A driving under the influence (DUI) case is different from other types of criminal case. When an individual is charged with a DUI, the Department of Motor Vehicles (DMV) conducts its own administrative hearings independently of the criminal case. With these, police can submit their reports about a DUI case without actually providing testimonies. They are conducted by DMV employees, not judges, and have a different set of “rules” that must be met for penalties to be imposed.
As your criminal defense lawyer, I am committed to defending your case against the criminal charge as well as the administrative penalties you face.
What Constitutes A DUI?
In California and the rest of the United States, it is illegal to drive when your blood alcohol concentration (BAC) is 0.08 percent or higher. Your BAC can be measured with a breath test, a blood test, or a urine test. Usually, an electronic Breathalyzer is used to gauge drivers’ BACs. Refusing to comply with an officer’s request for a breath sample will result in an automatic one-year driver’s license suspension.
Penalties For A DUI Conviction In California
The penalties you face for a DUI charge depend on a few different factors. They are the number of previous DUI convictions on your record and whether your act of drunk driving resulted in another party’s injury or death.
You can face some or all of the following penalties:
- Driver’s license suspension;
- Jail time; and
How I Handle DUI Cases
Every case is unique, and this is true even between DUI cases. I give every case I handle the attention to detail it needs with the goal of having the client’s charge lowered or dropped entirely.
When I defend a client against a DUI charge, I explore every possible option for proving that he or she did not actually drive while impaired by alcohol. Sometimes, it is unrealistic to expect to have a DUI dropped and when this is the case, I do my best to negotiate the charge down to reduce the client’s sentence.
In both criminal and administrative DUI proceedings, I look for answers to the following questions:
- Did the arresting officer have probable cause to pull the client over?
- Was my client lawfully arrested? and
- Is there actually valid proof that his or her BAC was 0.08 percent or higher while he or she was driving? Breathalyzer results can be inaccurate, and when time elapses between when a driver had control of a vehicle and when he or she provided a sample, his or her BAC can rise as the alcohol is absorbed into his or her bloodstream.
Contact The Law Office Of Steve Whitworth To Schedule Your Free Consultation Today
If you are facing a DUI charge, start working on your defense strategy now by contacting the Law Office of Steve Whitworth to schedule your free criminal defense consultation. During your consolation, we will go over all the details of your case to determine the most effective course of action for you.