San Dimas DUI Attorney

Driving under the influence of drugs or alcohol is a serious criminal offense in California, and prosecutors tend to aggressively pursue convictions and argue for the maximum possible penalties available under the law. Shortened to DUI or DWI (driving while intoxicated), this type of conviction can result in various penalties. These could include incarceration in county jail or state prison, probation, hefty fines, driver’s license suspension, and mandatory DUI education courses, as well as victim restitution if someone was harmed in a car accident caused by the DUI.

How a San Dimas DWI Attorney Can Help

Even after you satisfy the requirements of your sentence, a DUI on your criminal record can negatively impact your life in many ways for years to come. Background checks are conducted by landlords, employers, and higher education institutions, and a misdemeanor or felony DUI on your record can prevent you from securing affordable housing, finding a job, enrolling in college, qualifying for scholarships, or being approved for financial aid.

Considering how significantly a DUI conviction can affect your future opportunities, it is crucial that you contact a San Dimas DUI attorney right away if you are arrested for a DUI. Learn more about DUI charges in California below, then contact the Law Offices of Daniel P. Flores immediately after your arrest to achieve the optimal outcome in your case.

Why Hire a San Dimas DUI Lawyer?

Every American citizen charged with a criminal offense has the constitutional right to seek legal counsel. If you cannot afford a private criminal defense attorney, the state will assign a public defender to handle your case. Although many public defenders are hardworking professionals, they typically handle multiple cases at a time, making it impossible for them to devote the level of time and attention you need for your case. Hiring a San Dimas DUI attorney is the only way to ensure you receive the highest quality of legal representation and have the best chance of avoiding a conviction, reducing possible penalties, or having your case dismissed altogether.

When you choose the Law of Offices of Daniel P. Flores to manage your DUI or DWI case, he will begin investigating the details of your arrest and booking right away to determine whether the arresting officers had probable cause to stop you, upheld your rights, and adhered to the laws of due process. If your arrest was made lawfully, he will work with you to decide on the best defense strategy.

After an arrest, you have ten days to request a hearing from the CA Department of Motor Vehicles. This postpones the suspension of your driver’s license until the hearing is resolved and can sometimes allow you to avoid license suspension altogether. Hiring Daniel Flores immediately after your arrest means he can request this DMV hearing on your behalf, help you prepare, and represent you at the hearing.

Another important advantage of hiring an attorney who specializes in DUI cases is their knowledge of sentencing alternatives that can help you avoid county jail or state prison time. These alternatives may include roadside work, community service, house arrest, residence in a sober living environment, or incarceration in a private or city jail. Daniel Flores can explore these options with you, explain how they may apply to your case, and create an effective argument that convinces the prosecutor or judge to approve them.

California DUI Laws

The state of California has three main DUI laws for drivers aged 21 years and older:

1. California Vehicle Code 23152(a) – it is illegal for drivers to operate their vehicles while under the influence of alcohol.
2. CA Vehicle Code 23152(b) – it is illegal to drive with a BAC of 0.08% or higher.
3. CA Vehicle Code 23152(f) – it is illegal to drive under the influence of any drugs or controlled substances, whether illicit or prescribed, that impair driving ability.

Law enforcement officers must establish probable cause to pull you over for a DUI, meaning they must witness unambiguous evidence that you are driving under the influence of alcohol or drugs. California’s implied consent laws require you to submit to chemical testing for a DUI following a lawful arrest, and refusal to do so will result in mandatory driver’s license suspension regardless of the test outcome.

If you are found to be driving drunk, this refusal can also increase the penalties of your DUI sentence. However, you are not legally obligated to perform a field sobriety test or submit to a preliminary alcohol screening (breath test) before an arrest. Additionally, police officers must obtain a warrant to take a blood sample after your arrest unless you are under suspicion of a felony DUI or driving under the influence of drugs.

