When you operate an automobile under alcohol or drug influence, you not only risk your own life but also put other road users in harm’s way. There is a large number of road accidents that result from drunk drivers who lose control of vehicles on the roads in California. That is why the California DUI laws have stringent measures that get imposed on individuals who exhibit this behavior. While you are drunk driving, you can cause accidents and injuries to other people. This will attract criminal charges for driving while intoxicated and other offenses. If you get convicted for drunk driving, you are likely to face severe legal and social consequences. Therefore, when you find yourself facing these charges, some legal guidance could go a long way for you. At San Diego DUI Attorney, the professionals will do everything to ensure your rights are protected for the best possible case outcome.
How Pauma Valley DUI Attorneys will Handle your Case
Deciding what to do when you get arrested and faced with DUI charges could be difficult. There are three options you can exploit when dealing with DUI charges in California, including:
It is not mandatory to get legal representation in any criminal case. However, representing yourself is a bad idea. This is because you are likely not to be familiar with the legal process that is required to navigate a drunk driving case.
Use of Public Defenders
Most public defenders are conversant with the process and have a good relationship with prosecutors. However, these defenders have a limited range of resources and are likely not to dedicate much time to your case. Also, you don’t get to choose the person with whom you are comfortable sharing your experience.
Hiring a Private Attorney
Winning your DUI case and evading the severe legal penalties is what everyone wants when they are facing criminal charges. If you want an easy and fruitful process, you will want to hire an attorney who can invest time and resources to your case. Contacting a DUI attorney should be one of the crucial things you need to do. Having top-notch legal guidance and representation will ensure you say and do the right things for the best outcome in your case. Our knowledgeable attorneys will do the following to ensure success in your DUI criminal case:
Meeting you as soon as you make contact.When you get arrested, calling an attorney is one of the essential things you need to do. As soon as you contact us, we make an effort to meet you personally. We will listen to your account of what happened as best as you recall. We will give you detailed advice on the way you need to conduct yourself, what to say and when to stay quiet.
Inform other parties of our legal representation.Your lawyer will then inform all other parties involved in the case that they will be handling all your legal matters. In this case, any information regarding the situation will be relayed through the lawyer. This will also ensure that you aren’t subjected to further questioning without the presence of your attorney.
Start collecting evidence. Especially in cases where the DUI criminal case results from an accident in which you were involved, there are several pieces of proof required for your case. When you are faced with charges such as DUI murder, it should be clear that you were at fault for the accident. Therefore, your attorney will help you collect all evidence that could be necessary for your case.
Subpoena the arresting officer to appear to court.When need be, your attorney could call upon the officers who arrested for DUI. There is a legal procedure that needs to be followed when calling upon the officers as witnesses to your case, and a knowledgeable attorney can guide you through the process.
Represent you in the trial.If you are battling DUI charges, you will not necessarily get convicted. Some defenses can apply to avoid getting convicted. Your attorney can twist around the evidence brought against you in our favor during the criminal case. Since the attorney has more experience on how the DUI criminal Proceedings and DMV hearings are carried out, they will guide you in presenting relevant arguments.
Crucial Evidence in DUI Related Cases
Like other criminal cases, there is evidence that needs to be submitted before you are convicted for drunk driving offenses. Evidence could either be brought against you by the prosecutor or against you by your DUI attorney. Standard pieces of evidence that are crucial for DUI cases include:
Testimony of the Arresting Officer
A traffic officer arrests DI checkpoints or accident scenes. Before you get arrested, they observe your behavior to identify possible signs of intoxication. Also, the officer is likely to capture what you say and how you respond to questions. During your criminal trial, the officer is one of the witnesses that get to testify against you. However, a Pauma Valley DUI Attorney could twist the testimony to your advantage.
Police Dashcam Video
Police dashcam is a tiny camera often present on police vehicles which capture your encounter and interaction with the officers. When preparing for the case, your attorney can request for that video. Ways in which the video can be used include:
- Indicating misconduct in police behavior. Specific procedures should be followed during an arrest. This includes the duration in which field tests are carried out among others. If the systems are not followed as per the law, the evidence collected could get dismissed. The indication of how officers behave during the arrest is shown on the dashcam video.
- Highlight issues in your case. When presenting defense for your criminal case, some of the things you point out may be double-checked in the video. If the arresting officer alleges that your behavior displayed intoxication, the prosecutor may use it against you.
Results of Chemical Tests
Before and after an arrest for drunk driving, you are required to submit to some tests which check your blood alcohol content. Before the arrest, the arresting officers use a Breathalyzer device to check alcohol content in your breath. On arrival at the police station, you will give a blood sample for BAC testing.
The blood and breath tests are among the most reliable pieces of evidence available in your criminal. However, with guidance from a knowledgeable attorney, these results can be disputed. If you are successful in challenging the legitimacy of the results it brightens your chances of success in the case.
Costs You Incur in a DUI Case
Getting arrested and convicted for an offense arising from drunk driving in California can be quite draining. Besides the jail or prison sentence you receive and the social consequences of the record, the charges can affect your financial life. A DUI charge is a costly expenditure for any person in the state of California. The following are some costs you are likely to incur from the time you are arrested until the conviction for DUI:
Cost of the impounded vehicle.Cost of the impounded vehicle. Driving under alcohol or drug influence is an offense in California. After an arrest, you cannot be allowed to follow the police in your car. You will have to abandon your vehicle and ride with the arresting officers to the station. Calling someone to pick the automobile is not always an option, and it will get towed away. When you are released from custody, you need to pay the towing fee before getting possession of your vehicle.
