DUI

Riverside DUI Attorney

Why You Need the Best DUI Defense

While the number of DUI arrests has dropped in California, there are over 100,000 people who are charged with this criminal offense each year in the state. A DUI conviction can be a life-changing event that can both take away your freedom and even your ability to earn a living. You need legal representation from a Riverside DUI lawyer from the minute that you are charged with a DUI.


If you are in Riverside or nearby call us at (951) 382-5559 to schedule your initial consultation or contact us online today. Every DUI case has its challenges and you need the best legal representation. 


DUI Penalties in California

In California, the penalties for even a first-time DUI conviction can be quite severe. The exact punishment depends on the county, but you can usually expect one or more of the following:

  • A six-month license suspension
  • At least three months of probation
  • Fines up to $1,000
  • Ignition lock in your car
  • Some counties may even impose jail time for a first offense

The penalties can escalate if this is a subsequent DUI arrest. For instance, on the second offense, the maximum fine can be doubled, and the license suspension will be much longer. A second DUI conviction will result in a sentence of no less than 96 hours of jail time. Often, the prison sentence is even longer. Scroll down to learn more.

Felony DUI Penalties

The above sentences are for misdemeanor DUI offenses. The penalties for a felony DUI are even more severe. Legal representation can help you at every stage of the DUI criminal justice process. 

Starting at the very beginning of your case, when evidence is being collected and charges are filed, your defense attorney will help protect your legal rights.

IS DUI a Felony in California?

In California, a DUI can be charged as a misdemeanor or felony. Most DUI charges are misdemeanors, even if they aren't first-time offenses.

is a Second DUI a Felony in California?

In California, a second DUI can be elevated to a felony if certain aggravating factors are present. 

A second DUI offense within ten years of the first offense is usually a misdemeanor with increased penalties.

Some circumstances that may result in a felony DUI include: 

  • Having four DUIs in 10 years
  • Having a prior felony DUI
  • Being involved in a DUI causing injury
  • Being DUI with a minor in the car
  • Having 0.08% or higher in your blood alcohol content (BAC)
  • Driving a commercial vehicle or having a passenger in the car with a BAC of 0.04% or higher

Additional penalties for a second DUI include: 

  • License suspension
  • Ignition interlock devices
  • Up to one year of incarceration
  • Up to three years in the state prison

Consult a DUI lawyer for accurate legal advice if you're concerned about a specific DUI situation.

Deciding Whether to Fight the Charges

Any DUI defense starts with the decision of whether to fight the charges filed against you. This is where you need a DUI lawyer in Riverside, who knows how to think like a prosecutor. Electing to contest the charges when a plea bargain has been offered is a decision not to be taken lightly. 

You always have the option of contesting the charges and going to trial. You would do this when:

  • The evidence against you is insufficient or flawed
  • Your legal rights have been violated
  • You do not want to agree to the proposed penalties against you in a plea deal (e.g., the prosecutor is not offering an arrangement that makes it worth your while to plead guilty)

In order to effectively fight the charges, you need an experienced DUI attorney who knows how to expose the flaws in the prosecution’s case. 

Some DUI Charges End in a Plea Deal

While many DUI cases will end up in convictions, this does not tell the entire story. Your Riverside attorney can help you resolve your case by securing a favorable plea deal or even a diversion program in exchange for your guilty plea. This will minimize the consequences to you of a conviction. In many cases, this is actually the best possible outcome for you. 

Even if the prosecutor makes an initial plea offer, there may be room for negotiation. You should never just accept the deal that the state is offering without getting a lawyer’s opinion. 

In addition to the criminal justice process, you may also have a parallel proceeding with the Department of Motor Vehicles about the status of your driver’s license. It is important to have legal representation during this process too. There may be room to receive a shorter license suspension or no suspension at all. 

DUI charges are scary because they are many people’s first introduction to the criminal justice system. All the while, the future consequences that color you may face can color your judgment when it comes to making key legal decisions. 

The sheer stress of a DUI charge compounds the difficulties that you are already facing. Trying to handle your own legal process could only add to the angst that you are facing while leaving you practically defenseless if your rights are violated. 

Contact a DUI Attorney in Riverside, California

When you are hiring a DUI attorney, you need the best trial attorney in Riverside, California, who also knows how to work with prosecutors when necessary. 

Daniel DeLimon is a former prosecutor who thinks like one in defending his clients. 

He knows when the prosecutor may have room to make a better plea offer and how to spot the weaknesses in a case because he has been in those shoes. 


If you are facing criminal charges call Daniel DeLimon today for a free consultation at our local number (951) 382-5559


 

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