LOMITA DUI ATTORNEY

If you drink and drive, chances are that one day you will be stopped and may face DUI charges. Many drivers who are stopped are understandably nervous and perform poorly when questioned or while performing certain coordination or cognitive tests. Many times an officer will assume you are under the influence and treat you accordingly. In any case where you face DUI charges, call a Lomita DUI attorney at (888) 754-9860 to advise and represent you.

No DUI charge is a foregone conclusion without a thorough investigation that will be conducted by a Lomita DUI attorney. Penalties for a DUI conviction are harsh and can cause you substantial hardship that can last many months or years. With a Lomita DUI attorney, you have legal counsel who primarily handles DUI cases and has the experience, knowledge, skills and resources needed to properly defend you.

DUI Proceedings

A DUI consists of a number of proceedings:

• DMV hearing. You or your Lomita DUI lawyer must have requested this hearing regarding your driver’s license revocation in writing within 10-days of your arrest. Your Lomita DUI attorney can raise probable cause issues and challenge the results of your blood alcohol concentration (BAC) level results
• Arraignment. Your Lomita 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 Lomita DUI attorney discusses a favorable plea agreement. Motions may be made by your Lomita DUI attorney to exclude evidence or to obtain information for your defense
• Trial. Should no satisfactory plea agreement be reached, your Lomita DUI attorney is fully prepared to try your case

Defenses in a DUI Case

There are a number of possible defenses in a DUI case that your Lomita DUI lawyer will explore. Many of these center around certain issues:

• Possible rights violations based on police misconduct
• If you medical or physical condition influenced your arrest and BAC tests
• Challenges to the validity and integrity of the BAC tests
• Possible bias, inconsistencies and errors in police testimony, reports and records

Any other possible defenses will be considered by your Lomita DUI lawyer depending on the facts of your case.

Penalties in a DUI Case

DUI sentences vary, especially if aggravating circumstances were present of which your Lomita 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 Lomita DUI Lawyer

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