A motorist holds his head as an officer shows him the breathalyzer results. You could get your case dropped or charges reduced with the help of a DUI lawyer in San Clemente.
The costs and inconvenience of driving under the influence (DUI) arrest are extreme in California, and penalties for DUI offenders are tougher than they used to be. If you are convicted, you will lose your license, pay fines, serve jail time, and have negative permanent marks on your driving record.
However, do not assume there is no hope for your DUI case. We can get you in touch with an experienced San Clemente DUI attorney for your case. The DUI lawyers in Los Angeles will look at the details of your arrest, alcohol tests, and other factors to build the best defense with the best outcome in mind.
Consequences of a DUI In San Clemente
The penalties for a first-offense DUI in San Clemente used to be less extreme, but all DUI offenses have been treated more harshly throughout the country in recent years. DUI convictions bring in a lot of money for the city and are also a popular topic for politicians.
The sentence for a first-time DUI is steep, increasing with each subsequent offense. Your sentencing could also depend on your blood alcohol concentration (BAC) during your DUI. Here is what you can expect in potential penalties with each level of DUI arrest.
First-Time DUI Conviction Penalties
Under California law, the first DUI conviction is treated as either a misdemeanor or a felony. Both are criminal offenses, but misdemeanors are considered less severe than felonies.
If your DUI is charged as a felony, you will likely face harsher sentences. You will also obtain a felon status that can affect significant areas of your life, such as your fundamental rights and career options.
For this reason, your DUI lawyer in San Clemente will seek to get you the lightest conviction. If convicted of DUI for the first time, you can face the following penalties:
- Driver’s license suspension, typically for six months, including an ignition interlock device (IID) on your car.
- 48 hours to six months of jail time
- Three years of informational probation
- 30 to 60 hours of DUI school
- Between $390 and $1,000 in fines, plus penalty assessments
Second DUI Conviction Penalties
A second DUI conviction is a misdemeanor in the State of California. Penalties may include:
- Two-year driver’s license suspension and IID
- 96 hours to a year of jail time
- Between $390 and $1,000 in fines, plus penalty assessments
- Three years of informational probation
- 18 to 30 months of DUI school
Third DUI Conviction Penalties
A third offense is also typically considered a misdemeanor in San Clemente and carries the following penalties:
- Two-year driver’s license suspension and IID for at least two years
- 120 days to a year of jail time
- Between $390 and $1,000 in fines, plus penalty assessments
- Three to five years of informational probation
- 30 months of DUI school
What Happens When My License Is Suspended After a DUI?
After being arrested for a DUI, you are probably worried about having your driver’s license suspended. Thankfully, there are ways to avoid losing your license or shortening your suspension period. A drunk driving defense lawyer will know what to do.
Suspension can happen in three different ways:
- Administrative suspension: Your license will be suspended 30 days after you are arrested for a DUI. You can appeal this by requesting a DMV hearing within ten days of your arrest, but this is tricky and has to be done quickly, so it is best to do this with the help of a DUI attorney.
- Full suspension: After you are charged with a DUI, you will receive your license suspension. During this period (a minimum of two months for a first offense), it is illegal for you to drive.
- License restriction: During your license restriction period (a minimum of two months), you can only drive to and from work and alcohol treatment.
Having your license suspended is not easy, as it restricts your freedom and keeps you from getting to and from various responsibilities. A San Clemente DUI lawyer could help you avoid suspension.
Dropped Charge
If your charge is dropped, the court will not suspend your license. Even if your charge is not dropped, there are ways for your DUI attorney to reduce your suspension time.
By avoiding administrative suspension, making a deal with the prosecution, and helping you understand how to reinstate your license, we can ensure you are back in the driver’s seat as soon as possible.
What if Someone Was Injured or Killed?
If someone was injured during a DUI accident you caused, penalties are typically more severe than for a standard DUI conviction. Your DUI can either be charged as a misdemeanor or a felony. If charged as a felony, your DUI can send you to prison for between 16 months and four years, with fines ranging between $390 and $5,000.
If someone was killed as a result of your DUI, you could be prosecuted under California’s murder or vehicular manslaughter laws that can result in either of the following charges:
- Second-degree murder
- Negligent vehicular manslaughter while intoxicated
- Gross vehicular manslaughter while intoxicated
Penalties for these charges can range from up to a year in jail and $1,000 in fines to 15 years to life in prison.
What if I Got a DUI in a Commercial Vehicle?
A DUI in a commercial vehicle carries heavier consequences than a regular DUI, and there is also a lower threshold for driving under the influence.
As opposed to the standard 0.08% BAC limit that most drivers are held to, commercial drivers who have a 0.04% BAC are guilty of driving under the influence. That means you are being held to a higher standard than other drivers.