DUI offenses in California are priorable, meaning the criminal penalties of a DUI conviction will become more severe with each successive DUI conviction that occurs within ten years. This includes “wet reckless” convictions as well as out-of-state convictions that would constitute a DUI if committed in California. Most DUI crimes are prosecuted as misdemeanor level offenses unless you have four or more DUI convictions on your record or injure someone in a car accident caused by your drunk driving. DUI with injury is considered a wobbler, meaning it may be charged as a misdemeanor or a felony depending on your criminal background and the specific circumstances of the offense.

Penalties for DUI Convictions

The criminal and administrative penalties for a DUI conviction can vary based on the specific offense and can be increased in the presence of aggravating factors, but typically include the following:

• 1st Offense Misdemeanor DUI is punishable byup to six months in county jail, informal probation for three to five years, fines ranging from $390 to $1000, driver’s license suspension for four to ten months, and three or nine months of court-approved DUI school. If you are eligible for an interlock ignition device (IID), you may be able to continue driving.
• 2nd Offense Misdemeanor DUI is punishable by96 hours to one year in county jail, three to five years of informal probation, $390 to $1000 in fines, driver’s license suspension for two years (or an IID for one year), and 18 or 39 months of DUI school.
• 3rd Offense Misdemeanor DUI is punishable by 120 days to one year in county jail, informal probation for three to five years, $390 to $1000 in fines, driver’s license suspension for three years (or an IID for two years), and 30 months of DUI school.
• DUI with Injury (Misdemeanor)is punishable by five days to one year in county jail, three to five years of informal probation, fines ranging from $390 to $5,000, driver’s license suspension for one to three years (or an IID for six months), restitution to injured parties, and three, 18, or 30 months of DUI school.
• 1st Offense DUI with Injury (Felony)is punishable by 16 months to 16 years in state prison, an additional and consecutive prison sentence of one to six years, depending on the number of people injured and the severity of their injuries, $1,015 to $5,000 in fines, driver’s license suspension for one year (or an IID for one year), restitution to injured parties, 18 or 30 months of DUI school, and designation as a Habitual Traffic Offender (HTO) for three years. You may also receive a “strike” on your criminal record pursuant to the state’s Three Strikes Law.
• Felony DUI is punishable by 16 months, two years, or three years in state prison, $390 to $1,000 in fines, driver’s license suspension for a maximum of four years (or IID for one year), 18 or 30 months of DUI school, and HTO status for three years.

Aggravating Factors for Sentencing

The circumstances of your arrest and your existing criminal record may increase your county jail or state prison sentence, regardless of how many times you have been convicted for prior DUI charges. These aggravating factors include:

• A BAC of 0.15% or higher
• Refusal to submit to a BAC test upon arrest
• Driving at excessive speeds
• Causing a car accident
• Having a child under the age of 14 years old in the car (can also lead to child endangerment charges)
• Being under the age of 21 at the time of the offense

Informal DUI Probation Conditions

Along with the criminal penalties described above, any DUI sentence with probation will include the following conditions:

• You cannot drive with any measurable BAC.
• You cannot refuse to submit to a chemical blood, breath, or urine BAC test if you are later arrested on suspicion of another DUI.
• You cannot commit any other crimes.

In some cases, DUI probation may also involve:

• Mandatory attendance at Alcoholics Anonymous or Narcotics Anonymous meetings
• Mandatory participation in the Mothers Against Drunk Driving Victim Impact Program

Find a San Dimas California DUI Lawyer Now

A DUI conviction can haunt your life for years to come, even after your imprisonment term ends and your fines are paid. If you are arrested for a DUI offense, you need a San Dimas DUI attorney with the legal knowledge, litigation skills, and resources to protect your rights and mount a strategic defense against your charges.

Criminal defense attorney Daniel P. Flores is a member of the California DUI Lawyers Association, has defended hundreds of clients in DUI cases, and conducted multiple DUI jury trials in Southern California. His experience and dedication to his clients have made him one of the most respected and sought-after DWI attorneys in the area, and he is ready to help you face the criminal justice system with expert representation and legal counsel. Contact the Law Offices of Daniel P. Flores today to discuss your case.