Murrieta DUI Lawyer
Hire Legal Muscle from Hanson, Gorian, Bradford & Hanich
Every year in the state of California alone, more than 200,000 drivers
are arrested for driving under the influence (DUI) of drugs or alcohol.
A police officer in the state has the right to ask you to submit to a
chemical blood alcohol content (BAC) test if he or she has reason to believe
you've been drinking and driving.
Because of California's implied consent laws, refusing to take this
test is a punishable offense. The law stipulates that all drivers on California
roads with state driver's licenses consent to DUI testing by an officer.
If the blood, urine, or breath test shows that your BAC is at 0.08 percent
or above, you can be arrested for driving under the influence.
At Hanson, Gorian, Bradford & Hanich, our Murrieta DUI attorneys understand
that good people can sometimes find themselves in difficult circumstances.
Backed by several decades of experience defending the accused, we understand
the road that lies ahead and can use our knowledge to help level the playing
field against the prosecution’s claims. We truly believe you are
innocent until proven guilty and we are committed to exploring every available
opportunity to secure a reduction or dismissal of your charges on your behalf.
Start Building Your Defense Today – Call (951) 506-6654
What Are the Penalties for DUI in California?
The penalties for a DUI conviction in California are notorious for being
among the toughest in the United States. If convicted of a DUI, you could
face fines, license suspension, jail time, mandatory community service
hours, and forced installation of a vehicle ignition interlock device.
For a first offense, you may have to pay up to $1,000 in fines, give up
your driver's license for 4 months, and go to jail for up to 6 months.
Subsequent offenses bring even more severe charges. For example, a second
offense can mean losing your license for a year, jail time, and compulsory
alcohol treatment. You will also have to pay for an expensive high-risk
insurance policy. More than one conviction within a 10-year period can
cause you to be classified as a repeat DUI offender and subject you to
harsh consequences. If this is your third offense, you may face jail time
as well as a two-year license suspension and mandatory alcohol treatment.
When is a DUI a Felony in California?
While most first, second, or even third drunk driving offenses are charged
as misdemeanors in California, any person who is arrested for a fourth
DUI within 10 years will almost always face felony charges. Additionally,
any DUI offense involving a collision resulting in serious injury or death
to another person can be charged as a felony.
Penalties for a felony DUI conviction in California can include:
- 180 days to 5 years in state prison
- Up to $18,000 in fines and penalty assessments
- Four-year driver’s license suspension
- Mandatory 30-month alcohol abuse treatment
Felony DUI charges are extremely serious and must be handled by a powerful
legal team in order to be successfully defended against. A felony conviction
can not only endanger your freedom, but it could also inflict permanent
damage to your reputation and ability to find suitable employment and
housing, even long after you have served your sentence. If you are facing
charges for a felony DUI it is imperative you contact our firm as soon
as possible to explore the available options for your defense.
Are All DUI Breath Tests Required?
When a person is pulled over for suspected DUI, the officer will likely
ask them to step out of their vehicle and perform various roadside sobriety
tests, some of which may involve a handheld breathalyzer test. While police
may lead you to believe otherwise, any and all preliminary alcohol screening
(PAS) tests are completely optional and are solely for the purposes of
helping the officer determine if there is enough evidence to arrest you
for DUI. It is only after you have been arrested that
DUI chemical tests become mandatory to determine blood alcohol levels.
Refusing a breath, blood, or urine test can carry the following penalties:
For a first offense: a one-year driver's license suspension and up to 48 hours in jail
For a second offense: a two-year driver's license suspension and up to 96 hours in jail
For a third offense: a three-year driver's license suspension and up to 10 days in jail
Can I Contest My License Suspension?
In the event that you should be arrested for DUI in California, your arresting
officer will confiscate your license and issue you a 30-day temporary
driving permit. When this time period expires, your license will automatically
be suspended unless you successfully contest your suspension at a DMV
administrative license suspension hearing. You only have 10 days after
your arrest to request a DMV hearing.
Your DMV hearing will seek to address the following three questions:
- Did the officer have a valid reason to believe you were driving while intoxicated?
- Were you arrested in a lawful manner?
- Was your blood alcohol concentration (BAC) 0.08% or higher at the time
of your arrest?
Depending on the DMV’s findings, your license suspension will either
be upheld or overturned. An attorney from our firm can help you prepare
for this hearing and even appear on your behalf, thereby greatly improving
your chances of maintaining your driving privileges.
Call the experienced DUI attorneys at Hanson, Gorian, Bradford & Hanich!
If you are facing DUI charges in the state of California, it is important
that you don't try to deal with them alone. Hire a Murrieta criminal
defense lawyer who can help you avoid the serious consequences of a conviction
and represent your interests in an administrative hearing about your driving
privileges with the DMV. At Hanson, Gorian, Bradford & Hanich, we
have experience in handling DUI cases in Riverside County, including Murrieta
and Temecula. We may be able to prove that your arresting officer pulled
you over without probable cause or that there was an error in the chemical
BAC test, potentially preventing a wrongful conviction. Don't wait:
Get help today.
Our firm is proud to serve clients throughout Riverside County, including
Murrieta & Temecula.