Defending California Residents Against DUI Charges

Although most people generally understand the dangers of drunk driving, driving under the influence (DUI) is a situation in which many people unfortunately find themselves. Most people never plan on drinking and driving. Furthermore, getting a DUI is not an experience exclusively reserved for those suffering from alcoholism.

Unfortunately, one of the characteristic effects of alcohol intoxication is impaired judgment. Once someone drinks enough to get a slight “buzz,” they cannot be expected to accurately gauge when they’ve had enough.

On one hand, a DUI case may involve an uncharacteristic lapse in judgment. On the other hand, a person may be a repeat DUI offender—probably indicating an underlying affliction that adversely impacts their lives.

Penalties in Riverside County, CA

Although many DUI cases may stem from an unintended lapse in judgment, drunk driving poses a significant risk to public safety. This fact is reflected in the penalties associated with a DUI conviction. The legal ramifications of a DUI conviction can vary, depending on the specifics of a particular case. However, a person may not deserve to have their life upended because of an uncharacteristic mistake in judgment.

In Riverside County, a person charged with a DUI may face the following consequences:

• License Suspension: A person who has been arrested for a DUI may have their driver’s license suspended by the California Department of Motor Vehicles (DMV). This suspension may last from a few months to several years. He or she has the right to an administrative hearing with the DMV within 10 days of receiving a suspension order. We can help prepare and represent such a person during these proceedings.
• Criminal fines: In California, a person who has been successfully convicted of a DUI may face up to $1,000 in fines.
• Jail time: Depending on certain circumstances—such as first or subsequent offenses—a person convicted of a DUI may be sentenced to 180 days to 5 years in a California state prison.
• Felony DUI: Generally, a DUI is considered a misdemeanor under California law. However, if a person kills or seriously injures another person as a result of committing a DUI, they may face felony charges. As a result, a person can face thousands of dollars in fines. As well, he or she may face a prison sentence between 16 months and 16 years.

First DUI in Riverside County

Second DUI in Riverside County

For a second DUI conviction in 10 years, you could face no less than 96 hours in jail and up to 30 months of DUI school. You could also face fines of up to $2,000, license suspension for 1 year, and an ignition interlock device.

Felony DUI in Riverside County

In California, a third or subsequent DUI charge within 10 years is a felony DUI. This means that the penalties will increase significantly and you could permanently lose your license.

Felony DUI in California can result in up to 3 years in state prison and a fine of up to $1,000. It can also result in an ignition interlock device for at least 1 year, and designation as an “habitual traffic offender” (HTO) by the California Department of Motor Vehicles (DMV). In some cases, you may lose your license altogether.

You Need Effective DUI Defense Strategies

Make no mistake—drunk driving is a serious public safety risk. That is why the law imposes strict penalties for DUI offenses. However, the police and district attorneys sometimes miss the forest for the trees in prosecuting DUI cases.

For example, law enforcement sometimes arrests people they find sleeping in their parked cars after a night of drinking. While the circumstances strongly suggest that the elements of a DUI case may have been met, the defendants in those cases exercised a remarkable level of caution by deciding to sleep it off instead of attempting to drive home. As many judges have noted—it would be unjust to punish someone for making that decision.

Although DUI enforcement is important, the methods of investigating and enforcing the law are often dubious. Particularly, in the following areas:

• Field sobriety tests: Field sobriety tests (FSTs) are used by an officer to gauge the extent of a suspect’s intoxication. The results of such tests may be the basis for an arrest. Importantly, a person is not required to submit to FSTs. However, the legal background regarding such tests is very complicated.
• Blood alcohol content tests: Under California law, a person may be guilty of a DUI if their blood alcohol concentration (BAC) exceeded the legal limit of 0.08%. Law enforcement officers use breathalyzer tests and blood tests to determine one’s BAC. The proper implementation of such tests and the interpretation of their results may be a central issue in DUI cases.
• Consent: California has what is known as an “implied consent” law. This means that anyone who drives on California’s roads and highways has implicitly consented to have their BAC tested when arrested for a DUI. A person’s refusal to submit to a test may be used as evidence of their guilt. However, law enforcement officers are required to clearly explain the extent of your rights when it comes to refusing such tests at certain stages of a DUI stop.
• Constitutional rights: A person’s Fourth Amendment and Fifth Amendment rights must be respected during the investigation of a DUI, including their right to be free from unreasonable searches and seizures and the right to remain silent. The violation of these rights may be grounds to dismiss evidence obtained as a result of such violations.

Call Today

While the severity of a DUI conviction may be designed to teach offenders a memorable lesson about drunk driving, reasonable people don’t deserve the hardship and stigma of a DUI charge. At the Law Office of H. Charles Gorian, we will help defend you against unjust procedures and actions during your criminal proceedings, to make sure justice prevails.

We provide personalized legal services by familiarizing ourselves with your case. From there, we can tell the court a compelling story based on human compassion to appeal to the court’s sense of fairness and equity.

Schedule an initial consultation to discuss your legal options. Or call the Law Office of H. Charles Gorian at (951) 395-0511 today.