CARLSBAD DUI ATTORNEY

Being placed under arrest and charged with a DUI can be a traumatic experience. If you took a breathalyzer or blood test and the results were 0.08%, you can lose your driver’s license. But in many cases, police make mistakes and chemical tests are not as accurate as advertised. If you have been charged with a DUI, immediately call a Carlsbad DUI attorney at (888) 754-9860.

No case is perfect and a DUI can have many issues that an experienced Carlsbad DUI attorney can review and use to your advantage. Don’t trust your case to any lawyer. Call an established Carlsbad DUI attorney for the professional attention your case needs.

The DUI Process

There are several stages in a DUI case that are handled by a Carlsbad DUI attorney:

• DMV hearing. You have only 10 days to request a hearing or your license will be immediately suspended. Your Carlsbad DUI attorney can challenge probable cause in stopping, detaining and arresting you and whether your BAC results were 0.08%.
• Arraignment. Your Carlsbad DUI attorney will plead you not guilty and obtain police reports and other records
• Prepare for Trial. Your Carlsbad DUI attorney can bring motions to contest probable cause, suppress evidence and others. A conference is also held with the prosecutor where your Carlsbad DUI attorney will try to negotiate a plea arrangement.
• Trial. If no plea agreement is reached, your Carlsbad DUI lawyer is fully prepared to try your case.

Your Carlsbad DUI lawyer may prevail at your DMV hearing or have a judge uphold a motion to suppress evidence or dismiss a case based on police errors or misconduct.

Beating a DUI

There are several ways to challenge a DUI charge:

• Rights violations. Police have to follow certain procedures in stopping, detaining, questioning and arresting you.
• Chemical test violations. There are numerous ways to challenge a breath or blood test including your physical condition, the operation and maintenance of the breathalyzer, if lab protocol was followed and others that your Carlsbad DUI lawyer can exploit.
• Inconsistencies and errors. Police reports, testimony and other evidence will be examined by your San Diego DUI lawyer for these factors that can lead to no license suspension and dismissal or acquittal of your criminal charges.

Your best opportunity for a favorable outcome lies with an experienced Carlsbad DUI lawyer.

DUI Penalties

DUI sentences vary based on prior DUI convictions or if aggravating circumstances were present.

Otherwise, these penalties typically are imposed:

First DUI or DWI

The usual penalties for a first DUI or DWI are:

1. Jail. 48 hours in jail and up to 6-months; 3-years of probation
2. Suspension of license. Loss of driving privileges for 4 to 10-months though you may be eligible for a restricted license; if BAC testing was refused, the suspension is one year
3. Fines: $390 with costs over $1,800
4. DUI classes: 3-months
5. Insurance and installation: Secure SR-1 insurance and possibly install an interlock ignition system

Second DUI or DWI

Penalties for a second DUI or DWI within 10 years of the first include:

1. Jail. 96 hours and up to one year in county jail and 3-5 years probation
2. Suspension of license. 2 year suspension with eligibility for restricted license unless testing was refused.
3. Fines: $390 to $1000 but over $10,000 in costs
4. DUI Classe 18 to 30-months
5. Installation and insurance. SR-1 insurance and Interlock ignition system

Third DUI or DWI

Conviction of a third DUI or DWI in 10 years may include:

1. Jail. 120 days to one year in county jail and 3-5 years probation
2. Suspension of license. 3 years with restricted license after 12-months
3. Fines: $390 to $1000 and other costs up to $15,000
4. DUI classes. 30-months
5. Installation and insurance. SR-1 insurance and interlock system

Fourth DUI or DWI

A fourth DWI or DWI could be negotiated to a misdemeanor.by your Gardena DUI lawyer. If a felony, you face:

1. Jail. 16 months, 2 or 3 years in jail and formal probation for up to 5 years
2. Suspension of license: 4 years
3. Fines: Up to $5000 with associated costs of up to $18,000
4. Habitual traffic offender status. 3 years
5. Mandatory DUI classes. 30-months
6. Installation and insurance. SR-1 insurance and interlock system

Commercial DUI or DWI

Commercial drivers can be convicted of a commercial DUI or DWI if their BAC is 0.04% so that their need for a Gardena DUI lawyer is imperative.

Penalties include:

1. Jail. Same as for a motorist with a Class C license for first or multiple DUI or DWI offenses
2. Driver’s license suspension.

• Loss of commercial driver’s license for one year, regardless of the vehicle you were driving
• Life-time suspension for a second conviction
• Your Class C license is also affected

3. Fines. From $390 to $1000
4. DUI Classes. Same as for other offenders
5. Insurance and installation. Possible securing of SR-1 insurance and installation of an interlock system

Call a Carlsbad DUI Lawyer

If you were arrested for a DUI, call a Carlsbad DUI lawyer today at (888) 754-9860.