What Are the Consequences of a California DUI?

Jan 09, 2023

What Are the Consequences of a California DUI?

Let’s take a few moments to talk about DUIs in Rancho Cucamonga, California. We all have heard the risks and the problems associated with drinking and driving. But have you really considered what you could face if you make that choice?


Driving under the influence is never the right thing to do. But if you’re facing DUI charges, you’ll need to work with an experienced attorney in California.


The following guide is meant to provide you with the basics of what happens if you are arrested and charged with this offense. Use this information to learn more about the sorts of consequences you may face in these circumstances.


What to Expect After a DUI Arrest in California


If you have been arrested and charged with a DUI, you will have to defend yourself against both the prosecutor and the DMV. The DMV will attempt to suspend your driver's license due to the criminal charges. The prosecuting attorney will attempt to convict you on multiple charges related to DUI.


After being booked and processed, you will likely spend at least a few hours in jail. If this is your first offense with no injuries to other parties, you probably will not need to post bail for release. Those who have prior offenses may need to put up bail to get out of jail.


Driver’s License Suspension Information


Once you are released from jail, several other processes will begin through the California DMV. This is known as the Administrative Per Se Hearing.


Unless you take action to stop this process, your driver's license will be suspended 30 days after your arrest. You have up to 10 days to schedule an official hearing to contest this automatic suspension.


If you request your hearing within the designated time, you will get a stay of the suspension. You can continue to drive until the date of the hearing. The official hearing may come anywhere from a few weeks to a few months from when you initially requested it.


During the hearing with the DMV, you have a fairly low chance of winning the hearing on your own. Usually, the police procedures will have all the evidence they need to prove their case. This is why working with an experienced California DUI attorney is crucial.


The length of your license suspension will vary based on multiple factors. First offenses typically carry a four-month suspension for regular drivers who took a test confirming the DUI.


More serious offenses, like commercial drivers with multiple DUI convictions, could face much worse consequences. You could even face a lifetime driving ban in California under some conditions.



Restricted Driver’s License


If you do receive a driver's license suspension, you may not be completely out of luck. If this is your first DUI offense, it is possible for you to get approved for a restricted license.

Restricted licenses allow you to drive under two conditions:

  1. Driving yourself both to work or a job site and back
  2. Driving to and from a treatment facility, recovery meetings, or other similar activities

The conditions to get this license approved are quite strict in California as well:

  • You must be at least 21.
  • You must have okayed a chemical test to confirm the DUI.
  • If there was an accident due to a DUI arrest, there shouldn't be any injuries.
  • You must provide proof of insurance to the DMV.
  • You must enroll in the AB541 first-time alcohol offender program.
  • You also have to pay re-issuance fees to the DMV (usually $125).



Other Impacts of First-Time DUIs


You can also expect all of the following for your first DUI offense (all of this information can be obtained from the California DMV site):


Fines


You will likely see fines ranging anywhere from $390 to $1,000. You will also be assessed other penalty amounts to pay, which are based on the circumstances of your case.


Jail Time


Besides your initial time in jail, first-time offenders do not typically face longer jail penalties. However, you could endure anywhere from 48 hours to six months once the dust settles.


Probation


The length of your probation is commonly set to three years for a first offense. You could see that extended up to five years, though.


This probation term will also require you to register and attend a DUI school for 30 hours of coursework. More aggravated DUIs (a 0.20% BAC or higher) require longer classes at 60 hours.



When to Seek Legal Help


These represent the basics of DUI consequences. Second or third+ DUIs will increase the penalties you will face. The same is true if your DUI was exacerbated due to an accident, injuries, higher BAC numbers, and other factors.


No matter the case, you’ll see fines, license suspension, probation, jail time, and lots of time invested in classes and other meetings.


In short, you’ll want to avoid these convictions if you can. But if you’re facing this situation in Rancho Cucamonga, California it’s imperative to contact a DUI attorney today. They understand the process from start to finish. And they can help you get to the other side of the issue in one piece.


Contact us today for a consultation and to learn what options you may have available.

