DUI Defense Lawyer

If we are handling your criminal defense case, you do not have to go to court. In some cases, we may be able to have the case resolved without ever stepping foot in a courtroom. This is often done through a plea agreement with the prosecutor.

The penalties you may receive from a DUI charge depend on two factors:

• Your criminal history
• Whether you harmed anyone because of your actions

The minimum penalty you may receive for a DUI charge would occur if you did not injure anyone else while driving under the influence and if the DUI charge was your first misdemeanor in the last ten years. In this case, you may face:

• Up to six months of jail time
• Up to $1,000 in fines
• Three or nine months of DUI school

Meanwhile, you may face a felony DUI if your actions caused another person to be seriously injured or killed or you have received three or more DUI charges in ten years. In this case, you may face:

• Up to three years in state prison
• Up to $1,000 in fines
• 18 or 30 months of DUI school

Hiring an experienced DUI attorney is an effective way to receive a favorable outcome from your DUI case.

Driving Suspensions in DUI Charges

DUI charges typically result in driving suspensions. However, the suspension length you face depends on your criminal history and willingness to take a chemical alcohol test at the stop.

If you complied with the law enforcement officer and took a chemical test at the traffic stop, you will face lesser driving suspensions. For example, if your DUI charge was your first misdemeanor, you may face a four-month driving suspension. If it was your second offense within ten years, you may lose your license for one year.

However, if you refused a chemical test during the DUI arrest, you may face a one-to-three-year suspension, depending on your previous misdemeanors.

In many first demeanors, defendants can maintain their driver's licenses continually if they agree to keep an ignition interlock device (IID) in their vehicles. This device is a small, handheld breathalyzer that plugs into your car’s ignition. Before starting your vehicle, you would need to breathe into the machine to test your blood-alcohol concentration (BAC).

If you are facing a DUI charge, you will have the opportunity to defend yourself in an arraignment or trial. Hiring an attorney is the best way to present an effective defense in your DUI case and receive a favorable outcome.

There are several legal defenses that DUI defendants use to showcase their innocence in a DUI case. Here are a few of the defenses we have provided for our DUI clients in the past:

Inaccurate Breathalyzer Test

Law enforcement officers often conduct breathalyzer tests after pulling drivers over at traffic stops. These tests involve using a portable device to measure the blood-alcohol content (BAC) in an individual’s exhaled breath.

However, breathalyzer test readings are not always accurate indications of a person’s BAC. For example, these tests sometimes produce inaccurate results for individuals with gastroesophageal reflux disease (GERD).

This disease can cause an individual to produce a much higher BAC reading than is accurate. In some cases, GERD can even cause a breathalyzer test to register alcohol on a person’s breath who has not consumed any alcohol in the past 24 hours.
GERD is just one of the many factors that may skew breathalyzer test results.

Illegal Stop

Law enforcement officers must have reasonable cause to conduct traffic stops. In other words, they can’t pull you over if you are driving safely and following traffic laws.
As a result, claiming an illegal stop can often be a strong defense in DUI cases. If you can show that an officer had no reason to pull you over, the court may drop your DUI case.

Many police departments have begun requiring officers to use dashboard cameras and wear body cameras when conducting traffic stops. With the help of a lawyer, you may be able to obtain this footage to support your defense.

Insufficient Evidence of Driving

In California, you cannot receive a DUI conviction for simply sitting in your vehicle. The prosecution must be able to prove that you were operating your motor vehicle while intoxicated. As a result, if the prosecution does not have sufficient evidence you were driving, you can bring this up in your defense.