Offering Legal Representation to the Accused
A DUI in California can lead to catastrophic consequences. Individuals convicted of even a first DUI arrest may face jail time, thousands of dollars in fines, and a criminal record that could haunt them for years. Having a DUI conviction can increase the person’s insurance premiums and keep them from finding employment or housing. Furthermore, license suspension can prevent the individual from getting to work, school, and even doctor’s appointments.
If you were arrested for driving under the influence of alcohol in San Bernardino County, you should schedule a free consultation with an experienced DUI defense attorney. Your attorney can ensure your rights are protected and that you avoid having such a serious criminal conviction on your record. If you simply plead guilty to driving under the influence, you could end up with severe criminal penalties, but hiring a DUI lawyer gives you a chance to reduce or avoid them.
At Patrick Silva, Attorneys at Law, our legal team has successfully argued numerous DUI cases across San Bernardino County. This is why we’re confident we can develop a defense strategy suitable for your DUI case. Contact us to talk to a knowledgeable DUI defense attorney who is ready to help fight your DUI charges. You can reach our experienced attorneys by calling 909-500-4819.
What Are the DUI Laws in San Bernardino County?
If police officers in California have probable cause to suspect that you’re drunk driving, they can pull you over and conduct field sobriety tests. They might also administer a blood or breath test to learn your blood alcohol concentration (BAC). If it’s 0.08% or higher and you are an adult, you could be charged with a DUI offense. Minors and commercial drivers face much stricter BAC limits.
A first DUI offense is almost always a misdemeanor. However, certain aggravating factors can elevate the charge to a felony DUI, which is a more serious offense than a misdemeanor first DUI offense. For example, if you caused an accident that hurt or killed someone, you could be charged with a felony. This will increase the amount of fines, jail time, and additional penalties for your DUI conviction.
Other aggravating factors won’t typically turn a misdemeanor DUI into a felony but can result in harsher punishment. For example, if you were driving under the influence with a suspended driver’s license, had an exceptionally high blood alcohol concentration, or had a person under age 15 in the car during your DUI arrest, you could be charged with an aggravated DUI. An experienced DUI defense lawyer will help you understand your charges, penalties, and possible defense strategies, so contact our San Bernardino County law firm to discuss your DUI case.
How Do DUI Laws Apply to Minors in Southern California?
California DUI law permits zero tolerance for underage drivers to operate a vehicle while under the influence of drugs or alcohol. In other words, having anything higher than a 0.0% BAC may result in charges. This means that if a driver has consumed something that impairs their driving, even if it’s just medication containing alcohol, they could be subject to criminal charges and legal penalties.
Some examples of penalties for violating California law as a minor include:
- One-year license suspension for BAC of 0.01% or more
- One-year license suspension, $100 in fines, and mandatory alcohol education program for underage BAC of 0.05% or more
- License suspension, up to five years of misdemeanor probation, up to $1,000 in fines, mandatory alcohol education program, and up to 6 months in county jail for “actual impairment” of over 0.08%
- One-year license suspension and up to $1,000 for underage possession of alcohol in a vehicle
- Fines of up to $100 for an open marijuana container in the vehicle
For help understanding your charges and navigating your DMV hearing, contact an experienced attorney immediately. A competent DUI lawyer can assist you in getting the most favorable results possible for your DUI or drug-related charges. Call our DUI attorneys immediately to learn more about how we can help.
What DUI Penalties Can You Expect After a Conviction?
If you’re convicted of drunk driving, you’ll spend anywhere from two days to six months in county jail. Depending on the details of your criminal court case, you may be able to avoid or reduce jail time by having the sentence suspended or getting a work release. Your DUI lawyer will keep you informed on the sentencing options for your criminal case.
You will also likely be put on informal probation for three to five years after your DUI conviction. During this time, you’ll need to complete an alcohol abuse education program, pay up to $1,000 in fines, and avoid being accused of any other criminal offense.
