CA DUI Defense Attorney

You have legal options. Your charges may be reduced or even dismissed in court. Good results require building a strong defense, which the defense attorneys with Amicus Legal Group can do. Our California DUI defense attorneys will answer all your questions, explain the legal process to you, thoroughly investigate the charges, gather evidence, and build a strong DUI defense strategy.

Many people who are arrested for DUI in California assume their case is hopeless. This could not be further from the truth.

Law enforcement officers and prosecutors want you to believe they have airtight, science-based evidence against you. In reality, the methods used to prove drunk driving charges are not rock solid. Often, even cases with strong evidence do not hold up in court. A DUI defense lawyer knows how to find the weak spots in a case.

Your defense attorney may question whether:

• The officer violated your rights during the arrest
• The breathalyzer was faulty or improperly calibrated
• Errors in the blood test resulted in falsely high BAC readings
• Witness testimony that can challenge the charges
• Contradictory audio or video evidence
• Police officers failed to maintain a proper chain of custody for evidence

Amicus Legal Group has developed strategies for poking holes in all types of questionable DUI evidence. With an aggressive California DUI defense attorney in your corner, the charges could be dismissed entirely, reduced, or defeated at a jury trial.

Wet Reckless Plea Deals
Your lawyer may be able to negotiate a favorable plea deal on your behalf. In some cases, a prosecutor may offer to reduce a DUI charge to a wet reckless plea. A wet reckless plea is a non-DUI reckless driving charge with lighter penalties and no automatic driver’s license suspension.

There are situations in which a person with a lower BAC can still be charged with a DUI, which include:

• Commercial drivers who have a BAC level of 0.04% or higher
• Drivers under the age of 21 with a BAC level of 0.01% or higher, per VEH § 23136

California DUI Laws Also Apply to Drugs

California DUI laws also apply to drugs. Be aware that driving under the influence of drugs encompasses all drugs, not just illegal substances. Common prescription or over-the-counter medications that impair a driver’s ability can lead to a DUI charge. Painkillers and Benadryl are some examples.  Recreational marijuana can result a DUI charge as well.

Whether you are charged with DUI for alcohol or drugs, the penalties are the same, plus you may also face drug possession charges.

DUI Penalties in California

California classifies DUI as a misdemeanor. However, the penalties get harsher with each subsequent offense: 

• First Offense: You could face $1,500 to $2,000 in fines, a driver’s license suspension, and up to 6 months in jail.
• Second Offense: If committed within 10 years of the first offense, there could be a $2,500 to $3,000 fine, a 2-year driver’s license suspension, and up to a year in jail.
• Third Offense: If your third offense is within 10 years, fines could exceed $3,000, your license could be suspended for 3 years, and between 120 days to 1 year in jail. 
• Fourth Offense: With the fourth offense, the 10-year lookback period does NOT apply, and the charge is elevated to a felony. You could have fines over $3,000, 4-year suspension, and up to 3 years in a state prison. 

These penalties also include probation, installation of an ignition interlock device (IID), and DUI school. This doesn’t even account for the additional difficulties you may face outside of the legal system. You may find such difficulties as:

• Finding employment
• Increased insurance premiums 
• Social stigma and strain on your family
• Loss of educational loans and scholarships
• Finding housing

A drunk driving charge on your record can harm your reputation and restrict your freedom.

Aggravating Factors in DUI Cases

There are also other possible aggravating factors in a California DUI case that may lead to enhanced penalties:

• The driver had a BAC of 0.15 percent or higher, per VEH § 23578
• A minor was inside the vehicle at the time of the DUI arrest
• The driver was speeding or driving recklessly
• The driver was involved in a motor vehicle accident
• The driver injured or killed another party
• The driver refused to take a breath or blood test

Can You Protect Your Rights When Pulled Over on a DUI Stop?

The most important thing you should do if you have been pulled over is to comply with the officer’s instructions. It is much easier to talk yourself into jail than out of it. Follow their instructions but remain silent. Don’t make their job any easier. Let us fight the officers and district attorney for you. 

Do You Have to Take a Breath or Blood Test in California?

Yes, under VEH § 23612, you must take the test. Most California DUI arrests begin when a driver is pulled over at a traffic stop or at a checkpoint. The police officer will typically ask you to perform field sobriety tests and take a breath or blood test if arrested on suspicion of DUI. Many people do not realize that refusing the breath or blood test is illegal and can result in tougher penalties. 

If you are arrested for DUI, there are two main types of chemical tests you can be asked to take: 

• Breath Test: A breath test requires you to blow into a breathalyzer for a few seconds to measure the amount of alcohol in your breath. It gives immediate results and can be done on the roadside, at the police station, or in a hospital.
• Blood Test: A small blood sample is taken from you in a hospital. Results can take days or weeks as the sample is sent to a lab for analysis.

What is Implied Consent?

California has an implied consent law, which means that anyone who has been lawfully arrested is required to submit to a breath or blood test if suspected of driving under the influence. In addition to the standard penalties for a DUI conviction, a refusal can result in additional punishment, such as a one-year driver’s license suspension.

If you did refuse the test, your attorney can fight the refusal charge. Even if chemical test results indicate your BAC was over the legal limit, there are ways to dispute the evidence. While blood alcohol tests may seem scientific, they are not foolproof. 

Will You Lose Your Driver’s License if You Are Arrested for DUI in California?

Schedule a Free Consultation With Amicus Legal Group

If you have been arrested for DUI in California, contact Amicus Legal Group to discuss your legal options. We represent clients throughout California. 

From representing you at your DMV hearing to fighting your case in court, we are with you every step of the way. Our California DUI defense lawyers aim to get the best possible outcome in your case. Call today.