCENT | 6 months jail | WET RECKLESS |
| BM872036A | VC 23152(A)>2014 DRIVE UNDER THE INFLUENCE OF ALCOHOL | 6 months jail | WET RECKLESS, Credit time served |
| LM110471A | DUI | 1 year jail | Wet reckless |
| BM899820A | DUI | 1 Year Jail | DUI Dismissed |
| BM898433A | DUI | 1 Year jail | Wet reckless |
| BM847402A | DUI; use/ under influence controlled substance | 1 year jail | Wet reckless, Credit Time Served |
| BM868071A | 3rd DUI VC23152(A) DUI; driving with suspended license revoked for DUI | 1 year jail | Probation & 70 days Work Release |
| BF159216A | Willful cruelty to child; DUI; Assault w/ deadly weapon; burglary 1st degree; felon in possession of firearm | 8 Years Prison | 2 years |
| BM873849B | DUI; Disorderly conduct, drunk | 6 month jail | Fine/summary probation |
| BM858909A | DUI; drive w/o license | 6 Months Jail | Wet reckless, Credit Time Served |
| BM873497A | DUI; obstruct/ resist peace officer | 1 Year Jail | Wet reckless, Credit Time Served |
| BM873658A | DUI ; driving with suspended license for DUI | 1 Year Jail | DUI= Dismissed, Credit Time Served |
| SM110996A,TM085333A | DUI ; threaten with intent to terrorize | 1 Year Jail | Plead to DUI Dismissed Threaten with intent to terrorize |
| BM890122A | HN 655(B) use watercraft while under the influence, HN 655(A) reckless/negligent watercraft operation, PC 148(A)(1) obstruct/resist | 6 Months Jail | Credit time served & dismissed HN655(B) |
| BM892069A | DUI, Hit and run | 1 year jail | Wet reckless |
| BF163505A | Felony DUI causing bodily injury (x4) | 6 years prison | Probation/work release |
| BM877022A | DUI | 6 month jail | Wet reckless; Credit Time Served |
| BM861496A | DUI, possess marijuana 28.5 grams or less | 6 month jail | DUI= Dismissed, credit time served, plead to wet reckless & possession of marijuana |
| BF166317A | DUI, Felony child endangerment, 273(A)a, 23152 | 7 years prison | Suspended Sentence, Credit Time Served, Probation |
| BM895879A | DUI, VC 23152(A)>2014 DUI, VC 23152(B) DUI | 1 year jail | Case Dismissed w/ supression motion |
| BF161858A | DUI, 23153(F)>2014 | 3 Years Prison | Probation, Work Release |
| LF011267A | VC 2800.2 RECKLESS EVADING PEACE OFFICER , VC 23152(E)>2014, HS 11550(A) | 3 Years Prison | Probation, Work Release |
| BM900734A | DUI | 1 year jail | wet reckless |
| BM870095A | VC 22502(A) PARK PARALLED ON RIGHT, VC 21650 RIGHT HALF OF ROADWAY, FAILURE TO DRIVE ON, VC 14601.2(A) DRIVE WHILE LICENSE SUSPENDED/REVOKED FOR DUI | 1 Year | CASE DISMISSED |
| BM835464A & BM860766A | Reckless Driving Highway; DUI | 1 Year Jail | Credit Time Served; Probation |
| BM891661A | VC 23152(A)>201 Driving Under the Influence of Alcohol, VC 23152(B) D.U.I. Alcohol over 0.08%, VC 20002(A) | 1 Year Jail | Wet Reckless, Credit Time Served |
| BM908741A | VC 23152(A) Drive Under the Influence of Alcohol VC 23152(B) DUI Alcohol/0.08 Percent PC 273A(B) Willful Cruelty to Child x3 VC 23103.5(A) Plea to VC 23103 in Lieu of DUI | 1 Year Jail | WET RECKLESS |
| LM111871A | VC 23152(A)>2014 Drive Under the Influence of Alcohol VC 23152(B) DUI Alcohol/0.08 Percent VC 23103.5(A) Plea to VC 23103 in Lieu of DUI PC 32 Accessory | 1 Year Jail | WET RECKLESS |
| BM904992A | DUI / Driving without a License | 1 Year | CASE DISMISSED |
| BM920188A | 23152(A)>2014 DRIVE UNDER THE INFLUENCE OF ALCOHOL 23152(B) DUI ALCOHOL/0.08 PERCENT 23103.5(A) PLEA TO VC 23103 IN LIEU OF DUI | 6 MONTHS | WET RECKLESS |
| BM924726A | VC23152(A)>2014 DUI; VC23152(B) | 1 YEAR IN JAIL | CASE DISMISSED |
| BM944083A | 23152(A) DUI | 1 YEAR IN JAIL | CASE DISMISSED |
| BM942738A | VC23512(A)>2014 DRIVE UNDER THE INFLUENCE OF ALCOHOL | 1 YEAR IN JAIL | CASE DISMISSED |
| SM120143A | VC23152(A) DRIVE UNDER THE INFLUENCE OF ALCOHOL; VC20002(A) HIT AND RUN RESULTING IN PROPERTY DAMAGE; VC20002(A) HIT AND RUN RESULTING IN PROPERTY DAMAGE; VC20002(A) HIT AND RUN RESULTING IN PROPERTY DAMAGE | 1 YEAR IN JAIL | CASE DISMISSED |
| BM824294A | VC23152(A) DUI ALCOHOL/0.08 PERCENT | 1 YEAR IN JAIL | CASE DISMISSED |
| BM953630A | VC 23152(A) DRIVE UNDER THE INFLUENCE OF ALCOHOL, VC 23152(B) DUI ALCOHOL 0.08% , VC 12500(A) DRIVE W/OUT A LICENSE, | 6 Months Jail | Wet reckless |
| BM954315A | VC 23152(A) DRIVE UNDER THE INFLUENCE OF ALCOHOL, VC 23152(B) DUI ALCOHOL 0.08% | 6 months jail | wet reckless |
| DF015507A | PC 4573 BRING CONTROLLED SUBSTANCE INTO PRISON/JAIL, HS11352 TRANSPORT SELL NARCOTIC CONTROLLED SUBSTANCE, HS11351 POSSESS PURCHASE FOR SALE, VC 23152(A) DRIVE UNDER THE INFLUENCE OF ALCOHOL, HS 11350(A) POSSESS NARCOTIC CONTROLLED SUBSTNCE | Not listed | Case dismissed |
| BF181004A | VC 2800.2 RECKLESS EVADING PEACE OFFICER, VC 23152(A) DRIVE UNDER THE INFLUENCE, VC 23152(B) DUI ALCOHOL .08 PERCENT | 3 years | Case dismissed |
| BF180040A | VC 23152(A)/23550.5(A)2 DUI W/PRIOR FELONY 23153 ,VC 23152(B)/23550.5(A)2 DUI WITH .08 BLOOD ALCOHOL W/PRIOR 23153, VC 14601.2(A) DRIVE WHILE LICENSE SUSPENDED/REVOKED FOR DUI:SPECIFIC VI | 6 yrs Prison | Felony Probation |
Past results do not guarantee or predict a similar outcome. Charges, evidence, exposure, defenses, and available resolutions vary from case to case.
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Early intervention and vigorous preparation are crucial.
The Law Offices of Mark Anthony Raimondo are available 24/7 at 661-827-8000.