DUIs are criminal offenses that can be misdemeanors or felonies depending on your criminal record and prior convictions. You can face monetary penalties in the thousands, sometimes surpassing $20,000, and jail time. Most often, DUIs result in driver’s license suspension or revocation, which hinders your daily life.
You need a Fountain Valley DUI lawyer to review your case and find ways to reduce your charges, negotiate lighter sentences or dismiss your charges.
What to Expect When Facing a DUI Charge in Fountain Valley
What happens next will vary, whether this is your first or third offense. In most DUI arrests, you will face a suspension.
You can request a DMV hearing within ten days to stop an extended suspension. You will also face a criminal case that begins with an arraignment hearing which will determine if you will go to trial. These actions can happen quickly, and you will need to establish a defense just as fast.
A DUI lawyer in Fountain Valley, CA, can look for holes in evidence collection and violations during the arrest. When you establish your defense, you can use it during pre-trial and trial.
Unfortunately, if you are convicted, you will face penalties like fines, court costs, jail, license suspension or revocation, and much more. Factors that dictate your penalties include injuries, prior convictions, evidence, and the judge. You need an experienced DUI lawyer to fight your charges.
Drug DUIs in California
Penalties are the same for a drug DUI with some exceptions. First, if the drugs were illegal, you could face drug possession charges if you had any drugs on you. If you are under the influence of drugs, but they are not in your vehicle or person, you only face DUI penalties.
Drug DUIs do not result in administrative license suspensions. However, if you are convicted, you can have your license suspended.
Blood and urine tests will be used to establish drug use and impairment since they do not appear on a breathalyzer test.
Marijuana is challenging because it is legal for use in certain circumstances.
If marijuana is prescribed, you will avoid the possession charges but will still face drug DUI charges. The same rule applies to prescription and over-the-counter drugs. These drugs can cause drowsiness which is considered an impairment.
The Prosecution’s Evidence
Speaking with a DUI attorney in Fountain Valley, CA, is essential because the state prosecution is working hard to find evidence that harms your case. A DUI attorney can fight this evidence and build a solid defense. Police will infer that their evidence is rock solid, but a Fountain Valley DUI attorney can prove otherwise.
Police and prosecutors will use scare tactics to get the desired outcome. Don’t let them win.
The prosecution will use five pieces of evidence to get a conviction. They will start by looking at your driving patterns which can lead to a traffic stop. Officers often look for drifting, weaving, and the inability to stay in a lane as reasons for a traffic stop.
During the Stop
During the traffic stop, the officer will note your behavior, like fumbling with your keys and shaky hands. These are common signs of anxiety and nerves, but the state will use them as evidence. They will also look for bloodshot eyes, which can be attributed to crying or allergies.
Officers will administer field sobriety and chemical tests to determine if they can charge you. Police will also use what you say against you, with their goal being for you to admit you were drinking.
Refusing Chemical Tests
Any tests conducted at the scene, police station, or hospital can be used as evidence. You can refuse a field sobriety test but not a chemical test. Under implied consent, you tell the state that you will submit to this test as a condition of obtaining a driver’s license.
Implied consent means you can face additional penalties if you refuse a chemical test. If you refuse a test, you cannot change your mind later. Chemical tests can be disputed later with the help of a Fountain Valley DUI lawyer.
Refusing a chemical test can result in one or three years of license suspension and fines of $125. These penalties are in addition to any DUI penalties. Determining how long your license is suspended will depend on whether it is a first or subsequent offense.
A first offense with refusal is a one-year suspension, a second offense is two years, and three or more is three years. You can be without a license for many years when considering refusal and DUI suspension.
Fighting for Your Freedom
Depending on your circumstances, you can fight DUI cases and walk away with lower or no charges. Remember, the prosecution is trying to convince you there are no options and that they have an airtight case. They can, or they can be bluffing.
It is best to speak to a Fountain Valley DUI lawyer to determine how to build your case. There are many strategies for DUI cases. Some are best used in tandem, and others independently.
After reviewing your circumstance, a DUI lawyer will look for any discrepancies with the arrest or alternative explanations for test results. If there are witnesses, we can use their testimony to contradict what the police and prosecution are alleging. Video and audio evidence will help chip away at the prosecution’s case.
The goal is not to prove your innocence but to cast reasonable doubt. Criminal cases can have many consequences, and when you shift your focus from innocence to doubt, you can have a better outcome.
A Fountain Valley DUI Lawyer Can Help
The best step after a DUI is to speak with a Fountain Valley DUI lawyer who understands the complex legal process of these cases. Determining which legal strategy to cast doubt on your charges is the most significant hurdle. Sometimes the best approach is to aim for a reduction in charges, while other times, you can look at a dismissal.
Getting a DUI lawyer is beneficial, and you will benefit from a solid legal defense. Call us and schedule a consultation today.