After being stopped by police and charged with driving under the influence (DUI), you may quickly begin to panic. If this is your first arrest, you may be overwhelmed by the criminal process, unsure of what to expect next, and worried about how a conviction could affect your future. While California law takes drunk and impaired driving seriously, with the right Acton DUI lawyer working for you, you may be able to avoid the fallout that comes with a guilty verdict.
With a reputable attorney handling your defense, you can gain insight into the possible penalties you could be facing and which defense strategies are most likely to secure a favorable outcome. You do not necessarily need to present a powerful defense strategy if you are open to alternative options, such as plea bargaining or pretrial diversion, which may allow you to avoid having a criminal conviction on your record.
Contact Los Angeles DUI Lawyer 24/7 to request a confidential consultation today and learn more about your next steps.
When You Can Face DUI Charges in Acton
As described under California Vehicle Code section 23152, you can be charged with drunk driving if your blood alcohol concentration (BAC) levels reach or exceed 0.08%. However, if you hold a commercial driver’s license (CDL), the legal BAC limit is 0.04% and 0.02% if you are under the age of 21. First-time DUI charges may be tried as misdemeanors. Trust a DUI lawyer in Action to make your DUI defense strategy as strong as possible.
You could spend up to one year in jail and pay fines up to $1,000 if convicted. However, as a first-time offender, you might qualify for pretrial diversion and be able to avoid a conviction altogether. Habitual offenders will see more serious consequences.
For example, if you are charged with four or more DUIs over a 10-year period, you could face felony DUI charges. If convicted, you could spend up to three years in a California state prison and be ordered to pay fines of up to $10,000. Of course, your driver’s license will also be suspended, and you will need to fill out an SR-22 form, which will increase your auto insurance rates, and you could be placed on probation, which comes with many terms and conditions.
California Implied Consent Laws
If you are arrested on suspicion of drunk driving in Acton, you may also be subject to the state’s implied consent laws. Under California Vehicle Code 23612, you have given your implied consent for officials to test your BAC in a DUI case. If you refuse or withdraw your implied consent, you can face serious penalties.
The California Department of Motor Vehicles will immediately suspend your driver’s license. Generally, the initial suspension will last for at least one year. This is true even if you are ultimately acquitted or the DUI charges against you are dismissed in most cases.
Your Acton DUI Attorney Offers Several Possible DUI Defenses
When you are facing drunk driving charges, working out a plea with the prosecutor, entering pre-trial diversion, or getting your charges reduced to a less serious offense may be in your best interests. Fortunately, California recognizes the “wet reckless” under California Vehicle Code 23103 and 23103.5. Here, the prosecutor can drop your DUI charges down to a wet reckless, which is essentially a reckless driving charge involving the use of drugs or alcohol.
With a wet reckless conviction on your record, you may not face the same types of collateral consequences that you would face with a traditional DUI conviction. As a first-time offender, as long as someone was not seriously injured or killed as a result of your drunk driving, you may also qualify for pretrial diversion. This is an opportunity for you to avoid any type of conviction on your record.
However, not everyone will meet the eligibility requirements for pretrial diversion as described under California Penal Code 1001.36. For this reason, you should always prepare for the possibility of going to trial. In court, your Acton DUI attorney may need to challenge the legality of the traffic stop, the breathalyzer calibration, or even the lab analysis results to secure an acquittal.
Acton DUI FAQ
How Long Does the Prosecution Have to File DUI Charges?
If you are facing misdemeanor DUI charges, the prosecutor has up to one year from the date of the alleged incident to file charges as described under California Penal Code Chapter 2. However, the state has more time if you are facing felony DUI charges. The prosecutor may have as long as three years from the incident date or up to six years if anyone was seriously injured or killed to file criminal charges against you.
Can I Get a DUI Expunged From My Record?
Yes, DUIs are eligible for expungement in California as detailed under California Penal Code 1203.4. However, not everyone will meet the eligibility requirements. You must have completed the terms of your sentence and not be facing any criminal charges before you can file your expungement petition.
Am I Required to Agree to a Field Sobriety Test?
No, you are under no legal obligation to agree to a field sobriety test. You can politely decline to participate in a field sobriety test without facing any type of legal punishment, whereas refusing a DUI chemical test in California can have significant consequences. Your refusal to conduct a field sobriety test cannot be used as evidence against you if your DUI case goes to trial.
Contact a DUI Lawyer in Acton for Help Today
Whether this is your first offense or you have multiple DUI convictions on your record, the consequences that follow a guilty verdict could permanently alter your life. Between having your driver’s license suspended, spending time in jail, and having to pay astronomical auto insurance fees due to your SR-22 requirements, it may be difficult or impossible for you to return to normalcy. If you hope to avoid these harsh criminal penalties but are unsure how to choose the best defense strategy, connect with a highly experienced DUI attorney in Acton for help.
Our team can closely evaluate the specific circumstances of your arrest and the DUI charges against you to determine whether working out a plea or presenting a powerful defense at trial is in your best interest.
Your dedicated Los Angeles DUI attorney will work tirelessly to protect your rights and future. Get started with a confidential consultation by calling the office or filling out our secured contact form.
