A DUI arrest can be scary. Many assume they have no chance and plead guilty without consulting with a good DUI attorney. DUI penalties, including hefty fines and driver’s license suspension, can be devastating. However, there are many ways a DUI can be fought and won. And having a good DUI attorney on your side can make all the difference.
DMV Process – Time is of the Essence!
Your license can be automatically suspended unless you contact the DMV within 10 days after your arrest to request a hearing. We can place a stay on your license, allowing you to continue driving while we fight your case in court. We then fight your suspension at the DMV hearing. If the DMV finds in our favor, your license will be saved. If it finds against you, your license will be suspended but you may be able to apply for a restricted license usually within 30 days to allow you to continue driving.
DUI Penalties
1st time DUI – Up to 6 months in jail; $390-$1000 fine; 3, 6 or 9 month alcohol class; 6 month suspension of license with IID (interlock ignition device)
2nd time DUI – 4 days to 1 year in jail; $390-$1000 fine; 18 or 30 month alcohol class; 1 year suspension of license with IID
3rd time DUI – 120 days to 1 year in jail; $390-$1000 fine; 30 months alcohol class; 2 year license suspension
DUI with injury (misdemeanor) – 5 days to 1 year in jail; $390-$5000 fine + restitution; 3, 18, or 30 months alcohol class; 6 month license suspension with IID
Felony DUI – 16 months, 2 years or 3 years in state prison; $390-$1000 fines; 18 or 30 months alcohol class; up to 5 years of driver’s license suspension
Court Process
You will most likely be charged with VC §23152(a) & (b) (unless someone was injured). We can attend all court hearings on your behalf without your presence, until the case is resolved or goes to trial. We take the time to collect evidence, investigate your case, prepare possible motions, and negotiate with the prosecution to obtain a dismissal or reduction of your charge. We will fight for you, from your arraignment all the way through trial.
Common DUI Defenses and Tactics
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- Unlawful Stop– an officer needs “Reasonable Suspicion” to make a traffic stop. If we can prove that the cops didn’t follow the proper procedures, we can get the evidence thrown out.
- Unlawful Arrest– an officer needs “Probable Cause” (slightly higher requirement) to conduct DUI investigation and arrest you. If we can prove the cops made an unlawful arrest, we can get the evidence suppressed.
- Field-Sobriety Tests– the cops will almost always testify that you failed these tests. If you did end up doing these optional tests we can attack them and explain other possible causes like fatigue, your clothing, natural physical disability, allergies etc.
- Title 17 Regulation Violations– an officer must follow proper administration of blood and breath tests, i.e. 15 minute observation, proper administration of tests, proper calibration and maintenance of breath testing equipment, proper collection and storage of blood. Any of these findings can be used to obtain a favorable plea bargain, lead to a dismissal, or even a not guilty verdict from a jury.
- Rising Blood – the prosecution has to prove that you were impaired at the time of driving in order to convict you of a DUI.If your blood alcohol levels were rising when you were pulled over, you may not have been driving under the influence.
To Have The Best Chance…
Stay calm, be polite, decline any optional field-sobriety tests, exercise your right to remain silent, and contact us immediately!
Nobody knows your case better than you! We want to hear your side of the story. We have a proven track record and may be able to get your charges reduced or even totally dismissed. We work with you, developing your defense to get you the most favorable result. Call us now to schedule a free consultation.
