DUI

Battling DUI Charges: Your Decisive Defense Team

Northern CA Dui Lawyer

Aggressive Defense Against DUI Charges in California

Anyone who drives while under the influence of drugs or alcohol or with a blood alcohol concentration (BAC) of .08% may be charged with DUI in California. Similar rules apply to operating bikes and scooters while intoxicated and boating under the influence. Be aware that the BAC threshold is lowered for commercial drivers to .04% and underage drivers (under 21 years old) to .01%. Unlike some states, drivers cannot be charged with DUI if they are not driving (i.e., merely in actual physical control). The prosecutor must prove the act of going for a DUI charge to hold.

Are you facing a DUI charge in California? Call THOMPSON · GARCIA LAW, A Law Corporation, today at (510) 782-7580 or contact us online to schedule a meeting with our DUI attorney!

California's Implied Consent Law

In California, implied consent laws require all drivers to submit to chemical testing (such as a blood or breath test) if suspected of driving under the influence (DUI). Refusal to comply with a lawful request for chemical testing can automatically suspend the individual's driver's license for a minimum of one year. Additionally, refusal can be used as evidence of guilt in a DUI trial. It is important to note that implied consent laws apply to drivers who have been arrested for DUI and those involved in a collision resulting in death or injury.

Field Sobriety Tests

It's also worth noting that California has an "implied consent" law regarding field sobriety tests. That means if a driver is pulled over on suspicion of DUI, they are considered to have given their consent to participate in field sobriety tests if they do not explicitly refuse.

Understand Your Rights

It is essential for individuals who have been arrested or cited for DUI to understand their rights under California's implied consent laws and to seek the guidance of a qualified DUI defense attorney as soon as possible. Our Northern CA DUI attorney can help individuals understand the potential consequences of refusing a chemical test and provide guidance on navigating the legal process.

DUI Penalties in California

Upon conviction, an individual could face a range of penalties depending on how many prior convictions they have (California DUI convictions count as priors for ten years):

When is a DUI a Felony?

Standard DUI offenses are generally misdemeanors, though the presence of certain aggravating factors like the following could increase the offense to a felony, which comes with a maximum of 3 years in jail:

Causing serious injuries to another person while driving under the influence.
Causing the death of another person while driving under the influence (vehicular homicide).
Having three or more prior DUI convictions within the past ten years.
Having a prior felony DUI.

Similarly, the presence of mitigating factors could lead a judge or prosecutor to consider a lower-range sentence. For instance, if the driver was impaired due to lawfully prescribed medication or voluntarily completed a substance abuse treatment following their arrest, the defendant could face lesser penalties than the maximum.

Contact our Northern CA DUI lawyer today!

Sentencing Enhancements

With first and second convictions, the goal may be to keep the driver's license, as it could impact your ability to get to work and earn an income. However, with the above aggravating factors or multiple charges, such as the fourth in 10 years, the consequences may become more severe at the felony level.

In addition to felony sentencing, California DUI law also specifies circumstances that require more severe sentencing enhancements:

Minor Younger Than 14 Years Old in the Vehicle

Additional mandatory 48 hours in jail for a first offense, ten days for a second offense, and 30 days on a third offense.

Felony DUIs With Multiple Victims

1-year enhancement for each victim with a maximum of 3 years.

Excessive Speeding

An additional 60 days to the jail term if driving more than 20 miles per hour over the speed limit on a street or highway or over 30 miles per hour over the limit on a freeway.

DUIs in Safety Enhancement and Construction Zones

Doubled fines.

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At THOMPSON · GARCIA LAW, A Law Corporation, we understand these high risks and will tirelessly fight the charge on your behalf. We will also review the evidence against you to determine if there is a factual or legal defense, in which case we can prepare a strategy for reducing your charges to a lesser defense.

What to Know About DUI School in California

In many cases, a result of a DUI conviction is DUI school. Attendance in this program will depend on your blood alcohol content (BAC) level, whether you have prior convictions, and if there was injury or death involved.

Do I Have to Attend?

In addition to the instruction time you must give to the program, there will also be an up-front cost. Each program is different, but attendance is essential to completing each DUI program. Failure to attend will result in an incomplete program.

How Long Will My DUI Program Take?

There are different DUI programs that the judge may order you to take, depending on the circumstances. These range from a 12-hour DUI program to a 30-month program.

Contact Our DUI Attorney Today

Following a failed Breathalyzer test and a DUI charge in California, you may feel left to the harsh consequences. But, with the help of our attorneys at THOMPSON · GARCIA LAW, A Law Corporation, we can protect your rights in all types of DUI cases.

With over 60 years of combined experience, we can fight your criminal charges and minimize the penalties. We try our best to keep you out of court, exploring and negotiating alternative sentences, such as treatment programs, staying in a halfway house, or doing only weekend jail time. This can help you avoid the embarrassment of a courtroom exhibition with a discreet resolution to your case.

If you have been charged with DUI, do not hesitate to seek legal representation immediately. Our attorneys have significant experience with numerous different defense methods. On many occasions, we have proven the DUI testing equipment and tests in court to be fallible by calling into question how our clients were found to be under the influence. Whether this is your first offense or you are facing felony or even vehicular homicide charges, we know how to put up a tough fight in court. Put a confident DUI trial attorney on your side today.