Summary of DUI Proceedings

Ensure that you are represented at all stages of your DUI case by promptly retaining a Victorville DUI attorney. The various stages of a DUI include:

• DMV hearing. Either you or your Victorville DUI attorney must request your license revocation hearing within 10-days of your arrest or it is waived. Victorville DUI attorneys have obtained many favorable rulings allowing clients to keep their licenses.

• A brief court appearance with your Victorville DUI attorney to enter a not guilty plea.

• Discovery and investigation. Victorville DUI lawyers obtain information and evidence from the prosecutor and from their own investigation to help develop certain defenses. In most cases, Victorville DUI lawyers negotiate satisfactory plea agreements.

• Trail. If your case is not resolved, your Victorville DUI lawyer will vigorously defend you at trial.

DUI Defenses

Certain issues regularly appear in many DUI cases. Victorville DUI lawyers will review these to see which are applicable to your case:

• Possible police misconduct during arrest and questioning

• Whether a certain medical or physical condition may have influenced your arrest and BAC results

• Validity and integrity of the breath or blood tests that produce false high results

• Bias, inconsistencies or errors in police testimony, records and reports

• No driving, drinking after driving, and other defenses raised by your Victorville DUI lawyer

DUI Penalties

DUI sentences vary from county to county, especially if aggravating circumstances were present. There are separate penalties for a first, second, third and felony convictions. 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-22 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 Classes. 18 to 30-months

5. Installation and insurance. SR-22 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-22 insurance and interlock system

Fourth DUI or DWI

A fourth DWI or DWI is a felony but it could be negotiated to a misdemeanor.

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-22 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%.

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. Securing of SR-22 insurance and possible installation of an interlock system

Call a Victorville DUI Lawyer

If you were arrested for a DUI, call a Victorville DUI lawyer today at (888) 754-9860. The Victorville DUI Attorney Group proudly serving these cities in Victorville: Adelanto, Apple Valley, Barstow, Hesperia, Victorville, Alameda, Coachella, Contra Costa, Criminal, Encino, Los Angeles, Ontario, Orange County, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, Temecula