When to Hire a Drug Crimes Defense Attorney

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If you or someone you know has been charged with a drug-related crime in California, it can be a daunting and stressful experience. The consequences of a drug crime conviction can be severe, including hefty fines, probation, and even jail time. In such situations, hiring a skilled drug crimes defense attorney is crucial to ensuring the best possible outcome for your case. In this blog post, we will discuss when it is necessary to hire a drug crimes defense attorney in California.  Complex Legal System: The legal system surrounding drug crimes in California is complex and constantly evolving. A knowledgeable drug crimes defense attorney will have a deep understanding of the state's laws and regulations regarding drug offenses. They will be able to navigate through the legal process effectively, ensuring that your rights are protected at every step of the way. Serious Charges: If you are facing serious charges related to drugs, such as possession with intent to sell, trafficking, or manufacturing, it is crucial to hire a drug crimes defense attorney immediately. These charges carry severe penalties that can have long-lasting effects on your future. An experienced attorney will work tirelessly to build a strong defense strategy tailored to your specific case. Prior Convictions: If you have prior convictions for drug-related offenses on your record, hiring a skilled defense attorney becomes even more important. Repeat offenders face harsher penalties under California law, and having an attorney by your side who understands how to mitigate the impact of past convictions can make all the difference in the outcome of your case. Protecting Your Rights: Being charged with a drug crime does not mean that you lose all of your rights. A reputable defense attorney will ensure that your constitutional rights are upheld throughout the legal process. They will challenge any evidence obtained unlawfully and work to negotiate for reduced charges or alternative sentencing options whenever possible. Peace of Mind: Dealing with legal issues related to drug crimes can be overwhelming and emotionally draining. By hiring a dedicated defense attorney who will advocate for you every step of the way, you can have peace of mind knowing that you have someone fighting for your best interests and working towards achieving the most favorable outcome for your case. In conclusion, if you are facing drug-related charges in California, hiring a reputable drug crimes defense attorney is essential to protecting yourself and securing the best possible outcome for your case. Whether you are dealing with serious charges or have prior convictions on your record, an experienced attorney can provide invaluable support and guidance throughout the legal process. Don't hesitate to reach out for help when facing such challenging circumstances – having a skilled advocate on your side can make all the difference in achieving justice and safeguarding your future.

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Understanding Your Rights: The Role of a Murder Attorney in California

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When faced with the gravity of a murder charge in California, the importance of understanding your legal rights cannot be overstressed. Navigating the complex criminal justice system is intimidating for anyone – a journey that you should not undertake alone. This is where the expertise of a seasoned murder attorney comes into play.  The Weight of the Charge Murder, classified as either first or second degree under California law, is one of the most serious charges anyone can face. The distinction between degrees and the nuances involved can be perplexing. A murder attorney is instrumental in untangling these legal complexities, providing you with a defense designed to protect your rights and challenge the accusations leveled against you. The Vital Role of a Murder Attorney A murder attorney is more than just a legal advocate; they are your strategist, consultant, and, importantly, your protector in the legal arena. Here are key ways an experienced murder attorney can assist California residents facing such severe accusations: Navigating Legal Procedures From arraignments to preliminary hearings and trials, criminal procedures in murder cases are intricate and highly regimented. An adept murder attorney knows these procedures inside and out, ensuring that critical deadlines are met and that your case is presented effectively. Evaluating Evidence Analyzing and challenging evidence is fundamental in a murder case. Whether it's questioning the reliability of witness testimony or challenging the admissibility of forensic evidence, your attorney's ability to scrutinize the prosecution's case can significantly impact the outcome. Plea Bargaining In some instances, negotiating a plea bargain may be in your best interest. A skilled murder attorney can navigate these delicate negotiations with the aim of reducing charges or lessening sentencing, should that be the chosen path. Trial Advocacy If your case proceeds to trial, a murder attorney's role becomes that of an orator and defender. Their experience in trial procedures and familiarity with the court system in California is invaluable in formulating compelling arguments before the judge and jury. Selecting the Right Attorney The selection of an attorney should not be taken lightly. California residents need someone with a deep understanding of state laws and a successful track record in handling murder cases. Look for an attorney who communicates openly, fights tenaciously, and exhibits a comprehensive knowledge of criminal defense law. For California residents facing a murder charge, having a competent murder attorney is non-negotiable. Such an attorney plays a crucial role in the pursuit of justice, ensuring that your rights are safeguarded throughout the legal process. Though the experience may be harrowing, with the right legal representation, you can navigate through these troubled waters. Facing a murder charge in California demands vigorous defense. Seeking an experienced murder attorney at the earliest possible stage could make a significant difference in the outcome of your case. Remember, in the eyes of the law, you are innocent until proven guilty, and a capable attorney is pivotal in maintaining the scales of justice in your favor.

