A motorist holds his head as an officer shows him the breathalyzer results. You could get your case dropped or charges reduced with the help of a DUI lawyer in San Clemente.
The costs and inconvenience of a DUI arrest are extreme in California, and penalties for even first-time offenders are tougher than they used to be. If you’re convicted, you’ll lose your license, pay fines, do jail time, and have negative permanent marks on your driving record.
However, don’t assume that there’s no hope for your DUI case. We can get you in touch with the best local DUI attorney in San Clemente for your case. They’ll look at the details of your arrest, alcohol tests, and other factors to build the best defense with the best outcome in mind.
What Are the Consequences of a DUI In San Clemente?
The penalties for a first-offense DUI in San Clemente used to be less extreme, but all DUI offenses have been treated more harshly throughout the country in recent years. DUI convictions bring in a lot of money for the city and are also a popular topic for politicians.
The sentence for a first-time DUI is steep, and they increase with each subsequent offense. Your sentencing could also depend on your blood alcohol concentration (BAC) at the time of your DUI. Here’s what you can expect in potential penalties with each level of DUI arrest.
First-Time DUI Conviction Penalties
Under California law, the first DUI conviction is treated as either a misdemeanor or a felony. Both are criminal offenses, but misdemeanors are considered less serious than felonies. If your DUI is charged as a felony, you’ll likely face tougher sentences. You’ll also obtain a felon status that can affect significant areas of your life, such as your basic rights and career options.
For this reason, your DUI lawyer will seek to get you the lightest conviction. If convicted of DUI for the first time, you can face the following penalties:
- Driver’s license suspension, typically for six months, including an ignition interlock device (IID) on your car.
- 48 hours to six months of jail time
- Three years of informational probation
- 30 to 60 hours of DUI school
- Between $390 and $1,000 in fines, plus penalty assessments
Second DUI Conviction Penalties
A second DUI conviction is a misdemeanor in the State of California. Penalties may include:
- Two-year driver’s license suspension and IID
- 96 hours to a year of jail time
- Between $390 and $1,000 in fines, plus penalty assessments
- Three years of informational probation
- 18 to 30 months of DUI school
Third DUI Conviction Penalties
A third offense is also typically considered a misdemeanor in San Clemente and carries the following penalties:
- Two-year driver’s license suspension and IID for at least two years
- 120 days to a year of jail time
- Between $390 and $1,000 in fines, plus penalty assessments
- Three to five years of informational probation
- 30 months of DUI school
What Happens When My License is Suspended After a DUI?
After being arrested for a DUI, you’re probably worried about having your driver’s license suspended. Thankfully, there are ways to avoid losing your license or shorten your suspension period. A drunk driving defense lawyer will know what to do.
Suspension can happen in three different ways:
- Administrative suspension: 30 days after you’re arrested for a DUI, your license will be suspended. You can appeal this by requesting a DMV hearing within 10 days of your arrest. This is tricky and has to be done quickly, so it’s best to do this with the help of a DUI attorney.
- Full suspension: After you are charged with a DUI, you will receive your license suspension. During this period (a minimum of two months for a first offense), it’s illegal for you to drive.
- License restriction: During your license restriction period (a minimum of two months), you’re only allowed to drive to and from work and alcohol treatment.
Having your license suspended isn’t easy, as it restricts your freedom and keeps you from getting to and from various responsibilities. A DUI lawyer may be able to help you avoid suspension.
If your charge is dropped, the court will not suspend your license at all. Even if your charge isn’t dropped, there are ways for a DUI attorney in San Clemente to reduce your suspension time.
By avoiding administrative suspension, making a deal with the prosecution, and helping you understand how to reinstate your license, we can make sure you’re back in the driver’s seat as soon as possible.
What if Someone Was Injured or Killed?
If someone was injured during a DUI accident you caused, penalties are typically more severe than for a standard DUI conviction. Your DUI can either be charged as a misdemeanor or a felony. If charged as a felony, your DUI can send you to prison for between 16 months and four years with fines ranging between $390 and $5,000.
If someone was killed as a result of your DUI, you’ll usually be prosecuted under California’s murder or vehicular manslaughter laws that can result in either of the following charges:
- Second-degree murder
- Negligent vehicular manslaughter while intoxicated
- Gross vehicular manslaughter while intoxicated
Penalties for these charges can range from up to a year in jail and $1,000 in fines to 15 years to life in prison.
