Being arrested on a DUI charge is a very serious issue. A DUI conviction may result in a loss of your driving privileges, jail time, increased insurance rates, ignition interlock requirements, financial uncertainty, and future employment consequences. If you, or somebody you know, is faced with a DUI charge, it is imperative to contact the San Bernardino DUI lawyers at San Diego Criminal to receive the best representation for defending your interests.
In California, one of the more complicated areas of criminal law is California DUI law. In order to defend a DUI case effectively requires being knowledgeable in all relevant DUI investigation procedures and surrounding breath and blood testing for drugs, prescription medications, and alcohol. In order to defend your case successfully, you need to have a DUI defense expert on your side.
Why Should I Hire a San Bernardino DUI Lawyer?
An attorney is highly educated and trained on legal matters, which is the most obvious reason. You do not your cased to be resolved and be left wondering if there were any mitigating issues that should have been raised that might have led to either a dismissal or reduced charge. Contact the DUI Lawyers at San Diego Criminal today to find out what we can do to help you.
Will a San Bernardino DUI Attorney Charge Me for an Initial Consultation?
Here at San Diego Criminal, no you will not. Our office offers a free initial case evaluation and you are under no obligation to obtain a professional case evaluation. We also offer all of our clients with very affordable payment plans.
How Much Does it Cost to Hire a San Bernardino DUI Lawyer?
Several payment methods, which include credit card payments and financing options are offered by San Diego Criminal. We understand that this is a completely unplanned and unfortunate expense. We can help with a payment arrangement that will work best for you.
Why Should I Hire a DUI Attorney as Opposed to a Public Defender?
It is a really good question and one of the main ones we are asked. There are some very good public defenders. However, by the nature of these positions, public defenders have a tendency to have to juggle really large caseloads across a wide range of various crimes. They will not be fully prepared, in most cases for all of the various scientific aspects and other technical issues that can complicate a DUI case. A public defender also will not defend your driver’s license and represent you at your DMV hearing.
Whenever you are faced with potentially life-changing and severe consequences associated with a DUI charge, you need to make sure that your attorney has the resources, confidence, and experience to comprehensively defend your case.
Also, in order to qualify for a public defender’s services, you must prove that you are unable to afford an attorney. When you are assigned a public defender, and you are able to prove indigence, then you will be assigned to the same public defender that all the other indigent defenders are who have a case that day in court. Your case will not receive due attention since it will be just one of many that the public defender must deal with that day. Your interests and rights will not receive the same level of protection that can be provided by a private attorney. We will work hard to ensure that your case receives the vigorous defense, care, and attention that it deserves when you retain the services of our San Diego Criminal San Bernardino DUI Attorney.
What Should I Do if I’m Charged With a DUI in San Bernardino?
You should start by attending free consultations in order to find a qualified lawyer to start on your defense and get in touch with the DMV to have a stay placed on the suspension of your driver’s license. It is critical to retain a proactive attorney. There is so much that can be done between now and the date of your first court hearing. That is one of the many reasons why I recommend that people not use a Public Defender if they can avoid it. That also means finding a lawyer who will start to work on your case as quickly as possible.
What Happens After a DUI Arrest in San Bernardino?
The first thing that the police officer will do is forward a copy of their completed notice of driver’s license revocation or suspension form immediately to the DMV along with any driver’s license that was taken into possession and a sworn report. An administrative review will then be conducted by the DMV, which includes examining any urine breath or blood results, along with the license revocation or suspension order and the officer’s report.
If your license revocation or suspension is upheld, you can request an APS/DMV hearing to contest your revocation or suspension. A hearing must be requested within 10 days of receiving the order.
If the review demonstrates there is no basis for the revocation or suspension, then the action is set aside and the DMV will notify you in writing of the result.
If the California DMV Suspends My License Will I be Able to Drive?
