Ontario DUI Defense Lawyers

Helping Clients Navigate DUI Laws and Penalties in California

If you’re facing California DUI charges, you may be feeling overwhelmed by the legal implications and the impact a conviction could have on your future. California’s DUI law is especially stringent, and the results of a DUI conviction could have lasting implications on your career, family, and social status.

However, there is good news! With a criminal defense attorney on your side, you have much better chances of walking away with minimal sentencing or even having your charges dropped altogether. Understanding the laws involved and what defense options you have can help you feel more confident in what’s going on. A skilled criminal defense lawyer who has experience with DUI cases can provide legal guidance and support to help you navigate this situation. They can also help you build a positive character view that ensures you are treated fairly during your trial.

Being convicted of a DUI in San Bernadino County can mean you lose your driver’s license and have to pay fines or serve jail time. Coming up with a defense strategy that can help you avoid these penalties requires the assistance of an attorney who can advocate for your rights. Contact Patrick Silva, Attorneys at Law, to speak to one of our DUI lawyers. We have helped countless individuals overcome DUI charges through our honest, aggressive legal representation. We are happy to meet with you to discuss your options in a free case evaluation. Call 909-500-4819 to schedule your consultation today.

What Constitutes a DUI in California?

DUI stands for “driving under the influence,” and while this is primarily used with drunk driving charges, it can apply to other substances as well. If you are operating a vehicle while under the influence of any substance, such as alcohol or recreational or prescription medications, that impairs your ability to drive safely, you can be charged with a DUI. In this regard, you can still receive a DUI conviction without having any alcohol in your system.

For DUI charges related to alcohol, the legal blood alcohol content in California is 0.08 percent. However, there are stricter limits for commercial drivers and those under 21. Commercial drivers must have a BAC of less than 0.04 percent to be legal. Those under the age of 21 are subject to California’s zero-tolerance policy, which means that a BAC as low as 0.01 percent could result in DUI charges. You may also face harsher penalties if your case includes aggravating factors, such as child endangerment, repeat DUI, and accidents resulting in injury or death.

What Are the Requirements for DUI Conviction?

Two specific points are essential to know regarding DUI charges in California. The first is that you must have an intent to drive to be able to be charged. If you are sitting in your car without any keys or the ignition turned on, this would not show an intent to drive. However, sitting on the driver’s side of a parked car that is on could. An Ontario DUI lawyer can help you understand how the intent to drive may impact your defense strategy.

Second, you don’t have to have a BAC above the legal limit to be considered impaired. If an officer believes that there is evidence of impaired driving behavior, such as swerving, driving in the opposite direction, or slurring your words, you could be charged with a DUI regardless of what your BAC is. Contact our law offices for immediate help with this critical legal matter.

What Penalties Will I Face if I’m Convicted of a DUI?

A DUI charge can lead to misdemeanor charges, which are less serious, to felony charges, which involve severe penalties. There are three main parts involved in the consequences of a DUI conviction: fines, jail time, and loss of driving privileges. The severity of these penalties depends on many factors, including whether your DUI case is a first offense or you have prior DUI convictions.

A first-offense DUI has a maximum sentence of 6 months in jail, and you could pay a fine of up to $1,000. The potential jail time is increased to up to 1 year for a second and third offense, and a third offense increases the maximum fine to $1,800.
Being convicted of a DUI in California results in an automatic license suspension. The suspension period is six months for a first offense, two years for a second offense, and three years for a third offense. In some cases, a criminal defense attorney may be able to help you get your driving privileges reinstated to commute to work, but this isn’t always possible.

Some other factors may impact the seriousness of your DUI charges. For example, you could face enhanced punishments if you have aggravating factors like child endangerment or if you caused an accident that resulted in another person’s injury or death. If you had an extremely high BAC at the time of your DUI, this could increase your penalties further.

DUI convictions remain on your driving record for a full 10 years. Some additional repercussions of having a DUI on your record include increased insurance premiums, difficulty finding employment and housing, and loss of weapons rights. You may also experience social stigma that interferes with your personal relationships. Don’t take the risk with so much at stake. Call our Ontario DUI lawyer for legal representation.

What Are Considered Aggravating Circumstances in an Ontario, CA DUI Charge?

Any DUI conviction can lead to serious consequences that impact your ability to live your life. However, some DUI charges are more serious than others. For example, if your DUI charge is a felony, this is automatically a more severe charge than a misdemeanor DUI. There are several reasons why criminal charges are brought as felonies, including repeat offenses, possession of a weapon, and child endangerment.

While most DUI charges are misdemeanors, a fourth DUI in 10 years in San Bernardino can result in felony charges. In situations where there are aggravating circumstances, you could face felony charges even if it’s a first offense. In general, DUIs can be elevated to felonies regardless of prior offenses if there was a child present in the car or if someone was injured or killed in a DUI-related car accident.

Felony DUIs involving serious bodily injury or death may also count as a strike, according to California’s Three Strikes Law. If you have a felony DUI charge brought against you in San Bernardino County, it is critical for you to get immediate legal representation to avoid a DUI conviction. Please don’t delay. Call our law office immediately to speak with our client-focused DUI lawyers.

Can I Refuse a Field Sobriety Test?

One common concern surrounding DUI charges in San Bernardino County is whether police officers administer tests correctly. The field sobriety test (FST) involves walking in a line and performing other tasks to demonstrate whether the driver is inebriated. However, many law enforcement officers do not properly administer the FST and chemical testing to determine blood alcohol content.

California operates under an implied consent law regarding testing for impairment. While you can refuse to take a field sobriety test that involves following directions like walking heel to toe or counting while standing on one foot, you cannot refuse a chemical test without losing your license for a period of one year. In most DUI cases, it’s best to go ahead and take the chemical test, which can be a blood or breath test, and then work with an Ontario DUI attorney later on if the test shows you were over the legal limit.

It may seem natural to refuse the arresting officer and not submit to chemical testing and the FST. However, doing so may put your license in jeopardy. Please rest assured that your DUI lawyers can legally refute the failed results of these tests. Call our law offices to avoid license suspension and get the legal counsel you need when facing a DUI in the Ontario area.

What Are the Options for DUI Defense?

Some people mistakenly believe that they aren’t able to fight DUI charges if they showed a BAC over the legal limit. But you can always use DUI defense strategies to attempt to fight these charges. For example, you may be able to argue that the traffic stop wasn’t legal or that the officer didn’t have probable cause to administer a chemical test. In some cases, there may have been calibration errors with the Breathalyzer machine.

A DUI lawyer may also recommend a plea bargain in some cases. If it’s a first offense, you may be able to participate in a diversion program or plead guilty to a charge of reckless operation instead.

When you or a loved one is accused of driving under the influence in Southern California, you need the best defense possible from a knowledgeable legal team. Contact Patrick Silva, Attorneys at Law for a free case evaluation where we’ll discuss your criminal defense and help get you the best outcome possible.

Should You Hire Our Ontario, CA DUI Lawyers?

Being placed under arrest in Ontario, CA can be terrifying. On the other hand, hiring the right law firm can give you peace of mind at this difficult time. Our law office handles many DUI cases in Ontario, Rancho Cucamonga, and other locations in San Bernardino County.

If you’re facing DUI charges, call the law offices of Patrick Silva, Attorneys at Law, at 909-500-4819. Our team of DUI attorneys can help you create a defense strategy and get you back on the road as quickly as possible.