DUI Defense Attorney in Atascadero, California
Why Do I Need a DUI Defense Attorney in California?
In the United States, DUI law is one of the most complex areas of criminal defense law. A DUI case involves a lot of science. It involves various procedures related to DUI investigations and scientific issues surrounding blood and breath testing for alcohol, prescription medications, and drugs. If you refuse to take a test, you will most likely be immediately arrested, booked for DUI, and jailed.
A DUI (Driving Under the Influence) arrest is a very serious matter. A conviction can cost you your career, reputation, and freedom. Therefore, defending a DUI case requires the expertise of a knowledgeable Atascadero DUI defense attorney from 805 Law Group. Contact our criminal defense law firm now and schedule an initial consultation.
What is DUI?
DUI (Driving Under the Influence) is the commonly used abbreviation for the criminal act of operating a moving vehicle after consuming alcohol or drugs. It is illegal to operate any form of transportation after the consumption of any substance that can slow your reactions, impair your judgment, and cause any sort of diminished mental or physical state.
Depending on the jurisdiction, this offense is also called driving while intoxicated (DWI) or operating under the influence (OUI). In general, the DUI laws of all states follow the same basic structure and require proof that the person was operating a vehicle and under the influence. If you have been arrested for DUI, it is highly advised to seek legal counsel from a credible Atascadero DUI defense attorney to help you navigate your options.
Types Of DUI Cases We Handle In Atascadero and San Luis Obispo County
The 805 Law Group represents drivers facing all types of criminal charges related to driving under the influence of alcohol or drugs, including:
- First DUI
- Second, third, or subsequent DUI
- Underage/under 21 DUI
- Prescription drug DUI
- Marijuana-related DUI
- Other DUI of drugs charges
- Boating under the influence (BUI)
- Wet reckless driving
- Felony DUI
- DUI causing personal injury
- Vehicular manslaughter
We represent our clients in all criminal court proceedings and other legal matters related to their DUI charges and offer competent counsel at their license suspension hearings with the Department of Motor Vehicles (DMV).
DMV hearings are conducted separately and independently from criminal proceedings, specifically to address license suspension based on a failed or refused blood alcohol test after a DUI arrest. When you choose the 805 Law Group, your seasoned Atascadero DUI lawyer will represent you at this hearing and in criminal court to protect your rights from all possible angles.
Do I Have To Agree To Field Sobriety Testing?
In the United States, DUI law is one of the most complex areas of criminal defense law. A DUI case involves a lot of science. It involves various procedures related to DUI investigations and scientific issues surrounding blood and breath testing for alcohol, prescription medications, and drugs. If you refuse to take a test, you will most likely be immediately arrested, booked for DUI, and jailed.
A DUI (Driving Under the Influence) arrest is a very serious matter. A conviction can cost you your career, reputation, and freedom. Therefore, defending a DUI case requires the expertise of a knowledgeable Atascadero DUI defense attorney from 805 Law Group. Contact our criminal defense law firm now and schedule an initial consultation.
Is Breathalyzer Testing Perfect?
No. Breathalyzer is not a perfect test and can be affected by several factors, including faulty equipment, calibration, and improperly trained officers administering the test. Blood tests generally produce more accurate results than breathalyzers.
Breathalyzers should be considered more of an estimate than an exact result. Breath tests can produce false positives if there is latent alcohol in the suspect’s mouth. A reliable DUI defense attorney knows to look for signs and factors that led to a false positive on the breath test.
Should I Plead Guilty To DUI Charges?
DUI punishments are severe and potentially life-altering. In this situation, you should not plead guilty to a DUI charge brought against you without being represented by an attorney who will argue your DUI case with the court and will act as your advocate to obtain the best outcome.
Many circumstances go into a DUI arrest and you can have your charges dismissed. You must work with a qualified Atascadero criminal defense lawyer who can give you the best chance of a not-guilty verdict.
What Are The Penalties For DUI?
In California, there are two levels of offenses for those who have been found driving under the influence of drugs or alcohol: DWAI, or Driving While Ability Impaired, for those found with any blood alcohol percentage, less than 0.08%, and DUI offense for those found with a blood alcohol content (BAC) of .08 or higher.
As with any criminal offense, a person charged with DUI is presumed innocent until proven guilty. If convicted, the penalties will depend on state law, as well as on any aggravating circumstances. A reliable Atascadero CA DUI defense attorney can go over your case to make sure you understand the nature of your charges. The exact penalties you can face for a DUI conviction depend on the nature of the criminal charges, and if it is your first offense or a subsequent offense.
If this is your first DUI, you can face the following penalties:
- Fines and fees up to $3,600
- Up to 6 months in jail
- Dramatically increased car insurance rates
- Installation of an ignition interlock device
A second offense can bring more serious consequences:
- Fines and fees up to $4,000
- Up to 1 year in jail
- Participation in a 30-month DUI school program
- Installation of an ignition interlock device
What are the Possible Defenses for DUI?
In DUI cases, the prosecution must prove that the defendant has driven a vehicle and has been “under the influence”. This means that the person must be either impaired or has taken illegal drugs or prohibited levels of alcohol in his or her body. Many DUI defenses target one of these two components because the prosecution must prove both to get a conviction.
Regardless of the severity of the allegations, there are still various DUI defenses that can persuade the prosecutor to agree to a reduced charge or even dismiss the charges altogether. No matter how serious your situation may be, our competent Atascadero DUI defense attorneys can explore every possible opportunity to secure a reduction or dismissal of your charges on your behalf.
Some of the strategies we may be able to use in your defense include:
- Victim of Entrapment
- Mistake of fact
- Improper police actions
- Inaccuracy of chemical tests
- Improper stop of person or vehicle
- Improper administration of sobriety tests
Call Our Experienced Atascadero DUI Defense Attorneys Now!
Ready to learn more? Call our firm at (805) 420-7547 and discover what a difference a skilled DUI attorney can make.
