DUI Defense in Los Angeles and San Bernardino Counties
Getting pulled over for DUI might seem like bad luck and an inconvenience, but it’s much more than that. Do you realize you’ll lose your driver’s license for four to ten months, that you’ll wind up paying more than $3,000 in a combination of fines and court assessments, and that you could be sent to jail? Do you know you’ll be placed on probation for three years with a host of restrictions on your freedom of movement, that you’ll be required to attend (and pay for) alcohol school, and that you’ll be required to give breath tests whenever your probation officer or the police tell you to? And have you thought about how a DUI could affect your job, your professional license, your relationship at home, and your reputation in the community?
There is simply too much at risk with a DUI not to take the arrest seriously and get legal help at the earliest opportunity. Pleading guilty and moving on is not as easy or effective as you think, given all the consequences described above, and it might not be in your best interests. Not every DUI arrest is lawful, and even when it is, the police don’t always have a strong case or the evidence they need to get a conviction. If it’s in your interests to fight your DUI in court or negotiate a plea to a lesser offense, we’ll advise you of your options and give you the information you need to make a good decision. From the negotiation table to the courtroom, we’ll advocate for you zealously and effectively, making sure that you are treated fairly and that your rights are respected while working to obtain the most favorable outcome for you.
For help after a DUI arrest in Los Angeles or San Bernardino County, call The Law Firm of Oscar A. Ischiu, Esq. Day or night, we’ll go to work right away to secure a positive result in your DUI case.
Driving Under the Influence in California
The crime of driving under the influence (DUI) in California can be charged if you are found to be driving a vehicle with a blood alcohol concentration (BAC) of .08% or more. If you drive commercially, including as a truck driver or a rideshare driver for Uber or Lyft, you can be charged with DUI with as little as .04% BAC. And if you are under 21, you can be arrested for DUI with any level of alcohol registering on a urine, blood or breath test.
The BAC levels above are enough to get you arrested for DUI without any other evidence of intoxication. However, even if you blow below those levels, you can still be arrested and charged with DUI if the police have other evidence that your driving was impaired by alcohol. For instance, if they pulled you over for weaving or drifting out of your lane and your BAC showed alcohol below the legal limit, you might still get arrested anyway.
DUI Defenses
If you blow .08% or more on a breath test, the police or prosecutors might make you feel like they have an open and shut case against you, but this might not be true. You could have one or more of several different defenses available that could keep you from being convicted for DUI. You owe it to yourself to visit with a criminal defense attorney who will take the time to look at your case and let you know whether you should plead guilty, negotiate a better plea, or fight the charges in court. Here are just some of the defenses that might be applicable to your DUI arrest:
- You were pulled over without a sufficient reason
- You were ordered to take a breath test without legal cause
- You were given field sobriety tests or a preliminary alcohol screen that were administered improperly
- You were tested with a breathalyzer that wasn’t properly calibrated as required by law
- You were told to take a breath test without being informed of the consequences for refusal as required by law
DUI and Driver’s License Suspension in California
During your arrest, the police officer takes your driver’s license and gives you a 30-day temporary license. Meanwhile, the Department of Motor Vehicles (DMV) will immediately suspend your driver’s license for four months. This suspension occurs if you are arrested for blowing .08% or more on a breath test. You do have ten days from the arrest to request a hearing with the DMV and challenge the suspension. If you call us right away after your arrest, we can look into your case and let you know whether we think you have a good chance of challenging the suspension.
The DMV suspension happens regardless of the outcome of your DUI criminal case. If you are in fact convicted of DUI, the court will order your driver’s license to be suspended for six months, or ten months if your BAC was above .20%. You might be able to apply for a restricted license that allows you to drive to and from work or treatment, or a restricted license that allows you to drive a vehicle with an ignition interlock device (IID) installed. An IID requires you to give a breath test before starting the car, and the car won’t start if the machine registers alcohol on your breath. If you refuse to submit to the breath test, your driver’s license gets suspended for one year, and you can’t apply for a restricted license. Talk to us about your needs and whether we can help you get a restricted license.
Call The Law Firm of Oscar A. Ischiu, Esq. for Help With a DUI Arrest in Los Angeles or San Bernardino
With everything that is at stake after a DUI arrest, the smart choice is to talk to an attorney rather than trying to figure out what to do on your own. At The Law Firm of Oscar A. Ischiu, Esq., we’ll take the time to explore your case, explain your options and advise you on what we think your chances are given the different scenarios available to you. We offer an initial consultation, so you’ve got nothing to lose by giving us a call to see if we can help you out. Call us immediately after your arrest and before you give any statements to the police. With offices in West Covina, Ontario and Monrovia, we represent clients throughout Los Angeles and San Bernardino counties.
