Getting pulled over for DUI in Lancaster, CA is the start of a difficult legal process. A DUI conviction can mean going to jail, losing your license, and paying thousands of dollars in fines and fees. It can also be a stain on your name that follows you around at job interviews and in the community.
Fortunately, it doesn’t have to be that way if you have good legal representation. We believe that one bad mistake should not cost you years of your life. That is why we work to connect people accused of DUI with an experienced Lancaster DUI lawyer.
A knowledgeable DUI attorney may be able to help you reduce the severity of your sentence, reduce your charge to something less serious, or even win your case outright.
How Much Does a DUI Cost?
Over 300 drivers a year are arrested in Lancaster for DUI. It should be no surprise that DUI arrests are big money for the City of Lancaster. DUI cases have some of the most expensive fines of any misdemeanor, and judges have public support in being tough on drunk drivers.
The result is that the courts show little mercy for the average DUI defendant. California state law sets a complex set of penalties for DUI. The penalties are tough even for a first-time conviction and get tougher for each subsequent conviction.
That means the more DUIs you have, the worse the sentence is. A fourth DUI in 10 years actually becomes a felony case. The penalties for DUI include:
- Huge court costs: The fine for a first-time DUI is $390, but with additional court fees on top of the fine, the minimum you pay if convicted is $1,800 or more. A third or fourth DUI conviction can cost nearly $20,000.
- Losing your license: If you are convicted of DUI, your license will be suspended for a minimum of several months to as long as multiple years. However, a good DUI lawyer in Lancaster can help you minimize these penalties so you can drive to work.
- Jail or prison: First-time offenders face at least three days in jail. For a fourth offense, the minimum is six months. If your DUI is tried as a felony, you could face over a year in state prison instead.
- Mandatory treatment: All convicted drunk drivers can face some form of classroom education or alcohol treatment program, depending on the specifics of their conviction. These programs can last up to 30 months, and you foot the bill yourself.
All of these penalties have maximums and minimums. For example, going to jail for three nights is a lot easier than going to jail for thirty days. Part of a DUI lawyer’s job is to help you win your case, but part of it is to help you get the least severe sentence possible if you do get convicted.
What to Expect After Your DUI Arrest
You can be arrested for DUI in Lancaster by the Lancaster Police Department, the Los Angeles Sheriff’s Department, or the local branch of the California State Police out of the Antelope Valley office. In most cases, you will then be held at the jail facility at the Sheriff’s Lancaster Station. You will normally be processed within 24 hours and then released, either on bail (a payment you make that will be returned when you appear in court) or your own recognizance (you promise to come back for the court date).
Arraignment
If you cannot make bail, you may be held until the date of your arraignment. The arraignment is one of two important deadlines in your case. At the arraignment, you will see a judge and be asked to enter a plea for your case.
If possible, you should have consulted with a DUI lawyer before the arraignment so your lawyer could look at the evidence against you. Your attorney will evaluate the strength of the prosecution’s case and advise you on how to proceed.
Often, your lawyer will tell you to plead Not Guilty to push for an offer from the prosecution. This is a dramatic difference from a state-appointed defense lawyer, who may just tell you to plead guilty. The other key deadline comes ten days after your arrest, which is the deadline to file for a DMV hearing.
License Suspension Hearing
At your arrest, the authorities took your driver’s license and gave you a pink document as a temporary license. If you do not request a DMV hearing by the 10-day deadline, this document will expire, and your license will be suspended. The only way to keep your license until your trial is to get the hearing.
Your best chance of success at this hearing is to have a DUI lawyer represent you.
Trial and Bargaining
At the arraignment, you will be given a trial date. Your trial will likely be held at the Antelope Valley Courthouse. Get a DUI lawyer as early as possible before your trial.
Your lawyer can use the time to gather evidence, request documents from the prosecution, and poke holes in the evidence they plan to bring against you. This is when bargains are made, and they are usually much more generous than what the prosecutor first offered.
Do You Need a Lawyer for DUI in Lancaster?
It is strongly advised that you hire a DUI law firm to represent you. A skilled DUI attorney in Lancaster can use many tactics to help you win your case. These include:
Questioning the Arrest Process
Police are required to follow procedures, inform you of your rights, and handle your arrest correctly. If they ignore or break any of these rules, the entire DUI charge may be thrown out. DUI lawyers know what to look for to identify these situations.
Investigating the Evidence
Even the most seemingly scientific evidence can have holes in it. For example, a breath test is supposed to give an exact reading, but it may be calibrated wrong, the machine may not have been maintained properly, or something else in your system could have triggered a false positive. This can get evidence completely tossed out of court.
Finding Inconsistencies
What happens if the arresting officer’s statement today doesn’t match what he said in his report? What if he said you were staggering as you walked, but video footage shows you walking fine? A good lawyer will look for these inconsistencies and exploit them on your behalf.
Striking a Deal
Sometimes, your lawyer doesn’t have to prove your case. They just have to show that prosecutor that it will be a hard trial to win. Suddenly the prosecutor may offer to downgrade your charge to a lesser offense or even drop the charges completely.
More on Pretrial Diversion Programs
Getting the prosecutor to allow you to enter a pretrial diversion may be in your best interests if you hope to avoid some of the more severe penalties of a criminal conviction. Pretrial diversion programs have requirements similar to someone placed on probation or parole.
You may need to agree to one or more of the following stipulations to complete a pretrial diversion program in Lancaster:
- Attend group or individual therapy
- Avoid using illicit drugs or alcohol
- Pass random drug tests
- Attend meetings with court officials or probation officers
- Complete DUI school
- Complete a HAM or MADD VIP Program
- Complete an alcohol or drug rehabilitation program
- Pay court fees and restitution
- Complete a specified number of community service hours
These are only a few of the different types of terms that could be included as part of your pretrial diversion agreement. The prosecutor does not offer these programs to everyone. In fact, they are generally only available to first-time offenders when there is no injury or death associated with the DUI.
If you believe you meet these eligibility requirements, do not hesitate to contact your Lancaster DUI attorney to find out what your legal options are. If you do not qualify, our team will work tirelessly to prepare a powerful defense strategy at trial.
How to Find the Best DUI Lawyer
The lawyer you choose makes a difference. There are plenty of attorneys who say they take DUI cases, but that does not mean they have experience with those cases or know the tactics that win. Here is what to look for to find the best DUI defense attorney:
- They only take DUI and DUI-related cases.
- They have board certification or special training related to defending DUI cases.
- They listen to you when you talk, express interest in your case, and care about you.
- They offer their initial consultation free of charge.
How to Take Action in Your DUI Case
If you have already been arrested for DUI, you do not have time to lose. The case is already being prepared against you, and if you cannot defend yourself, the prosecutor will push for the heaviest penalties possible. Every day you delay hiring a lawyer is one less day to prepare for your trial.
Fill out the form to the right or call us right now. We will set you up with a 100% free case evaluation with the best lawyer for your case. Contact us and protect yourself today.
