Understanding California DUI Laws: What You Need to Know

The penalties for a DUI conviction in California can be severe and vary depending on factors such as your BAC level, whether it’s your first offense, and whether anyone was injured as a result of your actions. Some common penalties for DUI convictions include:

License Suspension or Revocation: Upon a DUI arrest, under California DUI laws, the Department of Motor Vehicles (DMV) may suspend or revoke your driver’s license, even before you go to court. This administrative action is separate from any criminal charges you may face.

Fines and Court Fees: DUI convictions often result in hefty fines and court fees, which can amount to thousands of dollars.

Probation: You may be placed on probation for a specified period, during which you must comply with certain conditions, such as attending alcohol education classes and refraining from committing further offenses.

Jail Time: Depending on the circumstances of your case, you could face jail time, especially if it’s not your first DUI offense or if aggravating factors are present.

Ignition Interlock Device: In some cases, the court may require you to install an ignition interlock device in your vehicle, which requires you to pass a breathalyzer test before you can start your car.

Defenses Against DUI Charges:

Facing DUI charges under California DUI Laws can be daunting, but it’s important to remember that you have rights and options for defending yourself. An experienced criminal defense attorney like David Canty can help you explore potential defenses, such as:

Challenging the Legality of the Stop: Law enforcement officers must have probable cause to pull you over for suspicion of DUI. If they violated your constitutional rights by conducting an unlawful stop, any evidence obtained thereafter may be inadmissible in court.

Questioning the Accuracy of Chemical Tests: Breathalyzer and blood tests are not infallible and can produce inaccurate results for various reasons. Your attorney may challenge the reliability of these tests, potentially leading to a reduction or dismissal of charges.

Lack of Probable Cause: Prosecutors must prove beyond a reasonable doubt that you were driving under the influence. If there is insufficient evidence to establish probable cause, your attorney may argue for a dismissal of charges.

Violation of Miranda Rights: Under California DUI Laws, if law enforcement officers failed to inform you of your Miranda rights during the arrest process, any statements you made may be deemed inadmissible in court.

Rising Blood Alcohol Defense: Alcohol takes time to absorb into the bloodstream, meaning your BAC level may continue to rise even after you’ve stopped drinking. Your attorney may argue that your BAC was below the legal limit at the time of driving, despite registering above the limit at the time of testing.

Navigating California’s DUI laws can be complex and intimidating, but with the help of a knowledgeable criminal defense attorney like David Canty, you can effectively defend yourself against DUI charges. By understanding your rights and the potential defenses available to you, you can mitigate the consequences of a DUI arrest and work towards a favorable outcome in your case. If you’re facing DUI charges in Pomona or anywhere else in California, don’t hesitate to seek legal representation to protect your rights and future.