A DUI is a serious offense that can carry hefty fines, suspension of your driver’s license, and even time in jail. California law considers DUI to be a criminal offense. If you have found yourself facing misdemeanor or felony charges for drunk driving, you need effective legal support from a skilled Brea DUI lawyer.
At Los Angeles DUI Attorney, we can get you a free consultation with a knowledgeable representative. They will guide you through the legal process, scrutinize the evidence against you for any weak spots or rights violations, and pursue the most favorable outcome for you.
How a Brea DUI Lawyer Can Beat Your Charges
Winning a DUI case in Orange County is possible, but you’ll need the help of a Brea DUI lawyer. A dedicated lawyer can work tirelessly to get you a reduced charge or allow you to walk away free of the charges against you.
Your attorney will take a number of steps and measures to make your DUI defense strategy as strong as possible. Depending on your situation, your legal representation may use the following tactics to get your charges reduced or thrown out entirely:
Negotiate With Prosecutors
Negotiating with the prosecution is often the best way to beat a DUI charge. An attorney will work to bring the prosecution to the table and bargain for a better outcome for you. A skilled DUI lawyer in Brea knows what to say to ensure you get the best deal possible.
Examine How You Were Arrested
Under the law, you are guaranteed certain rights, known as the Miranda warning, when placed under arrest. If the police officer did not follow the proper procedure or violated your rights when arresting you, your criminal defense attorney can try to get your criminal charges thrown out.
Look for Inconsistencies in Police Testimony
It is common for police reports, police statements in court, and witness reports to conflict. Sometimes, an officer will write one thing in their police report but say something different in court—or a witness testimony will be completely different from an officer’s. Even if the officer has the best intentions, they are still human and can make mistakes.
A DUI attorney in Brea will find any inconsistencies in information or procedure that could be used to support your case.
Check the Accuracy of Test Results
If law enforcement officers had you take a breath or blood test, your lawyer will examine these results and how they were obtained. It is common for improper procedures to skew blood alcohol content test results and produce a false or inaccurate reading. If your lawyer successfully challenges any issues, the test results may not be allowed in court.
There are also factors other than drinking an alcoholic beverage that may lead to an elevated blood alcohol level. Medical conditions and other elements may be at play if you are over the legal limit. An attorney can use evidence of these factors to build a compelling defense strategy.
The sooner you find representation, the sooner your attorney will be able to gather evidence and develop a strategy.
Help You Consider a Pretrial Diversion Program
Preparing to go to court is crucial. However, if you can avoid going to trial, you should. First-time DUI offenders in Brea may be eligible for a pretrial diversion program. However, you must meet specific requirements before the prosecutor reduces the charges against you or dismisses the case.
Some potential requirements could include the following:
- Paying court costs and fines
- Paying the victim’s restitution
- Completing a drug or alcohol treatment program
- Taking regular or random drug or alcohol tests
- Meeting with a probation officer
- Finding a job
- Attending group therapy or mental health counseling
Complying with the conditions of probation is critical. Otherwise, you can expect the district attorney to proceed with your initial DUI charges and resulting penalties. Reach out to a lawyer to learn more about diversion programs and how they provide a positive alternative to severe penalties.
Penalties You Could Face if Convicted of a DUI
If you are found guilty of driving under the influence of alcohol, it could substantially impact your life for years to come. There are not only criminal penalties to worry about but collateral consequences as well. Some of the criminal penalties you could face if you are found guilty include:
- Jail time in a county jail or California state prison
- Court fines and penalties
- Restitution to alleged victims
- Completion of community service hours
- Suspension or revocation of your driver’s license
- Installation of an ignition interlock device (IID) at your own cost
While these penalties can seriously impact your life, the collateral consequences could be more damaging in the long run. Examples of fallout from a DUI could include:
- Increased auto insurance rates
- Being labeled a dangerous driver
- Issues with child custody or visitation rights due to the possibility of child endangerment
- Job loss or termination
- Suspension or revocation of professional licenses
- Difficulty finding work
- Being disqualified from federal student aid
- Loss of your firearm rights
- Loss of your voting rights
While you’ll likely have to spend a few hours in jail on the day of your arrest, working with a dedicated DUI attorney from Brea can help you avoid extensive incarceration and other unwanted penalties. Reach out to a lawyer soon to get started on your case and learn more about your legal options.
How to Get a DUI Dismissed in Brea
Your lawyer can move to dismiss your charge using Penal Code (PEN) § 991 for a misdemeanor or PEN §995 for a felony. The basis for dismissal can be the violation of your rights during your arrest or insufficient cause to continue with your case.
Your Brea DUI attorney will look for evidence (or lack thereof) that proves that the judge should dismiss your case. This can be a dismissal without prejudice, meaning the prosecution can refile charges, or dismissal with prejudice, meaning the court will not hear your case again.
Three Crucial Deadlines to Know in a DUI Case
In most cases, there is a certain amount of time between a DUI arrest and the trial. That time should be spent wisely, as there are some fast-approaching deadlines you will need to meet. Keep the following deadlines in mind to make your case as successful as possible:
Your License Suspension and DMV Hearing
After your arrest, the California DMV will automatically place an administrative suspension on your driver’s license unless you contact them, which you must do within ten days of the arrest. You must request a DMV hearing between now and your trial to keep your license.
The Arraignment
The second deadline you need to be aware of is the arraignment hearing. During this short hearing that occurs less than two weeks following your arrest, you will either plead guilty, not guilty or, in some cases, no contest.
The arraignment is your first chance to show the prosecution you plan to fight your conviction. DUI cases take money and resources, so you and your DUI lawyer can demonstrate that your case will be complex. This can help you get a better deal.
The Trial
DUI jury trials usually happen within 30-45 days after the arrest. However, your lawyer will fight to get you a deal out of court before this time, in which case you may be able to resolve your case without the need to go to trial.
This is why contacting a DUI lawyer from a reputable law office as soon as possible after your arrest is so essential. The sooner you can get an experienced attorney on the case, the better your chances of avoiding a trial altogether.
Talk to a DUI Lawyer in Brea Today
Do not go it alone after a DUI arrest. The law takes this type of offense seriously, and you need experienced legal help from a trusted law firm to fight for the best outcome possible. We can get you a free consultation with a dedicated Brea DUI lawyer.
They will examine your case and get to work as soon as possible, examining the evidence against you and your best options for minimal penalties. Contact Los Angeles DUI Attorney today to schedule a free consultation.
