POWAY DUI ATTORNEY

A DUI arrest is often a person’s first encounter with the criminal justice system. It can be a frightening if not surreal experience when handcuffed and charged. But once you get over the initial shock, immediately call a Poway DUI attorney at (888) 754-9860. It’s your best chance for a satisfactory resolution to a nightmare scenario.

A Poway DUI attorney has the experience, skills, knowledge and resources to handle all aspects of your case. With a long record of success in even the most difficult of cases, a Poway DUI attorney has the credentials you will need in offering you the best possible defense.

The DUI Process

A DUI has a civil proceeding before the DMV and a criminal one. Both are handled by a Poway DUI attorney. The stages are:

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

Beating a DUI

There are numerous ways to challenge a DUI, but it takes a skilled Poway DUI lawyer to handle these in a professional manner: These consist primarily of:

• Investigating 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 Poway DUI lawyer can examine.
• Searching for inconsistencies and procedural errors. Police reports, testimony and other evidence will be rigorously evaluated.

More often than you think, police fail to follow proper procedures. A careful examination by your Poway DUI attorney can reveal improper conduct and defects in testing.

DUI Penalties

DUI sentences vary based on prior DUI convictions or if aggravating circumstances were present. Otherwise, these penalties typically are impose

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 Poway DUI Lawyer

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