If you are arrested for a DUI in a commercial vehicle, you have some extra penalties, along with the others you would typically receive. Extra penalties include:
- One-year suspension of your Commercial Driver’s License (CDL) for a first offense
- Permanent revocation of your CDL for a second offense within ten years
In addition to the legal repercussions of a commercial DUI, you will most likely also face professional repercussions. A DUI makes rehiring much harder, even years after your arrest. Your insurance will also increase, making it almost impossible to continue working as a driver if you own your own vehicle.
Just like non-commercial drivers, you could benefit from the help of a DUI attorney in San Clemente, CA. Our firm knows how to handle commercial vehicle DUIs and could save you from losing your CDL.
Is Fighting a DUI Worth It?
Yes, getting a skilled DUI attorney and fighting your charge is almost always worth it. Often, an experienced criminal defense lawyer can reduce or even completely drop your charge, ultimately saving you money.
Getting a free consultation with San Clemente DUI attorney can be your first step to avoiding a conviction. Our law firm can assess your case and tell you the possible results of your DUI.
What Can a DUI Lawyer in San Clemente Do for You?
In any DUI case, a San Clemente attorney will bring unique and valuable skills to the table to help you get the best deal possible. Things that our DUI lawyers can do for you include:
- Reviewing evidence of your arrest
- Looking for any discrepancies between your arresting officer’s account and what happened
- Watching out for any violations of your rights
- Building arguments for a reduction or cancellation of your sentence
- Negotiating a lower charge with the prosecutor
- Finding inadequacies or glitches in your testing
Our California lawyers have the skill set necessary to fight your charge for you. Rather than trying to take on your case alone, you should get the help of someone who can save you money in the long run.
Consider Alternative Sentencing Options
Sometimes, avoiding a trial is in your best interests. This is particularly true if the district attorney has gathered powerful evidence that could result in a conviction. For this reason, it is essential to consider alternative options.
Plea Agreement or Pretrial Diversion
One of the top ways to get out of some of the more severe consequences of a DUI conviction is by working out a plea agreement or entering a pretrial diversion program. Pretrial diversion is not available for everyone.
Generally, only offenders with no prior DUI convictions that did not cause injury or death may qualify. Once you enter a pretrial diversion program, you must be prepared to adhere to the terms of the program. Otherwise, you can expect the district attorney to proceed with the drunk driving charges against you.
Pretrial Diversion Requirements
Some of the requirements you must meet if you enter a drug or alcohol diversion program could include the following:
- Completing a drug or alcohol treatment program
- Attending regular mental health counseling sessions
- Completed DUI school
- Attending a VIP, HAM, or MADD program
- Paying restitution to any alleged victims in your case
- Installing an ignition interlock device (IID)
Your DUI attorney in San Clemente, CA, will carefully examine the evidence in your case and your circumstances to determine whether you qualify for pretrial diversion. If you do, we will attempt to work out a plea agreement with the prosecuting attorney so you can avoid a trial and conviction. However, if you do not qualify, we will review our defense options to determine how to best approach your case.
How Much Does a DUI Lawyer Cost in California?
A California DUI attorney’s fee can vary widely depending on the factors of your case. Often, things that go into your lawyer’s fee can include:
- Time put into your case: A more complex DUI charge will take harder work and more time, meaning your lawyer will have to charge you more.
- Included costs: Expenses like lab tests or subpoena fees and perks like free rides to and from the courthouse can increase the cost of hiring a DUI lawyer in California.
- Your lawyer’s experience and skill level: The simple fact is that better lawyers often cost more. If a lawyer charges you a surprisingly low fee, that could mean that they are less likely to win your case.
Most DUI lawyers charge by the hour, so they will not charge you upfront. Initial consultations with us are free, though, and you will agree on your attorney’s rate before they get to work on your case.
Three Things to Look for in a DUI Lawyer
Since the penalties for a DUI offense can be harsh, especially without an experienced lawyer, here are three things you should always look for when choosing your legal representation:
Experience
An experienced DUI lawyer will have plenty of history in this field, including a solid track record of victories for their clients, board-certified DUI expertise, and training in DUI defense. Do not be afraid to ask for proof of experience.
A True Focus on DUI Cases
A lawyer can say they are a DUI lawyer, but unless they focus exclusively on DUI cases, they do not have the level of expertise you need. Seek an attorney who only works on DUI cases. They will know exactly what is required to give you the best chance of walking away with the minimum penalties.
Free Case Evaluation
If an attorney wants to charge you for a consultation, walk the other way. It is not standard practice for an experienced DUI lawyer to make you pay for talking to them about your case. Look for someone confident in offering you a free consultation, no strings attached.
Talk to a San Clemente DUI Lawyer Today
Working through a DUI charge is stressful and often confusing. You deserve the best San Clemente DUI lawyer possible, so let us connect you with one from the area. For a free consultation with a top DUI attorney in your location, call us today or fill out our convenient contact form to get started.
