Montclair DUI Attorney

A DUI can and does happen to anyone, including celebrities. But you don’t have to spend exorbitant legal fees to get quality legal representation. Call a Montclair DUI attorney at (888) 754-9860 to get the best opportunity for a favorable resolution of your case.

A DUI usually means certain jail time, mandatory suspension of your driver’s license, payment of thousands of dollars in fines and associated costs and the obstacles presented by having a criminal record. You have too much to risk so retaining a Montclair DUI attorney is your best choice for professional and dedicated representation.

Steps in a DUI Case

A DUI involves an administrative proceeding with the DMV, if you timely request it, concerning the suspension of your license, and the criminal stages. All of these should be handled by a Montclair DUI attorney:

  • The DMV hearing. You have only 10 days to request a hearing or your license will be immediately suspended. Your Montclair DUI attorney can challenge probable cause in stopping, detaining and arresting you and whether your BAC results were 0.08%.
  • Your Montclair DUI attorney will plead you not guilty and continue investigating your case.
  • Trial preparation. Your Montclair DUI attorney can bring motions to contest probable cause, suppress evidence and others. A conference is also held with the prosecutor where your Montclair DUI attorney will try to negotiate a plea arrangement.
  • If no plea agreement is reached, your Montclair DUI attorney is fully prepared to take your case to trial.

A Winning DUI Strategy

A Montclair DUI lawyer can form a defense based on the facts of your case. Generally, your Montclair 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 Montclair DUI lawyer can evaluate.
  • Inconsistencies and errors in police reports, testimony and other evidence.

At times, police fail to follow prescribed procedures in testing procedures and maintenance of the breathalyzer. The device itself is subject to many external factors that can result in false high blood alcohol concentration levels. Let your Montclair DUI lawyer tackle these issues for you.

DUI Penalties

DUI sentences vary based on prior DUI convictions or if aggravating circumstances were present that your Montclair 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:

  1. 48 hours in jail and up to 6-months; 3-years of probation
  2. 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
  3. Fines: $390 with costs over $1,800
  4. DUI classes: 3-months
  5. 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:

  1. Jai 96 hours and up to one year in county jail and 3-5 years probation
  2. Suspension of license. 2 year suspension with eligibility for restricted license unless testing was refused.
  3. Fines: $390 to $1000 but over $10,000 in costs
  4. DUI Classe 18 to 30-months
  5. 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:

  1. Jail. 120 days to one year in county jail and 3-5 years probation
  2. Suspension of license. 3 years with restricted license after 12-months
  3. Fines: $390 to $1000 and other costs up to $15,000
  4. DUI classes. 30-months
  5. 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:

  1. Jail. 16 months, 2 or 3 years in jail and formal probation for up to 5 years
  2. Suspension of license: 4 years
  3. Fines: Up to $5000 with associated costs of up to $18,000
  4. Habitual traffic offender status. 3 years
  5. Mandatory DUI classes. 30-months
  6. 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%. A Montclair DUI lawyer is essential for drivers risking loss of their driver’s license.

Penalties include:

  1. Jail. Same as for a motorist with a Class C license for first or multiple DUI or DWI offenses
  2. 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
  1. Fines. From $390 to $1000
  2. DUI Classes. Same as for other offenders
  3. Insurance and installation. Possible securing of SR-1 insurance and installation of an interlock system

Call a Montclair DUI Lawyer

If you were arrested for a DUI, call a Montclair DUI lawyer today at (888) 754-9860.

Montclair CA 91763
(888) 754-9860