Rancho Cucamonga DUI Attorney
If you have been arrested for driving under the influence, you need a DUI attorney that is experienced in defending against DUI charges. A driving under the influence conviction could have a serious impact on your life and employment. Your driving privileges can be suspended, you will be required to pay fines, you might have to serve time behind bars, and you may even lose your job. Our DUI attorney focuses on the best defense in DUI cases. We seek the best outcome possible. Just because you’ve been arrested for a DUI doesn’t mean that your case is hopeless. In some cases, the evidence can be excluded due to an officer mistake or other constitutional rights violations.
What should I do if I am arrested for a DUI in California?
If you have been arrested for a DUI, the officer will take you to jail and give you a test to determine your Blood Alcohol Content (BAC). A Chemical test may also be administered to determine the type of chemical you may be under the influence of. If you refuse to do so, you could be given an additional charge for “Refusal.” This could impact your case even more. You will be issued a Temporary Drivers License that is good for 30 days. In the meantime, your drivers license will be confiscated by the officer. You should contact a DUI attorney right away. You have 10 days to schedule a hearing with the DMV to challenge the suspension of your drivers license.
What happens at the DMV Hearing after a DUI in California?
At the hearing, the DMV hearing officer will try to determine three issues:
- Was there reasonable cause for the officer to determine that you were driving under the influence?
- Was your arrest lawful?
- Was your blood alcohol concentration (BAC) greater than 0.08%?
These hearings are conducted either in person or by telephone. You are allowed to be represented by a DUI attorney. If you win, you get to keep your driving privileges. If you lose, you could have your license suspended for 4 months to 3 years, depending on how many DUIs you had in the past, or have refused to take a chemical test.
If I win my DMV Hearing, will my DUI case be dismissed in court?
No; but you will have a stronger defense. It would be wise to have a DUI attorney represent you so that he can obtain a record of the DMV administrative hearing that can be of great value for your defense. Since DMV administrative hearings are independent of your court case, the next step will be to appear at your court hearing.
What happens at my DUI Arraignment?
At the arraignment, the court will read you the charges being filed against you. You have the chance to plead guilty, not guilty, or no contest. The prosecutor will make you an offer if you agree to make a plea that day. If you plead that day, your case will be completed and your sentence will be given. The judge will let you know if you have to serve time in jail, the amount of your fines, offer of probation, penalties, and required DUI courses. If you chose to plead not guilty, you will be given a new court date. You or your DUI attorney will receive a copy of the discovery (evidence against you) and an opportunity to challenge it.
What happens at my DUI Pre Trial Hearing
This is a chance for you or your attorney to bargain for an offer. A DUI defense attorney will be able to determine if your offer is a good deal for your situation or if it will be best to proceed with the best possible defense to the charges.
Does it sound challenging? Give the DUI defense attorneys at the Burga Law Firm a call. We defend against DUI charges in San Bernardino, Rancho Cucamonga, Riverside, Orange County, Los Angeles County.