Fontana DUI Attorney
Having been charged with a DUI is more than just embarrassing. If convicted, it can have an adverse impact on your current job and career advancement or inhibit your ability to find suitable employment or even housing. Don’t face a DUI charge alone or with an inexperienced attorney. Call a Fontana DUI attorney at (888) 754-9860.
The immediate effect is jail time, suspension of your license for months or years if you have prior convictions, having to pay thousands of dollars in fines, costs and increased insurance rates, attending DUI classes and possible installment of an ignition interlock system on your car. Don’t just accept the penalties–call a Fontana DUI attorney.
DUI Proceedings
Proceedings in a DUI case consist of an administrative hearing with the DMV, if timely requested, concerning the suspension of your license, and the criminal process. All of these should be handled by a Fontana DUI attorney:
- The DMV hearing. You have only 10 days to request a hearing or your license will be immediately suspended. Your Fontana DUI attorney can challenge probable cause in stopping, detaining and arresting you and whether your BAC results were 0.08%.
- Your Fontana DUI attorney will plead you not guilty and continue investigating your case.
- Trial preparation. Your Fontana DUI attorney can bring motions to contest probable cause, suppress evidence and others. A conference is also held with the prosecutor where your Fontana DUI attorney will try to negotiate a plea arrangement.
- If no plea agreement is reached, your Fontana DUI attorney is fully prepared to take your case to trial.
Winning a DUI Case
A Fontana DUI lawyer will examine particular key issues in your case in forming a defense. In most cases, your Fontana DUI lawyer will look at these 3 main areas:
- Rights violations. Police have to follow certain procedures in stopping and detaining, questioning and arresting you or your case could be dismissed.
- Chemical test violations. There are numerous ways to challenge a breath or blood test that your Fontana DUI lawyer can evaluate.
- Inconsistencies and errors in police reports, testimony and other evidence.
Police misconduct in stopping and arresting you occurs at times as does their carelessness in how your breath or blood test was administered. There are dozens of factors that can affect the results of a chemical test that your Fontana DUI lawyer can point out to the prosecutor or jury.
DUI Penalties
DUI sentences vary based on prior DUI convictions or if aggravating circumstances were present that your Fontana DUI lawyer will advise you on. Otherwise, these penalties typically are imposed:
First DUI or DWI
The usual penalties for a first DUI or DWI are:
- 48 hours in jail and up to 6-months; 3-years of probation
- Suspension of license. Loss of driving privileges for 4 to 10-months though you may be eligible for a restricted license; if BAC testing was refused, the suspension is one year
- Fines: $390 with costs over $1,800
- DUI classes: 3-months
- Insurance and installation: Secure SR-1 insurance and possibly install an interlock ignition system
Second DUI or DWI
Penalties for a second DUI or DWI within 10 years of the first include:
- Jai 96 hours and up to one year in county jail and 3-5 years probation
- Suspension of license. 2 year suspension with eligibility for restricted license unless testing was refused.
- Fines: $390 to $1000 but over $10,000 in costs
- DUI Classe 18 to 30-months
- 5. Installation and insurance. SR-1 insurance and Interlock ignition system
Third DUI or DWI
Conviction of a third DUI or DWI in 10 years may include:
- Jail. 120 days to one year in county jail and 3-5 years probation
- Suspension of license. 3 years with restricted license after 12-months
- Fines: $390 to $1000 and other costs up to $15,000
- DUI classes. 30-months
- Installation and insurance. SR-1 insurance and interlock system
Fourth DUI or DWI
A fourth DWI or DWI could be negotiated to a misdemeanor. If a felony, you face:
- Jail. 16 months, 2 or 3 years in jail and formal probation for up to 5 years
- Suspension of license: 4 years
- Fines: Up to $5000 with associated costs of up to $18,000
- Habitual traffic offender status. 3 years
- Mandatory DUI classes. 30-months
- Installation and insurance. SR-1 insurance and interlock system
Commercial DUI or DWI
Commercial drivers can be convicted of a commercial DUI or DWI if their BAC is 0.04%.
Penalties include:
- Jail. Same as for a motorist with a Class C license for first or multiple DUI or DWI offenses
- Driver’s license suspension.
- Loss of commercial driver’s license for one year, regardless of the vehicle you were driving
- Life-time suspension for a second conviction
- Your Class C license is also affected
- Fines. From $390 to $1000
- DUI Classes. Same as for other offenders
- Insurance and installation. Possible securing of SR-1 insurance and installation of an interlock system
Call a Fontana DUI Lawyer
If you were arrested for a DUI, call a Fontana DUI lawyer today at (888) 754-9860.