DEL MAR DUI ATTORNEY

A DUI can take you by surprise. Driving home after a dinner out or office party, a police officer pulls you over because he didn’t like how you were driving and soon after arrests and charges you with a DUI.

Instead of brooding about it, call a Del Mar DUI attorney at 888-888-8888. A Del Mar DUI attorney has years of experience negotiating and trying numerous DUI cases and has gotten countless cases dismissed, reduced to non-alcohol related offenses or won acquittals at trial.

Steps in a DUI Case

A DUI has a civil and a criminal proceeding-one concerns the suspension of your driver’s license and the other pertains to your criminal case. Both are handled by a Del Mar DUI attorney. The stages are:

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

Challenging a DUI

A DUI can be difficult to challenge but your Del Mar DUI lawyer has an impressive record of success. By retaining an Del Mar DUI lawyer, you can expect:

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• An investigation of rights violations. Police have to follow certain procedures in stopping and detaining, questioning and arresting you and can overstep their authority.
• Review for chemical test violations. There are dozens of ways to challenge a breath or blood test that your Chula Vista DUI lawyer can examine.
• A search for inconsistencies and procedural errors. Police reports, testimony and other evidence will be examined and presented in a motion to dismiss or suppress evidence.

Unlawful police conduct or a failure to follow protocol in your stop or arrest or in testing procedures can result in a dismissal or acquittal. Have your Del Mar DUI lawyer handle your defense.

DUI Penalties

DUI sentences vary based on prior DUI convictions or if aggravating circumstances were present that your Del Mar DUI lawyer can advise you on.. 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 Del Mar DUI Lawyer

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