Cypress DUI Lawyer

Majority of California DUI apprehensions take place at a checkpoint or with the police stopping you in traffic. The said police will ask you to complete a couple of sobriety tests. You are then expected by the California statute to complete a breath or blood test, whichever you are provided with. This is regardless of your current setting; whether at the hospital, in jail or at the police department getting booked. Failure or refusal to take the required tests may lead to stiffer California DUI fines, not to mention suspension of your driver’s license for one (1) year.

A DUI in the state of California is considered a wobbler offense. What this means is that the crime could be tried in a court of law either as a misdemeanor or a felony. In the case of a misdemeanor, the arresting police officer should let you go within several hours of your booking. It is in this process that your California driver’s license is sent to the DMV by the officers after being taken from you. It is mandatory that the cops provide you with a temporary license and a court summon for your case. It should, however, be noted that a California cop has no right to take your driver’s license for a DUI if you are from a different state.

If arrested for DUI charges in California, chances of getting your driver’s license suspended are pretty high. You, however, could still be allowed to continue driving but under the strict condition that you request for an ignition interlock device (IID) license. An IID is a type of breathalyzer that detects the level of alcohol in your system and stops your car from switching on if it determines you are intoxicated. Being a DUI offender, you are required to keep the IID in your car at all times. The duration that you will be required to use an IID regulated driver’s license is going to depend on your California DUI background.

From the date you were arrested, you have ten (10) days to get in touch with California Department of Motor Vehicles (DMV) and request a hearing. Failure in doing so will have your driver's license automatically suspended after thirty (30) days and invalidate your right to a DMV trial. It is advisable that you get yourself a Cypress DUI attorney to demand the hearing on your behalf. This is because they not only have the ability to slate a date for the hearing but also influence the DMV officer that gets appointed to your case.

In the state of California, a DMV hearing does not necessitate your physical presence. Your lawyer stands in for you with their ultimate goal being to persuade the DMV to let you keep your driver’s license. A competent lawyer will take this opportunity to collect the necessary evidence for your court hearing.

The DMV officers will then review the situation at the end of the trial and provide their findings in writing. The verdict will usually be sent to you in one (1) to thirty (30) days from the date of the hearing. If the verdict favors you, you get to keep your driver’s license. If, on the other hand, the DMV considers you at fault, your license is suspended within days of getting the notification.

It is important to note that DMV hearings take place only if you are arrested for DUI of alcohol. These hearings are held in order to establish whether you drove a vehicle with a .08 BAC or higher. There are no DMV hearings for arrests made for DUI of drugs in the state of California. Such charges are, however, likely to get your driver's license suspended.

In accordance with the California statute, as a driver, your blood alcohol concentration (BAC) level should not exceed .08. If you are arrested whilst driving with a higher BAC, you may stand trial for two misdemeanor offenses namely: DUI as per Vehicle Code 23152 (a), as well as driving with an excessive BAC as per Vehicle Code 23152 (b).

Unless you are required to testify during a hearing, or your case goes to trial, the law allows your Cypress DUI attorney to represent you in all your DUI court proceedings. In short, you could choose not to go to court unless summoned personally. Majority of California DUI cases entail more than just a single court date. A DUI case could as well carry on for several weeks or months. It is within this period that your Cypress DUI attorney will collect the necessary evidence and negotiate with the judge for a lessening of your charges, or even complete acquittal.

In the event that you do plead guilty to the DUI charge or a marginal one, your case could be settled in two different ways. The first option is personally appearing in court and making your plea in the presence of the judge. Your second alternative involves your lawyer getting you to sign a Thal Waiver, which is a legal document, out of court. This document is later presented in court by your attorney where they proceed to implement the appeal in your place.

A DUI case is arranged for a jury trial in the event that you fail to come to an agreement. This means that the evidence presented against you will need further probing, shedding new light to major flaws in the case. It could be possible for you to get a better deal here due to the high number of court cases and limited courtrooms in California. This is especially true if you are convicted for a misdemeanor DUI.

In the unfortunate event that you do get your driver’s license suspended, the state of California usually provides you with a restricted license in a span of thirty (30) days. This license is usually to permit you to drive to court, the DMV offices, school, or to and from work. A Cypress DUI attorney can arrange for you to receive a restricted license immediately without having to wait, but only if you observe the suspension as it stands. In addition, driving with a suspended license in California is a serious offense. It could result in an extended suspension of your driver’s license, violation of probation or even a jail sentence.

In the state of California, the crime of driving under the influence is punishable based on two vital elements. They include:

• Whether your record shows any pre-existing DUI’s, and

• Whether you injure anyone as a result of your DUI.

Majority of the DUI cases reported in California are charged as misdemeanors. You, however, could face DUI felony charges if; you injured someone in the incident, or your record shows four (4) or more preceding DUI’s. Such charges could have you facing a jail sentence.