Other DUI penalties involve your driving privileges. Your driver’s license may be suspended for six months. Once you can drive again, you’ll likely need to pay for SR-22 car insurance and get an Ignition Interlock Device installed in your car for several months. This requires you to test your breath to ensure no alcohol is detected before the car starts.
If you’re concerned about the driver’s license suspension, talk to your DUI attorney. Depending on your DUI charges, you may be eligible for a temporary license to keep driving for as long as possible. You can also ask for a restricted driver’s license to drive to school, work, or other essential destinations during your driver’s license suspension period. Your DUI attorney can attend an administrative DMV hearing to request a temporary license, but this needs to be done quickly, so contact a DUI law firm soon after your DUI arrest.
What Factors Could Enhance My DUI Conviction?
A DUI in California can result in serious penalties. However, matters become even more severe in certain cases where enhancements are present. For example, a typical first DUI is charged as a misdemeanor. But if you injured someone while driving, your charges could be increased to a felony, which can result in even more severe penalties.
Some common enhancing factors for a DUI in California include the following:
- Child endangerment – If a child under age 14 was present in the car while you were driving under the influence, you could be charged with increased penalties for child endangerment
- Excessive impairment – You may face increased penalties for having an extremely high BAC
- Prior convictions – Once you have a DUI on your record, you may face more severe penalties for each subsequent DUI in the future
- Causing severe injuries or property damage – If you caused an accident that resulted in injuries or damage, your sentencing could be enhanced
- Causing someone else’s death – Drunk driving that results in another person’s death is an extremely serious crime that can bring felony charges. If you had prior instruction regarding the dangerous nature of driving under the influence, you could be charged with vehicular manslaughter, also known as Watson Murder in California
Facing aggravating charges can be disheartening. However, there is always hope when you work with an experienced criminal defense attorney like those at our law firm. Contact Patrick Silva, Attorneys at Law immediately to get excellent legal representation in your critical circumstances.
What Are Some Defense Strategies for DUI Charges?
A DUI arrest can be scary, but you don’t have to deal with it alone. Hiring a trusted criminal defense attorney to handle your DUI case can get you on the path toward a DUI defense strategy for your situation.
An experienced DUI attorney can find ways to weaken the prosecution’s case. This might involve challenging the blood or breath test results or pointing out that the police officer did not have probable cause to pull you over and accuse you of drunk driving. DUI attorneys can also determine if your rights were violated during the investigation or trial. Any of these scenarios could potentially result in your charges being lowered or thrown out.
In addition, a DUI attorney who has handled numerous DUI cases can often find evidence or witnesses to support your claim that you were not drunk driving as charged in the prosecution’s case. They can also point out that you’re a first-time offender with no prior DUI convictions on your criminal record, which can give you an advantage in criminal court. If you’re searching for a DUI attorney who has won DUI cases like yours, contact us to begin your DUI defense case.
Should You Hire Our San Bernardino County First Offense DUI Lawyers?
When you’re accused of breaking California’s DUI laws, you may be worried about how the criminal proceedings will go. Even if this is your first DUI, you could lose your driver’s license for months and spend time in county jail. However, your chances of defeating these penalties are improved when you hire a DUI defense attorney who can make a solid defense strategy for you.
At our San Bernardino County law firm, we work hard to get the best possible outcome on all criminal defense cases. We understand that no one wants to go to jail or get their driver’s license suspended, so we create quality legal strategies to reduce penalties for DUI offenses or get cases dismissed. We handle each case with care and treat our clients with the respect they deserve. We see beyond the criminal charges to a person who deserves to have their voice heard.
We promise to use all of our talent, dedication, knowledge, and honesty to get you the results you need in your DUI case. We will work tirelessly to defend you both in and out of the courtroom. We will listen carefully to your concerns and answer your questions thoroughly so you can know what to expect at each step of the process. If you’re ready to learn about your criminal defense options during the DUI process, call 909-500-4819 for a free consultation.