LANCASTER DUI ATTORNEY

A DUI carries substantial penalties if convicted. Along with serving at least 2-days in jail if a first offender, you face revocation of your license, substantial payments for fines, costs and SR-1 insurance, mandatory attendance at DUI classes and possible installation of an ignition interlock system. Call a Lancaster DUI attorney at (888) 754-9860 if you have been charged.

A Lancaster DUI attorney primarily handles DUI cases and has the experience, skills, resources and knowledge that impaired driving cases require. You also have short time lines including only 10-days to request a DMV hearing, which is separate from your criminal case. Have a Lancaster DUI attorney handle both of these proceedings.

The DUI Process

A DUI will generally have the following stages:

• DMV hearing. Your Lancaster DUI attorney can raise probable cause issues and challenge the results of your blood alcohol concentration (BAC) level results
• Arraignment. Your Lancaster DUI attorney will have you enter a not guilty plea. The court will schedule a settlement conference with the prosecutor
• Pretrial. A conference is held with the prosecutor where your Lancaster DUI attorney tries to negotiate a favorable plea agreement. Motions may be made by your Lancaster DUI attorney to exclude evidence or to obtain information for your defense
• Trial. Should no satisfactory plea agreement be reached, your Lancaster DUI attorney is fully prepared to try your case

Defenses in a DUI Case

Most defenses in a DUI concentrate on the validity of the breathalyzer or if proper protocol was followed for a blood test. A Lancaster DUI lawyer will look at these and other issues in forming a defense:

• Possible rights violations from police misconduct or errors during your stop, questioning and arrest
• Your medical or physical condition and how this influenced your arrest and test results
• Challenges to the integrity and validity of your BAC tests
• Inconsistencies, bias and errors in police testimony, reports and records

There may be other defenses that your Lancaster DUI lawyer may raise.

Penalties in a DUI Case

DUI sentences vary, especially if aggravating circumstances were present of which your Lancaster DUI lawyer will advise you. Otherwise, these penalties are typically imposed:

First DUI or DWI

The usual penalties for a first DUI or DWI are:

1. Jail. 48 hours in jail and up to 6-months; 3-years of probation
2. Suspension of license. Loss of driving privileges for 4 to 10-months though you may be eligible for a restricted license; if BAC testing was refused, the suspension is one year
3. Fines: $390 with costs over $1,800
4. DUI classes: 3-months
5. Insurance and installation: Secure SR-1 insurance and possibly install an interlock ignition system

Second DUI or DWI

Penalties for a second DUI or DWI within 10 years of the first include:

1. Jail. 96 hours and up to one year in county jail and 3-5 years probation
2. Suspension of license. 2 year suspension with eligibility for restricted license unless testing was refused.
3. Fines: $390 to $1000 but over $10,000 in costs
4. DUI Classe 18 to 30-months
5. Installation and insurance. SR-1 insurance and Interlock ignition system

Third DUI or DWI

Conviction of a third DUI or DWI in 10 years may include:

1. Jail. 120 days to one year in county jail and 3-5 years probation
2. Suspension of license. 3 years with restricted license after 12-months
3. Fines: $390 to $1000 and other costs up to $15,000
4. DUI classes. 30-months
5. Installation and insurance. SR-1 insurance and interlock system

Fourth DUI or DWI

A fourth DWI or DWI could be negotiated to a misdemeanor.by your Gardena DUI lawyer. If a felony, you face:

1. Jail. 16 months, 2 or 3 years in jail and formal probation for up to 5 years
2. Suspension of license: 4 years
3. Fines: Up to $5000 with associated costs of up to $18,000
4. Habitual traffic offender status. 3 years
5. Mandatory DUI classes. 30-months
6. Installation and insurance. SR-1 insurance and interlock system

Commercial DUI or DWI

Commercial drivers can be convicted of a commercial DUI or DWI if their BAC is 0.04% so that their need for a Gardena DUI lawyer is imperative.

Penalties include:

1. Jail. Same as for a motorist with a Class C license for first or multiple DUI or DWI offenses
2. Driver’s license suspension.

• Loss of commercial driver’s license for one year, regardless of the vehicle you were driving
• Life-time suspension for a second conviction
• Your Class C license is also affected

3. Fines. From $390 to $1000
4. DUI Classes. Same as for other offenders
5. Insurance and installation. Possible securing of SR-1 insurance and installation of an interlock system

Call a Lancaster DUI Lawyer

If you were arrested for a DUI, call a Lancaster DUI lawyer today at (888) 754-9860.