Seek a lawyer specializing in California DUI cases, as they will be familiar with state laws, local court procedures, and possible defenses. An experienced attorney can help evaluate the evidence, negotiate plea deals, or prepare for trial.
2. Understand the Charges
- California DUI laws are primarily covered under Vehicle Code § 23152(a) (driving under the influence of alcohol) and § 23152(b) (driving with a blood alcohol concentration [BAC] of 0.08% or higher).
- A DUI may be charged as a misdemeanor or felony, depending on factors like prior offenses, injuries caused, or high BAC levels.
3. Address the DMV Hearing
- Following a DUI arrest, the driver’s license is often confiscated, and a notice of suspension is issued.
- Act quickly: You must request a DMV hearing within 10 days of the arrest to challenge the license suspension.
- An attorney can represent you at this hearing and potentially prevent or delay the suspension.
4. Evaluate the Evidence
- Police reports: Review arrest reports for inconsistencies or procedural errors.
- Breathalyzer or blood test results: Assess the accuracy, calibration, and administration of BAC tests.
- Field Sobriety Tests (FSTs): Challenge the validity and administration of these tests, as they are subjective and prone to error.
- Body/dashcam footage: Analyze video evidence for any signs of misconduct, improper stops, or procedural errors.
5. Identify Possible Defenses
Common DUI defenses in California include:
- Unlawful stop: The officer lacked reasonable suspicion or probable cause to pull you over.
- Inaccurate testing: Faulty breathalyzer, improper blood sample storage, or mishandling.
- Medical conditions: Certain health conditions, like acid reflux or diabetes, can affect BAC readings.
- Rising BAC: Your BAC may have been below the legal limit while driving but increased after you stopped.
- Lack of evidence: Insufficient proof that you were driving or impaired.
6. Negotiate or Litigate
- Plea deals: In some cases, it may be possible to negotiate reduced charges (e.g., “wet reckless”).
- Pre-trial motions: File motions to suppress evidence if your rights were violated during the stop, testing, or arrest.
- Trial preparation: If the case goes to court, your lawyer will build a defense strategy, challenge the prosecution’s evidence, and present witnesses or experts to support your case.
7. Complete Required Programs
- If convicted, California law often requires DUI offenders to complete:
- DUI school (length depends on BAC and prior offenses).
- Community service or probation.
- Installation of an Ignition Interlock Device (IID) for repeat offenders or high-BAC cases.
8. Handle Consequences of Conviction
- A DUI conviction can lead to:
- Fines, court fees, and increased insurance premiums.
- Jail time (usually minimal for first offenses, but longer for repeat offenders).
- Mandatory license suspension.
- Explore options for sentence reductions or alternatives, such as house arrest or work release.
9. Expunge the Conviction
- After completing probation, you may be eligible to have the DUI conviction expunged from your record under California Penal Code § 1203.4, though it will still count as a prior offense for subsequent DUIs.
Importance of Timely Action
Time is critical in DUI cases due to strict deadlines for requesting a DMV hearing, preserving evidence, and meeting court dates. Acting swiftly with the guidance of a skilled DUI defense attorney is essential for a strong defense.
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