In California, a first offense driving under the influence conviction (DUI), can come with a penalty of up to six months in jail and/or a $1000.00 fine. But, if someone is injured while under the influence of alcohol, the prosecutor may charge the offense as a felony. Even more severe, is if the victim dies, the charge may be raised to negligent manslaughter or even murder. Subsequent convictions can also increase a DUI charge to a felony and result in prison time. If the prosecution can show that the individual accused was driving under the influence of alcohol and/or drugs, stiff penalties and consequences will result.
Over the last twenty years the laws related to DUI's have been drastically changed to make the charge more difficult to defend and a conviction easier to obtain.
There are many potential defenses when confronting a DUI charge. The first issue every DUI Lawyer should look at when analyzing a DUI charge is
why was the vehicle pulled over? If there is probable cause associated with the stop, then it should always be challenged. If it can be shown that the vehicle was stopped without the requisite legal justification, the case can be dismissed in its entirety. The 4th Amendment protects against unreasonable search and seizure, and if the officer stopped your vehicle for no reason or for a reason that is false, then that fact needs to be brought to the courtâ€™s attention.
Even if there is a valid reason for stopping your vehicle, there are many procedures law enforcement must comply with to legally obtain and administer field sobriety tests and many defenses to a rising alcohol level.
Regardless of your situation, your future and your freedom depend on the quality of legal representation you choose. That's where we come in. Our attorneys have a strong
record of success in criminal defense, DUI cases. We use our skills and experience to seek the most favorable outcome for each of our clients.
Call today for a free, no obligation consultation. An ounce of prevention is worth a pound of cure.