First Offense

For the first time California DUI offender, some of the possible penalties that you face include:

1. Informal probation which could last anywhere from three (3) to five (5) years.

2. Legal fees in the range of three hundred and ninety ($390) to one thousand ($1,000) dollars.

3. A mandatory alcohol education program ranging from three (3) to nine (9) months.

4. Half a year in the county jail.

5. Possible suspension of your driver’s license, or the option of installing an IID in your vehicle. You are required by the California law to keep this device for a period of up to six (6) months. Failure to oblige may lead to your driver’s license being suspended for six (6) to ten (10) months.

By law, the California DMV requires you to request for a hearing with them within ten (10) days of your arrest. In doing so, you delay the suspension of your driver’s license for a further date or even avoid it completely.

Second Offense

If you are a second time California DUI offender within a ten-year period, the consequences will vary. They include:

1. Informal probation which could last between three (3) to five (5) years.

2. Fines ranging from three hundred and ninety ($390) to one thousand ($1,000) dollars.

3. Court-mandated California DUI classes ranging from eighteen (18) to thirty (30) months.

4. A two-day (2) to one-year (1) term in the county jail.

5. The mandatory installation of an IID for one (1) year, with the freedom of driving anywhere. Failure to which your driver’s license will be suspended for two (2) years, which might lead restriction of the same after one (1) year.

Third Offense

In the event that you are involved a third time in a California DUI in the period of ten years, you are likely to face:

1. Informal probation lasting three (3) to five (5) years.

2. Legal fees in the range of three hundred and ninety ($390) to one thousand ($1,000) dollars.

3. Court-mandated California DUI classes for thirty (30) months.

4. A minimum of four (4) months and a maximum of one (1) year in the county jail.

5. The mandatory installation of an IID for two (2) years, with the freedom of driving anywhere. Failure to which your driver’s license will be suspended for three (3) years, which might lead restriction of the same after eighteen (18) months.

6. The DMV labels you a habitual traffic offender (HTO).

The state of California as per Vehicle Code 23153 VC identifies DUI with injury as a wobbler offense. This, as stated earlier, means that the DUI could be charged either as a felony or a misdemeanor in court. This will all depend on the events surrounding your arrest as well as your criminal background.

In the event that you are found guilty of DUI resulting in the injury of a second individual, you are likely to face:

Misdemeanor DUI Resulting in Injury

1. Informal probation could take three (3) to five (5) years.

2. Legal fees in the range of three hundred and ninety ($390) to five thousand ($5,000) dollars.

3. A court-mandated alcohol program for three (3), eighteen (18) or thirty (30) months.

4. A minimum of five (5) days and a maximum of one (1) year in the county jail.

5. The mandatory installation of an IID for up to six (6) months, with the freedom of driving anywhere. Failure to which your driver’s license will be suspended for one (1) year.

6. Compensation to the casualties.

1. Sixteen (16) months to ten (10) years in state prison.

2. Legal fees ranging from one thousand and fifteen ($1,015) to five thousand ($5,000) dollars.

3. A potential strike in relation to California’s Three strike’s Law.

4. A court-mandated alcohol or drug program for eighteen (18) to thirty (30) months.

5. The mandatory installation of an IID for two (2) to three (3) years, with the freedom of driving anywhere. Failure to which your driver’s license will get suspended.

6. The DMV labels you a habitual traffic offender (HTO) for three (3) years straight.

7. Compensation to the casualties.

In the state of California, you are charged with the offense of DUI as a felony if you are found guilty of DUI four times or more within the span of ten years. The punishment for such includes:

1. Sixteen (16) months, two (2) or three (3) years in state prison.

2. Legal fees in the range of three hundred and ninety ($390) to one thousand ($1,000) dollars.

3. The mandatory installation of an IID for a minimum of one (1) year. Failure to which your driver’s license will get suspended for a maximum of four (4) years.

4. The DMV labels you a habitual traffic offender (HTO).

It is important to note that if you committed a DUI that brought about death, these penalties are not applicable to you. You instead might get a strike in relation to California’s Three strike’s Law, not to mention a life sentence in the state prison.

In the event that a California court finds you guilty of a DUI and sentences you to probation, there are set conditions that you are required to meet. They include:

1. Your blood should not contain any definite traces of alcohol if you are to drive.

2. In the event that you get arrested for a future DUI, you should willingly agree to a breath, blood or urine test.

3. You should not engage in any other illegal activity

If by any chance you defy the said conditions, you could face even severe consequences related to the DUI probation violation laws of California.

Involvement of any kind in a DUI charge carries harsh penalties in the state of California, especially if found guilty. Such charges could pose a perennial criminal record which in turn would mean a tarnished reputation and thousands if not hundreds of dollars in legal fees. If you face any DUI charges in Orange County, a competent Cypress DUI attorney might be your only chance at getting acquitted of the said charges. Call the Orange County DUI Attorney at 949-377-2280 to speak to one of our DUI lawyers and get the different possibilities for battling your DUI case today.