If your driver’s license is suspended by the DMV you will hard a “hard” suspension of 30 days. You will be unable to drive during this time. After the 30-day period is over, you will most likely be able to get a restricted license as long as you complete the terms that are required.
Will I Lose My License if I’m Charged With a DUI in San Bernardino?
Not always. It is essential to immediately take action. You only have 10 days to respond and request a hearing with the California Department of Motor Vehicles. San Diego Criminal, in most cases, can assist you in retaining your driving privileges. Ultimately, it is the DMV who decides whether or not your driver’s license will be suspended.
Can I Win My DMV Hearing If My BAC is Over .08 Percent?
Yes, you can. The facts involved in your case might still provide a credible defense for you. We will exploit any weaknesses in the case against you and identify opportunities that point in your favor. More is at issue during an APS hearing than only your blood alcohol level.
Can I be Arrested and Charged with DUI if my BAC is Below .08 Percent?
Any BAC level may potentially result in a DUI arrest if you were driving any motor vehicle. The police officer, ultimately, will have formed her or his opinion on whether or not you were impaired for driving based on your driving behavior that was observed and your field sobriety tests performance.
What Happens at My First Court Appearance?
Your first court appearance is referred to as an “arraignment.” At this court appearance, you will be requested in entering a plea (no contest, not guilty, or guilty). The police report that was taken when you are arrested as well as a complaint will be presented to the court. We will already be hard at work on your case if you have retained a San Bernardino DUI Lawyer at San Diego Criminal.
Will I Be Required to Attend My First Court Appearance?
In a majority of cases, it will not be necessary for you to be present for your arraignment if you have retained a lawyer and have been charged with a San Bernardino DUI misdemeanor. However, if you were charged with a San Bernardino DUI felony, it is mandatory for you to attend your arraignment. Either way, San Diego Criminal will be at your arraignment.
Can I Be Charged With DUI if I Was Pulled Over for a Minor Traffic Violation?
It is probable cause that gives a police officer the ability to stop you if you have been observed speeding, committing a crime, or committing any other kind of traffic violation. If, given all of the circumstances in total, she or he suspects that you were driving under the influence, is able to smell drugs or alcohol, you admit that you were drinking, etc., or you might be asked to blow into a Breathalyzer or perform field sobriety tests. If it is determined by the police officer that you were impaired for driving purposes, then you may be arrested on a DUI charge.
Will A San Bernardino Court Look at Previous DUI Cases?
In the majority of cases, a prior DWI or DUI conviction will be a significant consideration when plea bargaining or trying your case. Your permanent criminal record is something that the court has access to. If you are convicted in San Bernardino of a DUI, this conviction will be considered to be a multiple (i.e. second) offense. Most likely you will be faced with more serious penalties, like higher fines, a longer jail sentence, and a more extensive court-ordered alcohol rehabilitation program. In this case, it is absolutely critical to have high-quality defense attorney representation. The issue is here whether or not there is sufficient for the prosecution to be able to establish that you have a valid prior. That is another reason why you should hire a qualified lawyer to defend your case for you.
Will I Go to Jail for a DUI?
It depends, is the short answer. It will depend on the facts of your new case, your other criminal history, and your previous drunk driving convictions. However, if you are required to serve any jail time, the criminal defense lawyers at San Diego Criminal can negotiate with the prosecutor in order to get alternative sentencing like community service, public work service, and home confinement. Our goal is keeping our clients out of jail if at all possible. Call us now to discuss what the potential penalties for your specific case are.
Contact the Experienced San Bernardino DUI Lawyers at San Diego Criminal
When it comes to selecting a DUI attorney to defend you at the DMV and in court, there are numerous choices that are available. San Diego Criminal has the expertise and experience in DUI defense and we are fully committed which is what makes us stand apart from the rest. We have the necessary scientific and legal knowledge that is needed to defend your DUI case effectively at the DMV and in Court. Contact San Diego Criminal to get your Free Initial Consultation scheduled today.