DUI Charges: Your First Step to a Strong Defense

If you face DUI charges, your first action should be to engage the services of a talented DUI defense lawyer in San Bernardino. At the Law Offices of Vincent Hughes in San Bernardino, we provide the knowledgeable legal counsel and aggressive representation you need during this challenging time. Call us today to speak with us about your case. The earlier we get involved, the better it can be for your case. Mr. Hughes has garnered a reputation for excellence. He has received many honors and accolades, including being listed as a SuperLawyers Rising Star, The National Black Lawyers, Top 40 Under 40, an Elite Lawyer in Criminal Law, and Lawyers of Distinction. He offers financing to his clients to give them quality DUI defense counsel without paying in full upfront.

What are the penalties for DUI?

Even for first-time DUI offenders, a conviction could result in severe penalties, including:

  • Fines: For a first-time DUI offense, you could pay a fine between $390 to $1,000, in addition to other penalty assessments, which could add up to several thousand dollars or more.
  • Jail: A DUI conviction could also result in jail time, even for first-time offenders. It could be as little as 48 hours or as much as six months, depending on the details of your case. 
  • State prison: A felony DUI conviction can lead to incarceration in a state prison.
  • License suspension: It is common for first-time DUI offenders to have their license suspended, usually for six months. You could have an additional four-month administrative suspension tacked on if your blood alcohol concentration (BAC) was .08% or more.
  • Probation: You may also receive a three-year term of informal probation. You would be expected to complete a three-month DUI course (30 hours of classes). If your BAC was .20% or higher, your program is increased to nine months (60 hours of classes).

For those with prior convictions for DUI, the penalties increase in severity, resulting in the loss of more privileges. For example, you may have to attend a mandatory second-offender DUI school for 18 to 30 months and have a driver interlock device installed on your vehicle for one year. 

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When is a DUI a felony?

DUI charges are generally misdemeanors unless certain aggravating factors are present, such as a DUI accident causing bodily injuries or loss of life. A driver who has three or more prior DUI convictions (in any state – including DWI, OUI) within the past ten years be charged with a felony DUI. A felony conviction could result in a prison sentence of up to four years with fines from $390 to $5,000. In addition, if another person was killed in an accident, the accused driver may face charges of felony vehicular manslaughter. The penalties imposed can include state prison for up to six years and fines of up to $10,000.  

Drivers with three or more DUI convictions within the past ten years could be charged with a felony DUI for the current offense, regardless of aggravating factors, with penalties including years in state prison.

What can lead to being accused of drunk driving?

There is more than one way for a driver to face DUI charges in California. It can be broken down into the following:

  • If you are an adult who is 21 years of age or older and has a regular driver’s license with no other restrictions, you could be charged with a DUI if your BAC is .08% or more.
  • If you have a commercial driver’s license (CDL) and are accused of having a BAC of .04% or more, you could be charged with DUI.
  • If you are on probation for a DUI from a previous charge and have a BAC of .04% or more, you could be charged with a DUI.
    If you are under the age of 21 and have a BAC of .01% or more, you could be charged with DUI.

A DUI does not just involve alcohol. If you consumed any substance that could affect your driving, you could face charges of DUI. The following substances could also result in these charges:

  • Legal prescription drugs
  • Recreational drugs
  • Illegal drugs
  • Over-the-counter medications

If the prosecution can prove that any legal or illegal substance impaired your ability to operate a vehicle safely, you face serious legal consequences, including jail time, fines, and a criminal record.

Can you plead “not guilty” to DUI?

You have been charged with a DUI offense, but that does not mean you must plead guilty. Various issues must be fully reviewed to determine the best strategy for defending against the charge. Some of the factors in the case that could allow for a successful defense include:

  • Rights violations in the police stop
  • Errors in administering roadside or breath testing 
  • Medical conditions that can lead to an incorrect BAC reading
  • Police misconduct
  • Lab errors
  • Failure to correctly calibrate testing devices
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Why choose us to be your DUI Lawyer in San Bernardino?

If you are charged with a DUI, look no further than our DUI attorney in San Bernardino who is the skilled legal representation you need fighting for your rights and freedoms. Our San Bernardino criminal defense attorney delivers both powerful legal support and compassionate, personalized counsel. Let us help you protect your future. Reach out to our law office today to schedule an initial case evaluation to get started on your case.

FAQs

What are the potential penalties for a DUI conviction?

When does a DUI become a felony offense?

What are the BAC limits for different types of drivers in California?

What substances can lead to DUI charges besides alcohol?

Can you plead "not guilty" to a DUI charge?

How can legal counsel help in fighting DUI charges?

Why should I hire a lawyer for my DUI case?

What are the potential penalties for a DUI conviction?

A DUI conviction, even for first-time offenders, can lead to severe penalties, including fines ranging from $390 to $1,000, jail time, state prison for felony convictions, license suspension, and probation.

When does a DUI become a felony offense?

DUI charges are typically misdemeanors, but they can be elevated to felonies if certain aggravating factors are present, such as DUI accidents causing bodily injuries or loss of life or if the driver has three or more prior DUI convictions within the past ten years.

What are the BAC limits for different types of drivers in California?

In California, drivers aged 21 or older with a regular driver's license can be charged with a DUI if their blood alcohol concentration (BAC) is .08% or more. Commercial driver's license (CDL) holders can face DUI charges with a BAC of .04% or more, and those under 21 can be charged with a BAC of .01% or more.

What substances can lead to DUI charges besides alcohol?

DUI charges can also result from the consumption of legal prescription drugs, recreational drugs, illegal drugs, and over-the-counter medications if they impair the ability to operate a vehicle safely.

Can you plead "not guilty" to a DUI charge?

Yes, being charged with a DUI does not require a guilty plea. Various factors in the case, such as rights violations, testing errors, medical conditions, police misconduct, and lab errors, can be reviewed to determine the best defense strategy.

How can legal counsel help in fighting DUI charges?

A talented DUI defense lawyer can provide knowledgeable legal counsel and aggressive representation to challenge DUI charges and work towards minimizing the consequences of a conviction.

Why should I hire a lawyer for my DUI case?

Engaging the services of a skilled DUI defense lawyer's services can significantly impact your case's outcome. At the Law Offices of Vincent Hughes, we are here to help protect your future. We will help you navigate the complexities of DUI defense, protect your rights, and provide aggressive representation to help you achieve the best possible result. Contact us today to schedule a consultation.

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