What if I Got a DUI in a Commercial Vehicle?
Not only does a DUI in a commercial vehicle carry heavier consequences than a regular DUI, but there is also a lower threshold for driving under the influence.
As opposed to the normal 0.08% BAC limit that most drivers are held to, commercial drivers who have a 0.04% BAC are guilty of driving under the influence. That means you’re being held to a higher standard than other drivers.
If you’re arrested for a DUI in a commercial vehicle, you have some extra penalties, along with the others you would normally receive. Extra penalties include:
- One-year suspension of your Commercial Driver’s License (CDL) for a first offense
- Permanent revocation of your CDL for a second offense within 10 years
In addition to the legal repercussions of a commercial DUI, you will most likely also face professional repercussions. A DUI makes it much harder to be rehired, even years after your arrest. Your insurance will also go up, making it almost impossible to continue working as a driver if you own your own vehicle.
Just like non-commercial drivers, you could benefit from the help of a San Clemente DUI attorney. Our firm knows how to handle DUIs in commercial vehicles and could possibly save you from losing your CDL.
Is Fighting a DUI Worth It?
Yes, it’s almost always worth it to get a skilled DUI attorney and fight your charge. Often, an experienced California lawyer can get your charge reduced or even completely dropped, ultimately saving you money.
Getting a free consultation with one of our San Clemente DUI attorneys can be your first step to avoiding a conviction. Our lawyers can assess your case and tell you what the possible results could be for your DUI.
What Can a DUI Lawyer in San Clemente Do for Me?
In any DUI case, a San Clemente attorney will bring unique and valuable skills to the table to help you get the best deal possible. Things that our DUI lawyers can do for you include:
- Reviewing evidence of your arrest
- Looking for any discrepancies between your arresting officer’s account and what really happened
- Watching out for any violations of your rights
- Building arguments for a reduction or cancellation of your sentence
- Negotiating a lower charge with the prosecutor
- Finding inadequacies or glitches in your testing
Our California lawyers have the skill set necessary to fight your charge for you. Rather than trying to take on your case alone, you should get the help of someone who can save you money in the long run.
How Much Does a DUI Lawyer Cost in California?
A California DUI attorney’s fee can vary widely depending on the factors of your case. Often, things that go into your lawyer’s fee can include:
- Time put into your case: A more complex DUI charge will take harder work and more time, meaning your lawyer will have to charge you more.
- Included costs: Expenses like lab tests or subpoena fees and perks like free rides to and from the courthouse can make the cost of hiring a DUI lawyer in California go up.
- Your lawyer’s experience and skill level: The simple fact is that better lawyers often cost more. If a lawyer charges you a surprisingly low fee, that could mean that they are less likely to win your case.
Most DUI lawyers charge by the hour, so they won’t charge you upfront. Initial consultations with us are free, though, and you will agree on your attorney’s rate before they get to work on your case.
Three Things to Look for in a DUI Lawyer
Since the penalties for a DUI offense can be harsh, especially without an experienced lawyer, here are three things you should always look for when choosing your legal representation:
Experience
A great DUI lawyer will have plenty of history in this field, including a solid track record of victories for their clients, board-certified DUI expertise, and training in DUI defense. Don’t be afraid to ask for proof of experience.
A True Focus on DUI Cases
A lawyer can say they’re a DUI lawyer, but unless they focus exclusively on DUI cases, they don’t have the level of expertise you need. Seek an attorney who only works on DUI cases. They’ll know exactly what’s needed to provide you the best chance of walking away with the minimum penalties.
Free Case Evaluation
If an attorney wants to charge you just for a consultation with them, walk the other way. It’s not standard practice for an experienced DUI lawyer to make you pay for talking to them about your case. Look for someone who is confident in offering you a free consultation, no strings attached.
Talk to a San Clemente DUI Lawyer Today
Working through a DUI charge is stressful and often confusing. You deserve the best San Clemente DUI attorney possible, so let us connect you with one from the area. For a FREE consultation with a top DUI lawyer in your location, call us today or fill out the form to the right.
