OCEANSIDE DUI ATTORNEY

There is no reason why you have to plead guilty to a DUI and accept the consequences. Call an Oceanside DUI attorney at (888) 754-9860 now to discuss your rights and obtain the representation you need.

Did you know that a DUI conviction means loss of your driver’s license for months? That you will likely spend time in jail, pay thousands of dollars in fines, costs and increased insurance premiums and suffer repercussions that can last for years? Instead, retain an Oceanside DUI attorney and see what a seasoned professional can do.

Stages of a DUI

Your DUI has a civil and a criminal proceeding occurring simultaneously that your Oceanside DUI attorney will handle. These consist of:

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

Contesting a DUI

A DUI can be difficult to challenge in many cases but your Oceanside DUI lawyer has an impressive record of success. By retaining an Oceanside DUI lawyer, you can expect:

• An investigation of rights violations. Police have to follow certain procedures in stopping and detaining, questioning and arresting you.
• Looking for chemical test violations. There are dozens of ways to challenge a breath or blood test that your Oceanside DUI lawyer can examine.
• A search for inconsistencies and procedural errors in police reports, testimony and other evidence.

Improper police conduct or a failure to follow protocol in your arrest or testing procedures can result in a dismissal. And if your Oceanside DUI lawyer prevails at the DMV hearing, then criminal charges are usually dismissed or charges amended to minor, non-moving violations.

Penalties for a DUI Conviction

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 Oceanside DUI Lawyer

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