SAN MARCOS DUI ATTORNEY

A DUI conviction can impact your life long after the court proceedings are over. You can lose your license for months or years if you have prior convictions. Fines and costs can strain your bank account as can the substantial increase in your auto insurance. Jail time is a near certainty and you will have a public record of your conviction that employers, landlords and others can readily see. The time to call a San Marcos DUI attorney at (888) 754-9860 is right after you have been charged.

The DUI Process

Be aware that a DUI consists of an administrative proceeding before the DMV regarding your driver’s license and your criminal case. Your San Marcos DUI attorney will handle each of these.

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

Your Advantage in Retaining a San Marcos DUI Attorney

The veteran experience of an San Marcos DUI lawyer is essential if you want to see your case dismissed, obtain an acquittal or get your charges amended. Your San Marcos DUI lawyer will do the following:

• Investigate rights violations. Police have to follow certain procedures in stopping and detaining, questioning and arresting you or your case could be dismissed.
• Carefully review the chemical test for violations. There are dozens of ways to challenge a breath or blood test that your San Marcos DUI lawyer can evaluate.
• Scrutinize police reports, testimony and other evidence for inconsistencies and errors.

Police can be careless in following procedures or proper protocol in administering chemical tests or in servicing the breathalyzer. If so, your San Marcos DUI lawyer can cast doubt on the results.

DUI Penalties

DUI sentences vary based on prior DUI convictions or if aggravating circumstances were present that your San Marcos DUI lawyer will 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 San Marcos DUI Lawyer

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