Bail costs.Bail costs. No one wants to spend time in a jail cell, and you will want to get out as soon as possible. DUI is a bailable offense, and you can secure a release by posting bail. However, most bail amounts are enormous, and you may lose the money if you fail to appear for your DUI hearing.
Administrative costs.Administrative costs. Drunk driving cases will always attract action from the DMV. The most common action taken against you by the motor vehicle department is an attempt towards license suspension. When your license gets suspended, you will need to pay a certain amount of money to get it reinstated. However, you can avoid the DMV costs by hiring competent legal representation and ensuring you do not get a suspension altogether.
You will pay fines and assessment fees ordered by the court.You will pay fines and assessment fees ordered by the court. Monetary fines are one of the legal penalties you get subjected to after a DUI related conviction. The amount you will be required to pay in penalties will significantly depend on individual factors of your case.
Victim restitution.Victim restitution. Victim restitution is the payment made to victims who suffered injuries in an accident. If you caused an accident while drunk driving, you will be required to compensate the victims for the damages they suffered.
DUI programs.DUI programs. Drunk driving is a behavior that is not tolerated by California law. Enrollment in DUI School or for an alcohol education program is among the penalties you will face for DUI. Also, it is vital to understand that these programs will require payment.
IID installation.IID installation. An arrest for DUI will trigger a license suspension. However, you may be allowed to continue driving upon installation of an IID, and you have to foot the bill for the device.
Insurance increase.Insurance increase. Should you get arrested for drunk driving, your motor vehicle insurance provider will come to know of the charges you are facing. Offenses like DUI may cause you to get labelled as reckless driving. This will compel your insurance company to increase your premiums for the insurance coverage.
Things that a DUI Attorney Can Do for You
The process of battling drunk driving charges could be quite frustrating. DUI cases have many factors that come into play between the arrest and conviction. Therefore, contacting a Pauma Valley DUI Attorney would be of great help for your situation. Some things that the attorney can do for you and are quite challenging to deal with on your include:
Advising You on What to Say and When to Say It
During a DUI arrest process, you may be quite shocked to know the right thing to say. The arresting officer will ask you several questions regarding the incident and your behavior at the time of the arrest. In the event where the arrest was made after involvement in a collision, what you say can be used to incriminate you. Therefore, it is always crucial to contact your attorney immediately. When you speak with your attorney, they can advise you on what to say in case of an interrogation. Also, an attorney who is knowledgeable on DUI law can let you know when to stay silent to avoid getting incriminated with your words.
Help You Keep Track of Legal Proceedings
Most aspects of a DUI criminal case will work on specific deadlines. This will include the motions that need to be filed and paperwork that is submitted for the case. Some evidence for your case, including footage from the police vehicle needs to be obtained within a specific period. Also, after an arrest, the motor vehicle department may attempt to suspend your license. You are expected to schedule a hearing where you will try to contest the license suspension action.
Some of the activities required for your DUI case are so much on the legal side and may be difficult for you to understand. Your Pauma Valley DUI Attorney will ensure all your documents and motions are submitted within the deadline and increase your chances of success in the criminal case.
Understand How the Local Courts Deal With DUI Cases
Most people do not get frequent arrests for drunk driving. In most cases, this could be your first time dealing with the law. A DUI attorney has more knowledge of how the local courts are likely to handle your situation. Especially when the attorney has dealt with more cases in the recent past, they will help you deal with the public defenders and prosecutors.
Negotiate with Prosecutors
When a criminal case is filed against you for drunk driving, the prosecutor aims at proving that you were drunk driving. If the alcohol in your blood as indicated by the blood and breath tests exceeded the legal limits, it would be easy for the prosecutor to prove your guilt and secure a conviction. In California, DUI is not a minor offense. Especially when you caused an accident and severe injury to another person while drunk driving, you will face severe legal penalties.
When you hire a DUI attorney, they can negotiate with the prosecutor for a plea bargain or alternative sentences to a prison sentence. Some of the plea bargains that are available for driving under alcohol or drug influence include wet reckless. Before you are offered wet reckless as a plea bargain for a drunk driving offense, there should be an agreement between your attorney and the public prosecutor.
Wet reckless is advantageous in that a conviction will attract a short jail sentence compared to DUI. Also, you will be required to pay lower fines and spend a shorter period in probation. A conviction record for drunk driving is likely to affect your future endeavors, especially if you are hoping to get a job that involves driving. If you successfully get a plea bargain for your criminal charges, there will be a potentially less effect on your licenses from the record.
Make it Easy for You to Obtain an Expungement
Getting a DUI related conviction on your criminal history is not always the end of the road, and the record does not have to linger on your record forever. With the help of a knowledgeable attorney, you can obtain an expungement. Expunging a criminal record allows your guilty plea to get overturned. When the file is deleted, it cannot be used against you in case it pops up in background checks.
However, it is crucial to understand that you are eligible for an expungement if you complete your probation. By hiring a competent attorney, they can ensure that you get a shorter probation period, thus a better chance at getting relief for the conviction record. Besides, you will require legal guidance during the expungement process.
Seek Legal Guidance from an Attorney Near Me
It can be very frustrating if you get arrested for driving while intoxicated on California roads. Should you get convicted for this offense, you will face penalties including prison or jail sentence, monetary fines, probation as well as a requirement to enroll in a DUI program. Fortunately, not all persons who find themselves battling DUI charges end up getting convicted. A knowledgeable attorney from San Diego DUI Attorney can help you navigate all aspects of your case, giving you a chance to evade the consequences of a conviction. If you are in Pauma Valley, CA, our expertise will be of great importance to your case. Contact our Pauma Valley DUI Attorney team at 619-535-7150.