DUI Lawyer in Rialto, CA

Addressing Common Questions and Concerns About DUI Charges

Being charged with a DUI can be a life-altering event, putting you in the midst of the criminal justice system and potentially having a long-lasting effect on your future. It’s important to take on this challenge with a clear understanding of the California DUI laws and the options for defense — and for that, you need an experienced DUI attorney in Rialto.

Your DUI defense lawyers can explain your charges to you in terms you can understand so you’ll know what to expect in the legal process. Experienced legal professionals can also help you navigate the investigation procedure so you have the best chances of a positive outcome in your case. DUI defense lawyers like those at our law firm will provide a confident legal defense to minimize the legal repercussions and lasting effects of your charges. In some cases, we are able to get DUI cases thrown out altogether.

At the law offices of Patrick Silva, Attorneys at Law, our team has extensive experience helping drivers in Rialto, San Bernardino, and the surrounding area fight back against DUI charges. We offer a free consultation to new clients so you can understand how we would approach your case and what your legal options are. There is no time to lose. Please call us immediately at 909-500-4819 so we can get started defending you.

What Are the Possible DUI Charges in California?

In California, operating a vehicle — or intending to — while under the influence of an impairing substance means you can be charged with a DUI. Many of the DUI charges in California are related to drunk driving, but it’s possible to get a DUI if you have taken prescription or recreational drugs that impacted your ability to drive.

The legal limit for noncommercial drivers over the age of 21 is a blood alcohol content of 0.08 percent. The legal limit for commercial drivers is half of this at 0.04 percent. Those under the age of 21 can be charged with a DUI if they have a BAC of over 0.01 percent, which effectively means there is no legal amount of alcohol they can consume and then drive.

While it can be helpful to know the legal limit for your age and situation, DUI charges don’t actually require you to have a high BAC. If an officer notices that you appear to be impaired through your actions or how you’re speaking, they can charge you with a DUI from that alone. However, you do have to either be driving the vehicle or showing intent to drive, such as sitting in the driver’s seat of a running car, to get a DUI conviction.

If you have questions about the DUI laws in California or what is required to charge someone, the DUI attorneys at Patrick Silva, Attorneys at Law, can help. Reach out to our law offices immediately to get answers to your questions about your or a loved one’s DUI.

How Are DUIs Punished in Criminal Law?

The main factors that influence the potential sentence if you are convicted of DUI in California are whether you have any prior offenses and whether there were any aggravating factors. DUI convictions can result in jail time, fines, and your driver’s license being suspended, even if it’s the first time you’ve been arrested for driving under the influence. But in general, the more prior convictions you have, the higher the penalties. For the sake of sentencing, only convictions in the past 10 years usually count as prior offenses.

The potential sentences include:

• First offense: Up to six months in jail and up to $1,000 in fines; six-month license suspension
• Second offense: Up to one year in jail and up to $1,000 in fines; two-year license suspension
• Third offense: Up to one year in jail and up to $1,800 in fines; three-year license suspension

If it’s your first offense and no one was seriously injured, talk to one of our DUI lawyers about the possibility of pleading your case down to a reckless driving charge. This can help you avoid a DUI conviction and make it possible for you to keep your driving privileges.

When Is a DUI a Felony?

DUIs are generally charged as misdemeanors in California unless there are aggravating circumstances. These include having at least three prior convictions in the past 10 years, driving under the influence with a minor in the car, or causing an accident while impaired that resulted in serious injury or a fatality. Any of these scenarios can result in felony DUI charges, which are much more serious.

The criminal justice system takes felony charges very seriously, and these crimes are aggressively prosecuted. The potential sentences for a conviction are also much harsher. Depending on the circumstances surrounding your charges, a felony DUI could result in up to three years in jail and a fine of up to $10,000. If someone was killed in a drunk driving accident, you could be charged with vehicular manslaughter, which is punishable by up to 10 years in prison.

Don’t take any chances with so much at stake. Reach out to our Rialto DUI lawyers for help defeating your DUI misdemeanor or felony charges. We can help with various other legal matters, including domestic violence, theft, probation violations, drug crimes, and violent crimes. No case is too complex for our confident, compassionate California attorneys. Call now for your free consultation.

Should I Refuse a Breathalyzer Test to Avoid Rialto DUI Arrest?

