Duarte DUI Conviction Defense
Defense Lawyer in Duarte for Drinking and Driving Conviction
Due to the severity punishments that are handed out to DUI offenders charged with impaired driving in Duarte, it is always advisable to contact an experienced and highly reliable DUI Lawyer.
What To Do When Faced With a DUI Offense in Duarte, CA
A driving under the influence, also known as a DUI Conviction, can be disastrous for your future and it can be a traumatic experience, especially for first-time offenders. Those are proven guilty have to face severe penalties and fines, some of which are life-altering. The actual penalty may be different in Duarte, California as compared to other places, but wherever the incident may take place the consequences can be extremely negative.
If you have been charged with a DUI offense, the first step that you should take is to get in touch with an experienced and highly reliable Duarte DUI lawyer. With a proven track record, our defense attorneys can help you beyond compare in these cases. We can help you avoid a conviction and the resulting harsh penalties. Our team of lawyers will fight your case on technical grounds, including examining evidence collected from the site and undermining, through cross-examination, the prosecution’s witnesses. Call us immediately if you are interested in preventing a drinking and driving conviction.
Points To Consider When Challenging a DUI Conviction As per the Duarte DUI Offense Laws
There are several aspects of a DUI criminal offense that one needs to consider. A police officer can charge you when she/he has reasonable grounds to believe that drugs or alcohol impaired your operating ability of a vehicle and that you are beyond the limits of sobriety.
You can be put through physical coordination tests, and if you are found to be impaired, then blood and urine samples as well as breathalyzer tests can be taken to substantiate the DUI offense further.
Do Not Hesitate To Contact Us If You Are Facing A DUI Conviction in Duarte
Types Of DUI Charges:
Consequences Of A DUI:
Extreme Cases of Drinking and Driving Offenses in Duarte, California
An over 80 offense is usually considered an extreme offense. An accused is charged with this offense when the Blood Alcohol Concentration (BAC) in the body exceeds 80mg for a 100 ml blood sample. However, for a DUI conviction, there are some procedures that need to be followed by the authorities thoroughly.
Before giving you a California DUI breath test, an officer must continuously observe you for a period of fifteen minutes in order to ensure that during this time you do not put anything containing alcohol into your mouth, including drinks, medicines or mouth wash etc.
After the BAC evaluation has been done and it indicates an over 80mg BAC, a police officer has a reasonable ground to suspect that due to the consumption of drugs or a combination of drugs and alcohol the offense was committed within the previous three hours. In this case the police officer can make a demand on the accused to submit to an evaluation by the said officer.
If the evaluating officer feels that the person is impaired by drugs or a combination of drugs and alcohol, an approved instrument demand will be made. There may also be a demand for blood and urine samples and it is also important to note that the statute also regards fatigue toxins as a type of drug. The sample has to be directly taken in an approved instrument operated by a certified technician. The reports of the analysis made by the technician are admissible during trial. Our Duarte DUI Lawyer goes through all these procedures and will ensure that none are overlooked.
Fines and Punishments in Duarte For a DUI Conviction
The minimum quantum of punishments for a DUI conviction are:
- For a first offense DUI, up to 3 years of probation, license suspension for 6 months, jail for a period of up to 6 months and a fine that may go up of $1000.
- For a second offense DUI, up to 3 years of probation, license suspension for 24 months, fine of up to $1000 plus penalty assessments and a one year jail sentence.
- For a third DUI offense or more, up to five years of probation, license suspension for three years, fine that may go up to $1000 plus penalty assessments and a 120 days jail sentence that may go up to one year.
However, it is different if bodily harm or death has been caused due to impaired driving. If you injure someone in a DUI accident you will be facing stricter penalties. Injury DUIs can be charged as a misdemeanor or a felony. If charged as a felony, a DUI offense with an injury involved can result in a prison sentence which may go up to 4 years with fines of up to $5000. DUI cases involving fatalities are the ones where you will be charged for vehicular manslaughter or murder laws of the state. The penalties of such offenses vary greatly. The extent of sentencing depends on a number of factors:
- In case no one is killed or hurt, the maximum sentence is 4 years of jail time.
- If there is a death and the prosecutor has opted for pressing second degree murder charges, the maximum sentence is 15 years to lifetime of jail.
- If a person has suffered bodily harm because of the DUI offense, the maximum DUI sentencing is 10 years of jail time.
Preventing a Drinking and Driving Conviction in Duarte, CA with Proven Strategies
For drinking and driving offenses, we present a defense that is largely based on technical grounds. Our main strategies that help us win is investigating whether the police officer violated any constitutional rights as well as whether the breath or blood sample analyses were carried out on approved instruments and within the set time frames as laid down by the law. We also gather first-hand evidence from the site of the incident to compare with that of the prosecutor and point out discrepancies, if any, in the court.
If you are dealing with drinking and driving offenses, get in touch with us immediately for professional advice, consultation services, and defense at trial.