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Have You Been Charged With DUI?
If you are charged with driving under the influence – DUI – in Southern California, currently or in the future, you must be advised and represented by a San Bernardino DUI lawyer, and you must get in touch with that lawyer as soon as possible.
While no guarantees can ever be made regarding the outcome of a criminal proceeding, retaining an experienced San Bernardino DUI attorney is your best hope for avoiding a driving under the influence conviction and the consequences of that conviction.
In Southern California, what does a DUI conviction entail? Will a conviction follow you and impair your ability to find work or housing? Can a DUI conviction be expunged from your record, or can the record of a driving under the influence conviction be sealed?
What Are the Penalties for a DUI Conviction in California?
The penalties for an adult who is convicted of a misdemeanor first-offense DUI in this state may include:
- four days to six months in jail
- a fine of $390 to $1000
- three to five years on probation
- participation in an alcohol treatment program or alcohol education class
- a temporary driver’s license suspension
- court-ordered temporary installation of an ignition interlock device (IID)
What Are “Enhancement” Penalties?
In some DUI cases, a sentencing “enhancement” penalty – a lengthier jail term, a more costly fine, or a longer license suspension – may be added to the usual penalties for a DUI conviction, even for misdemeanor first offenses, if the driver surpassed the posted speed limit by more than 20 miles per hour on a surface street or by more than 30 miles per hour on a highway.
A sentencing enhancement penalty may also be added to the standard penalties for any of these reasons:
- The driver’s BAC level measured at or above 0.15 percent at the time of the DUI test.
- The driver would not submit to a chemical DUI test.
- A minor under age 14 was in the vehicle as a passenger at the time of the traffic stop.
- The driver caused an injury, death, or property damage.
- The driver had a previous DUI conviction within the last ten years.
Before an enhancement penalty may be added to a sentence, the state must prove the enhancement charge “beyond a reasonable doubt” just as it must prove any other criminal charge. Second and subsequent DUI convictions in California are penalized more harshly, and a fourth DUI offense within ten years is a felony with the possibility of a lengthy prison sentence.
What Are the Other Consequences of a DUI Conviction?
You also have to consider bail, towing fees, and storage fees for your vehicle. If you are ordered to have an IID installed in your vehicle or to attend DUI classes, you’ll pay tuition for the classes and an installation fee – along with a monthly rental and maintenance fee – for the IID. There’s also a reinstatement fee when your driver’s license suspension is lifted.
However, the real cost of a DUI conviction is the “extra-legal” cost. Your auto insurance rates will go up. You’ll need alternative transportation. If you drive for a living or if your work includes driving, you may have to find other employment, and you may have difficulty finding it.
If you hold a professional license in California, a DUI conviction may trigger disciplinary action by your state licensing board. If you are not a U.S. citizen, a DUI conviction on your record may prompt a removal proceeding.
How Long Do DUI Convictions Remain on Your Record?
Expunging a criminal record erases it from all public records as if the arrest and subsequent judicial proceedings never happened. DUI convictions may not be expunged in California, but under the state’s Clean Slate Act, the record of your DUI conviction is now automatically sealed.
Sealing a record makes that record unavailable to the public – including landlords and most employers – although the record remains available to prosecutors, police agencies, and the state’s Department of Motor Vehicles. When is the record of a DUI conviction sealed?
- A DUI misdemeanor conviction with probation is sealed when the probation is complete.
- A DUI misdemeanor conviction with jail time is sealed one year after release from jail.
- A DUI felony conviction with probation is sealed when the probation is complete.
- A DUI felony conviction with prison time is sealed four years after release from prison.
How Can a DUI Lawyer Help You?
Under the Clean Slate Act, DUI convictions are supposed to be sealed automatically, but mistakes can happen. A San Bernardino DUI lawyer can help you learn if a mistake has been made and whether you are entitled to have a DUI arrest or conviction record sealed.
Even a sealed DUI conviction, however, will be considered a previous conviction if you’re charged again with DUI in the future, unless you petition the court to set aside the conviction and your petition is approved. A San Bernardino DUI attorney can help you prepare such a petition.
If you are charged with DUI, your lawyer will take advantage of every legal tool necessary to fight for the justice you need. However, if the evidence against you is overwhelming and your conviction is inevitable, in some cases, your lawyer will negotiate for an acceptable plea deal.
But with so many DUI attorneys working in Southern California, how can you find an attorney who will advocate aggressively for the justice you need and make your driving under the influence case a priority?
Why Should You Take Your Case to Patrick Silva, Attorneys at Law?
San Bernardino attorney Patrick J. Silva is a member of both the California DUI Lawyers Association and the National College For DUI Defense, which limits its membership to the best DUI attorneys in the United States.
Attorney Patrick J. Silva is also certified in Standardized Field Sobriety Tests. He has completed training under the guidelines established by the National Highway Traffic Safety Administration, and he understands how to cross-examine arresting officers and uncover the truth in DUI cases.
If you are charged with DUI, if you need to have a DUI conviction set aside, or if you are dealing with any other DUI-related legal issue – now or in the future – call Patrick Silva, Attorneys at Law immediately at 909-500-4819 to schedule a no-cost case evaluation with no obligation.