Many individuals worry that submitting to a breathalyzer test will confirm the suspicion that they were driving under the influence. While it might seem like sound logic to refuse a chemical test, this is usually not the best way to handle your DUI arrest.

First, California residents who have a driver’s license have given implied consent to chemical testing. Refusing the test may lead to further legal penalties, including a year’s license suspension. If you are convicted of DUI, this year will add to the sentence the judge gives you in your trial.

Furthermore, refusing a test may actually make matters more difficult for you later on in your case. We recommend cooperating with police officers’ instructions, even if you don’t think they are properly administering the breathalyzer or Field Sobriety Test. Our knowledgeable lawyers know how to refute the results of these tests later in the legal proceedings, and your cooperation gives you a better image before the judge and jury.

You can rely on our law firm to handle these matters with care and discretion. We will represent you confidently in your DMV hearing and fight for your rights regardless of the results of your tests. Call our law office immediately for the assistance you need in this critical legal issue.

How Can I Defeat My DUI Charges?

Some criminal matters are handled more speedily than others. In California, a DUI is one example of an infraction that is treated severely and quickly. The prosecutors on your case will likely move quickly to build a case against you. You should not delay in getting excellent legal representation to ensure you are aggressively defended throughout the legal process.

Some actions you can take to increase your chances of a favorable outcome include:

• Cooperate with police officers during the arrest to build a good character image
• Contact trusted DUI lawyers as soon as possible to build a case that defends your rights and freedom
• Exercise your right to remain silent by not answering law enforcement questions until you’ve consulted with your DUI lawyers
• Be completely honest with your DUI lawyer so they can represent you effectively
• Avoid sharing details about your case with others, including on social media
• Construct a solid defense, ideally with the help of your DUI defense team
• With the help of your defense team, gather witness testimonies and other evidence, such as police reports, surveillance footage, and expert testimony to back up your story

Facing DUI charges can be terrifying. However, with the help of a Rialto DUI lawyer, you can proceed with confidence in your case. DUI lawyers like those at our law firm have offered legal assistance to countless clients in your situation. Our law office can help you decrease the penalties you’ll face for a DUI conviction or avoid the conviction completely.

What Is the Role of a DUI Defense Lawyer in Rialto?

When you’re charged with drunk driving after a DUI arrest, you are instantly thrown into the criminal justice system. Officers and prosecutors work together to try to secure a conviction, and you need aggressive legal representation that is devoted to ensuring your rights are upheld. It is possible to defend yourself against DUI charges, but your best chance of beating the charges is with the help of an experienced criminal defense attorney.

Criminal defense lawyers who have experience working with DUI cases know what it takes to dispute the charges or strike a plea bargain that preserves as much as possible of your freedom. They understand how evidence is collected and used by the prosecution and what strategies can undermine that evidence. Your DUI lawyers can also help you make the best decisions regarding your criminal defense, including knowing how to answer questions during the investigation period.

Criminal defense attorneys will find out what the evidence is against you and then explain your options honestly. It’s essential to understand the pros and cons of any defense strategy and what the chances of success are so that you can make educated decisions about how you want to proceed. Most importantly, a DUI defense attorney is there to be your advocate as you go through this difficult process.

Don’t go it alone when facing such intimidating odds. Contact our law offices in Rialto to learn more about how we can help you navigate the criminal justice system and defeat your DUI charges.

Should You Hire Our Rialto, CA DUI Lawyers?

When confronted with DUI convictions, our clients need help from legal professionals they can trust. There is so much at stake in a DUI case, including your driver’s license, professional future, family life, and more. This is not to mention the jail time and fines associated with a DUI. You should not take the risk of hiring just any law office when fighting a Rialto DUI.

Hiring our law firm is one of the best choices you can make when you are put under DUI arrest in Rialto, CA, and the surrounding areas. We have handled many kinds of criminal cases, including sex crimes, violent crimes, white-collar crimes, and other criminal charges. We will present evidence to give you the strongest defense possible in order to protect your rights and ensure you have the freedom necessary to live the life you’ve dreamed of.

If you’ve been charged with a DUI in Rialto, CA, Patrick Silva, Attorneys at Law, can help. We promise to use every ounce of our experience, skill, honesty, and dedication to get you the outcome you need in this critical legal issue. Call us at 909-500-4819 to schedule a consultation with a criminal defense attorney to discuss your DUI charges.