Upland DUI Attorney

When considering an attorney to represent you in a DUI case, you have to look at the lawyer’s knowledge of the DUI laws, negotiating skills and trial experience. You have all these traits in an Upland DUI attorney whom you can call at (888) 754-9860.

There are many defense lawyers who charge low fees but handle such cases in a cursory manner, preferring to plead out clients without the time, expense, skill and willingness to take a case to trial. If a prosecutor knows a particular lawyer rarely if ever tries a case, then there is little impetus to negotiate a favorable resolution. You have no such risk by retaining an Upland DUI attorney.

Stages of a DUI Case

Proceedings in a DUI case consist of an administrative hearing with the DMV, if timely requested, and the criminal process. All of these should be handled by a Upland DUI attorney:

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

How to Beat a DUI

Your Upland DUI lawyer will examine 3 main areas when formulating defenses in your DUI case:

  • 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 Upland DUI lawyer can review.
  • Inconsistencies and errors in police reports, testimony and other evidence.

If police misconduct occurred or committed negligence in administering a breath or blood test or in following protocol, your Upland DUI lawyer will uncover them. There are dozens of factors that can affect the results of a chemical test that your Upland DUI lawyer can point out to the prosecutor or jury.

Penalties in DUI Cases

DUI sentences vary based on prior DUI convictions or if aggravating circumstances were present that your Upland 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%.

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 an Upland DUI Lawyer

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

Upland CA 91784
(888) 754-9860