California DWI/DUI Lawyer

Whether you are vacationing in or visiting sunny California for business purposes or just passing through the state on another journey, and you get arrested on a DWI (driving while intoxicated) or DUI (driving under the influence) charge, you need to find an attorney in California. You will need to hire a lawyer who is licensed in California and well-versed with California laws and regulations.

You have 10 days in California to file a challenge to your case or your driver’s license will automatically be suspended. In California, a DUI charge counts as two separate cases: one with the courts and one with the DMV (Department of Motor Vehicles). Driving under the influence of alcohol or drugs is an extremely serious offense. You need a California lawyer who is knowledgeable about California’s DWI and DUI procedures.

California has basically two drunk-driving laws.

1) It is considered a misdemeanor to drive under the influence of alcohol or drugs.

2) It is considered a misdemeanor to drive with 0.08 percent or more blood alcohol concentration (BAC) in your body.

Your California lawyer will advise you of your legal rights. These include the following:

• There must have been sufficient legal facts to warrant the officer’s decision to stop and arrest you.
• You should be made aware that field sobriety tests and/or a portable breath-testing machine are not mandatory under California law.
• Once arrested, you must be read your constitutional rights (known as the Miranda law).
• You must be given a choice between a blood test or a breath test and, if you refuse, you must be told the consequences of such an action.
• If the police obtain a breath test from you at the police station and not at the crime scene, that test is not saved. Therefore, you must be given the option of also taking a blood test to have analyzed at a later time by an independent analyst.

If you are convicted of a DWI or DUI in California, possible penalties include:

• Jail time
• A hefty monetary fine
• Suspension or revocation of your driver’s license

Having a drunk-driving conviction on your record can cause you many problems later in your life. If you lose your driver’s license, if and when you get it back, your insurance rates will increase significantly. Also, potential employment could be a problem. Criminal background checks are easily done these days and accessed by any number of people for a variety of reasons. A potential employer could request a criminal background check and decide not to hire you on the basis of your DUI conviction. If you ever desire to become a driver for a commercial company, you may be precluded from obtaining a commercial driver’s license because of your DUI conviction.

DWI and DUI defense strategies can be complicated and will require the retention of a knowledgeable California lawyer with expertise in this field of work. Tougher penalties range from jurisdiction to jurisdiction, but DUI sentences have become increasingly harsher. Some of these stricter consequences include:

• If you have had a prior conviction within the last 10 years, all fines automatically increase. If you have had three convictions within 10 years, the charge would automatically become a felony and you could face state prison time.
• California imposes a much harsher sentence if your blood alcohol concentration level (BAC) is 0.15 percent or greater.
• Increased jail time for refusing to submit to a chemical test at the time you are charged.
• California charges an additional fine if, along with the DUI charge, you are also charged with speeding or reckless driving.
• In California, endangerment of a child under the age of 14 amounts to additional punishment.
• If there is an accident or injury, damages to property, or persons, additional fines would be accrued for those.

If you have been charged with a DWI or DUI offense in California, you need to find and hire a lawyer licensed and eligible to practice in California and extremely knowledgeable about the current laws pertaining to your charge.