Victorville DUI Lawyer
Experienced Defense Against DUI Charges in San Bernardino County
When facing DUI charges in California, you need a dedicated and experienced legal advocate. At The Law Office of Parag Shah, we are committed to providing top-notch legal representation to individuals in Victorville and throughout California who face DUI charges. Our team of skilled attorneys is well-versed in California DUI laws and is here to guide you through the legal process with precision and expertise.
California DUI Laws
California has some of the strictest DUI laws in the nation, and being charged with driving under the influence can have serious consequences. In California, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for adults over 21. For individuals under 21, a BAC of 0.01% or higher can result in DUI charges.
It's important to note that DUI laws also apply to drug use, whether illegal narcotics or prescription medications. If you are found to be impaired by any substance that affects your ability to drive safely, you can be charged with a DUI in California.
What to Expect When Facing a DUI in California
According to California's state laws, a DUI case is technically counted as a misdemeanor. However, unlike other misdemeanors, DUIs carry particularly high penalties. This does not just include driving under the influence of alcohol and receiving any offense of being impaired for any substance, including recreational or non-prescribed drugs.
When you have been accused of this crime, you can expect certain consequences to take place, including:
- You will be forced to have your license suspended for a full 30 days after you have been charged unless you immediately arrange a hearing with the DMV and your plea proves successful.
- You will then be entered into an arraignment, and it is at this criminal process you can enter a plea, which may or may not progress to a trial.
- With the aid of a powerful attorney, you might be able to avoid a trial, but if you go to a trial, a jury will decide your outcome.
What are the Penalties for a DUI in California?
California takes DUI offenses seriously, and the penalties for a conviction can be severe. The consequences you may face can vary depending on factors such as your prior criminal history, the circumstances of your arrest, and your BAC at the time of arrest. Here are some common penalties for DUI convictions in California:
- Fines: DUI convictions often come with hefty fines ranging from hundreds to thousands of dollars.
- License Suspension: Your driver's license may be suspended, making it challenging to commute to work, school, or other essential activities.
- Probation: You may be on probation, including mandatory alcohol education programs and community service.
- Ignition Interlock Device (IID): In some cases, you may be required to install an IID in your vehicle, which measures your BAC before allowing you to start the engine.
- Jail Time: DUI convictions can lead to incarceration, with sentences ranging from a few days to several years, depending on the circumstances.
- Increased Insurance Rates: A DUI conviction can result in significantly higher insurance premiums, making it costly to maintain coverage.
- Criminal Record: A DUI conviction can result in a permanent criminal record, affecting future employment opportunities and housing prospects.
Is a DUI a Felony in CA?
In California, DUI offenses can be charged as either misdemeanors or felonies, depending on various factors. Generally, a first or second DUI offense is considered a misdemeanor. However, if you have prior DUI convictions on your record or if your actions resulted in injury or death, you may face felony charges.
Felony DUI charges in California can carry more severe penalties, including longer jail sentences and the potential for a strike on your criminal record. If you're facing felony DUI charges, seeking legal representation immediately to protect your rights and explore potential defenses is crucial.
Defenses Against DUI Charges
Facing a DUI charge does not mean an automatic conviction. There are various defenses that an experienced DUI attorney can employ to challenge the charges against you. Here are some common defenses against DUI charges:
- Improper Stop: If law enforcement did not have a valid reason to stop your vehicle, evidence obtained during the stop may be inadmissible.
- Faulty Breathalyzer or Blood Test: Breathalyzer and blood tests must be administered correctly and accurately. Any errors in the testing process can lead to the suppression of evidence.
- Rising BAC: It's possible that your BAC was below the legal limit while driving but increased by the testing time.
- Medical Conditions: Certain medical conditions or medications can affect the results of field sobriety tests or chemical tests.
- Violation of Miranda Rights: If you were not properly advised of your Miranda rights during the arrest process, it could impact the admissibility of statements you made.
- Field Sobriety Test Accuracy: Field sobriety tests are not always reliable indicators of impairment and can be challenged in court.
Our legal team at The Law Office of Parag Shah has extensive experience defending DUI cases. We will explore every available option to build a strong defense strategy tailored to your unique situation.
Contact Our Victorville DUI Attorney Today
In the face of DUI charges in California, having a knowledgeable and dedicated legal team on your side is essential. At The Law Office of Parag Shah, we understand the complexities of California DUI laws and are committed to fighting for your rights and protecting your future. If you or a loved one is facing DUI charges in Victorville or the surrounding areas, contact us today to get started.
Contact The Law Office of Parag Shah today to schedule a consultation with our DUI lawyer in Victorville!
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