To many people, the fact that they can defend their Dui cases comes as a surprise. They think that once they have been arrested, the next thing is to serve their probation or sentence period. Fortunately, this is not the case. Those who fight their way out avoid facing the legal consequences associated with DUI. They pursue their freedom through the use of viable DUI defenses applicable to their case. If you have been arrested for DUI in California, you may consider having San Diego criminal attorney fight for you.
DUI Charges In California
Anyone charged with DUI is presumed innocent until they are proven guilty. And if proven guilty, either through a plea, you will face hefty charges. The penalties may worsen if you are found to have aggravating issues such as injuries or deaths to others. Someone charged with DUI is subjected to two separate offenses. They include:
- Driving under the influence of alcohol or drugs
- Having the BAC concentration of 0.08% or more
If you have been arrested with DUI, this doesn’t mean the judge will convict you. But if you are lawfully arrested and convicted, you will face criminal penalties. The penalties you will receive will depend on whether you were convicted for a first, second, or third offense. Penalties may be applied as below:
- 1st-time offense: A first time DUI offense is considered to be a misdemeanor. You will be jailed for less than a year. But if you have any aggravating factors, your jail time may go up.
- 2nd-time offense: This is considered a misdemeanor. You can be put on probation of about 3-5 years, or even have your license suspended. If your license is suspended, you can apply for a restricted ignition interlock
- 3rd time offense: A 3rd Dui is a misdemeanor. You may be subjected to 3-5 years of informal probation, lose your license suspended for three years. Additionally, the court may order up to one year in jail.
When Is A DUI Considered A Felony?
Any DUI which involves injuries or death is considered to be a felony. Again, if one has more than three DUI convictions, it may also fall under a felony. However, every state depends on different facts of a case to determine whether a DUI is a felony or not.
DUI Defenses
An experienced lawyer is capable of fighting for your DUI charges with the best defense strategies. The main DUI defenses include:
- There was no probable cause of arrest: Any DUI arrest requires a probable cause for your car to be stopped. If the judge is made to believe that you were pulled over for no legitimate reason, then they will declare the evidence obtained inadmissible in court.
- Wrong chemical test results: Through the help of a lawyer, you can prove that the results of the test are unreliable as the procedure had some flaws.
- There were no Miranda warnings: If the police arrested you without reading the Miranda warning, any statement produced might not be used against you in court.
The above are but a few defenses that can be used if you have been arrested for DUI. The best option would be to speak to an experienced DUI lawyer immediately after arrest to determine the right defense to help fight for your DUI charges.