DUI Attorneys California Free Facts

When faced with a  DUI arrest and/or conviction in California, there are a number of issues to consider: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI school or do community service? Here are the basic laws regarding California DUI fines and sentencing.

Being charged with DUI / DWI can make life costly and difficult in many ways. If you believe that you have unfairly been accused of DUI / DWI it is important to seek legal assistance as soon as possible.

First California DUI Offense:
 

California Criminal Status: Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail: 48 hours, but not more than 6 months.

California DUI Fines/Costs: $390-$1,000 plus penalty assessments.

California License Suspension: 4 months suspension; restored after 30 days upon showing of hardship. 1 year suspension if under 21.

Ignition Interlock Device: Court may order use of interlock device.

Vehicle Impound: Court may order impoundment.

California DUI School: Mandatory alcohol education if under 21. Possible first offender school for 3-6 months, depending on BAC level.

California Probation: 3 years informal – no probation officer.

Community Service: In some courts, you may work off some of your fees/costs by doing community service.

Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test?

The law on this varies from state to state. As a general rule, however, there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing . In some states, there is a right to consult with counsel upon being arrested or before deciding whether to submit to chemical testing. Of course, this does not mean that you cannot ask for an attorney. However, if you have the presence of mind to ask for an attorney before taking the FST’s, then presumably you would have the presence of mind to decline to take the FST. It can only help the officer, is highly unlikely to help you, and a refusal is not penalized. This does not apply to the blood, breath or urine test though.

Do I need a lawyer or can I represent myself?

You can represent yourself -- although it a terrible idea. It is sort of like a doctor doing an appendectomy on himself.

"Drunk driving" is a very complex field with increasingly harsh consequences. There is a minefield of complicated procedural, evidentiary, constitutional, sentencing and administrative license issues.

Qualified DUI attorneys, however, can review the case for defects, have the court suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, etc. No layperson can be expert on all these issues and others. You might wind up pleading guilty on a case that might have been dismissed.

You can now find DUI Attorneys that defends against DUI / DWI charges in that state These lawyers know exactly how to handle DUI / DWI charges, and will assess the case fully in order to try and get your charges dismissed. These lawyers are well aware that a detailed process must be followed by the officer that arrests you on the charge of DUI / DWI. Failure to comply strictly with this report can result in a dismissal of charges, and experienced DUI / DWI lawyers know exactly what slip-ups to look out for in these cases.

The defense used by an experienced DUI / DWI lawyer will relate to areas such as:

  • Whether you suffered violation of your constitutional rights
  • Whether the officer concerned followed the correct procedures and regulation in a proper fashion
  • Whether you were read your rights when the officer made the DUI / DWI arrest
  • Whether the blood and alcohol level tests were properly carried out
  • Whether the equipment used to monitor blood alcohol levels was maintained and in good working order

Many cases of DUI / DWI get dismissed by experienced DWI lawyers on simple technicalities. An experienced legal expert in this field will know exactly what to look out for, and will be aware of the various loopholes that can mean the difference between a successful charge or a dismissal of charges. You can now find a number of lawyers that specialize in this field, and by going to a more experienced lawyer that has dealt with a large number of DUI / DWI cases in the past, you could increase your chances of success.

DUI / DWI laws can be very complex, which means that it is best dealt with by a legal expert if you want to successfully appeal against the charge and get it dismissed. It is also worth remembering that DUI / DWI laws can change on a regular basis, and an experienced lawyer will be able to offer up-to-date advice on any changes in law that could help you to avoid a DUI / DWI charge.

When you look for a lawyer to deal with your DUI / DWI dispute you should check on the following:

  • Whether the lawyer or law firm has extensive experience in dealing with DUI / DWI cases
  • How often has the lawyer or law firm gone to court or pled guilty to DUI / DWI
     

Picking the right lawyer for your DUI / DWI case can make a big difference with regards to having to cope with the stresses and consequences of this charge or getting the charges dismissed.