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Understanding Your Legal Options When a Domestic Violence Victim Doesn't Want to Press Charges

31 Oct, 2023
Domestic violence is a serious offense that affects millions of people across the world, and California is no exception. Unfortunately, it is not uncommon for victims of domestic violence to be hesitant about pressing charges against their abusers. This reluctance can be due to a variety of reasons, such as fear of retaliation or financial dependence on the abuser. The question is, what happens when a domestic violence victim doesn't want to press charges, and what legal options are available? This blog post aims to answer those questions and provide helpful information for California residents in this situation.  Firstly, it's important to understand that while it may be frustrating for law enforcement and prosecutors, it is the legal right of the victim to not press charges. Law enforcement may still have a duty to report the violence to the courts, but without the victim's cooperation, prosecuting the abuser becomes difficult. However, this does not mean that the victim is left with no legal options. In California, the district attorney can still choose to pursue domestic violence charges without the victim's participation. This is known as "pressing charges on behalf of the people," meaning that the case would be brought against the abuser on behalf of the state, rather than the victim. Secondly, the court can also issue restraining orders against the abuser, regardless of whether the victim wants to press charges or not. This means that the abuser is legally prohibited from coming within a certain distance of the victim or contacting them in any way. If the abuser violates the restraining order, they may face criminal charges and fines. A restraining order can be filed by the victim, or by the district attorney if they choose to pursue charges on behalf of the people. Thirdly, an attorney can be a valuable resource for victims of domestic violence who do not want to press charges. An attorney can help the victim file for a restraining order, and assist with other legal options such as divorce or child custody. They can also provide advice on safety planning and connect the victim with helpful resources, such as counseling or support groups. It's important to note that victims of domestic violence may be eligible for free legal aid, even if they cannot afford an attorney. Fourthly, while it may be tempting for the victim to try to handle the situation on their own, it's crucial for their safety that they seek help from a professional. Domestic violence is a serious issue, and abusers may become more dangerous when they feel like they are losing control. Talking to a counselor or therapist can also be helpful for the victim's mental and emotional wellbeing. Lastly, it's important to remember that domestic violence is never the victim's fault. No one deserves to be abused, and there is always help available. If you or someone you know is a victim of domestic violence, there are resources available in California such as the National Domestic Violence Hotline, local domestic violence shelters, and free legal aid services. It's important to get help and protect yourself and your loved ones. Domestic violence is a traumatic and difficult experience for its victims, and it can be especially challenging when the victim doesn't want to press charges. However, there are legal options available in California, such as pressing charges on behalf of the people and getting a restraining order. An attorney can provide valuable resources and assistance, and it's crucial for the victim's safety to seek help from a trained professional. Remember, domestic violence is never the victim's fault, and there is always help available.

Understanding Theft Charges in California

By Robert Little • 30 Sep, 2023
Have you ever found yourself in a situation where you unintentionally walked out of a store with an item that you did not pay for? Or maybe you were tempted to take something from a store without paying for it? You might be surprised to know that shoplifting is a serious crime in California, and can result in significant legal consequences. In addition to shoplifting, there are different types of theft charges that can result in misdemeanors and felonies. Understanding the differences between these charges and how they can impact your life is important. In this blog post, we will discuss different types of theft charges in California and how an attorney can help you. Is shoplifting a felony or a misdemeanor? Shoplifting is considered a form of theft, and the charge can result in a misdemeanor or a felony, depending on the value of the stolen item. Shoplifting involves the intentional taking of merchandise from a store without paying for it. The value of the item determines whether the charge is classified as a misdemeanor or a felony. If the value of the stolen item is less than $950, the charge is typically a misdemeanor. However, if the value of the item is greater than $950, it is considered a felony offense in California. What is theft in the 1st degree? Theft in the 1st degree is the most serious theft offense in California, and is considered a felony. Theft in the 1st degree involves the theft of property valued at $65,000 or more. A conviction for theft in the 1st degree can result in significant legal consequences, including imprisonment, fines, and restitution to the victim. What is theft in the 2nd degree? Theft in the 2nd degree is considered a misdemeanor offense, and involves the theft of property valued at less than $950. While not as serious as a felony conviction, a conviction for theft in the 2nd degree can still result in significant legal consequences, including fines, community service, and imprisonment. What is theft in the 3rd degree? Theft in the 3rd degree is the least serious theft offense in California and is considered a misdemeanor. This involves the theft of property valued at less than $50 and is classified as petty theft. While the legal consequences of a conviction for theft in the 3rd degree are not as severe as those for 1st or 2nd degree theft offenses, it is still a criminal offense and can impact your future employment opportunities. How can an attorney help me? An experienced attorney can help you understand your legal rights and help you navigate the legal process. An attorney can also help you negotiate with the prosecution and potentially reduce your charges or sentence. In some cases, an attorney may be able to get your charges dismissed altogether. Understanding different types of theft charges in California is important for anyone who would like to avoid criminal convictions and their implications. Contact an experienced attorney today if you are facing theft charges or have any questions about theft laws in your state. With the help of an experienced attorney, you can navigate the legal system and achieve the best possible outcome. Remember that theft crimes are serious in California, and the consequences of a conviction can have a significant impact on your life. Be informed and take the necessary steps to protect your legal rights. 

Consequences of a DUI in California

By Robert Little • 31 Aug, 2023
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