Alhambra DUI Criminal Defense Attorneys
For anyone who has faced a Driving Under the Influence (DUI) charge in Alhambra, a fun night of drinking and partying can easily turn into an unfortunate run-in with the law and a series of long-term consequences. What started out to be a carefree evening could end up in a struggle to find a trusted attorney who can help protect your rights, guide you through the entire process, and fight for you in court.
For the best DUI defense, call Winfield Law!
With meticulous study and careful analysis of your case’s evidence and facts, we provide all of our clients with the solid DUI defense that they deserve.
If you are facing a DUI accusation, charge, or arrest in the Alhambra, CA area, our highly skilled and highly experienced DUI defense lawyers here at Winfield Law are ready to support, assist, and represent you.
Call Winfield Law at 310-742-8949 for a Free Consultation!
What To Do if I’m Pulled Over For a DUI
According to data gathered by the Centers for Disease Control (CDC), 1.8% of adults in California admit to driving even after drinking too much. Many times, these end up in either a car accident or getting pulled over by the police. But getting pulled over for drunk-driving doesn’t automatically render you guilty.
Here are a few things you can do (or not do) from the very start that can help your DUI defense attorney’s fight to protect your rights.
- Do not disrespect police officers. Losing your temper and hurling out insults will do you no good. Keep calm and be polite. Address the police officer appropriately and provide your license and registration when you’re asked to present it.
- Do not speak. What they say in the movies is right, anything you say can and will be used against you in the court of law. The good news is that you have the right to stay silent and are not required to speak to an officer. Avoid making incriminating statements by calmly and politely refusing to answer any of the officer’s questions.
- Do not get pressured to perform tests or give consent. Sobriety tests and vehicle searches can give the police the opportunity to find evidence against you. Performing the tests and giving consent to the search will only put you at a disadvantage. Police officers may imply that they have the outright authority to have you do these, but they actually need to obtain your clear consent in order to conduct tests as well as search warrants in order to conduct searches. Do not get pressured to do these.
Though these tips may not let you walk away from the offense scot-free, they can help mitigate the offense, minimize consequences, or cut down on insurance expenses. This is especially true when you’ve got an experienced and accomplished Alhambra criminal defense attorney by your side. With the support, guidance, and representation of DUI defense attorneys here at Winfield Law, you can rest assured that you’ve got someone who is ready and equipped to fight for your rights and dedicated to negotiate reduced criminal charges.
What are the Penalties for a California Misdemeanor DUI?
A DUI in California is when a person operates a motor vehicle under the influence of alcohol or drugs (or both), or if they have a blood alcohol level of at least 0.08. Most DUIs here in the state are prosecuted as misdemeanors, where offenders can serve most or all of their sentence under the supervision of the court without having to go to jail.
What Penalties Apply to a DUI First Offense?
When you are convicted of driving under the influence for the first time, you typically face the penalties of a misdemeanor conviction:
- Jail Time. You will serve a minimum of two days but can go up to six months in jail.
- Fines. The amount ranges from $390 to $1000.
- Classes. You must complete DUI school lasting three or nine months, depending on your blood alcohol concentration level.
- License Suspension for six months.
- Ignition interlock device (IID). If you want to drive right away on a restricted license, you will be required to install an IID to your vehicle for six months.
What Penalties Apply To A Second DUI Offense?
A second offense is when you get arrested for another DUI within 10 years of the first offense. A second DUI conviction is also generally considered a misdemeanor in California, and faces the following penalties:
- Jail Time. You must serve a minimum of ten days but can go up to one year in jail. Jail time, however, can be served on house arrest or through jail-alternative work programs.
- Fines. The amount ranges from $390 to $1000, plus penalty assessments.
- Classes. You must complete DUI school lasting 18 or 30 months.
- License Suspension for two years.
- Ignition interlock device (IID). You are required to install an IID to your vehicle for one year.
What Penalties Apply To A Third DUI Offense?
The third offense is when you get arrested for another DUI and you have two prior DUI convictions that took place within the past ten years. It is still typically considered a misdemeanor, and has the following penalties:
- Jail Time. You will serve a minimum of 120 days but can go up to one year in jail. Jail time, however, can be served on house arrest or through jail-alternative work programs.
- Fines. The amount ranges from $390 to $1000, plus penalty assessments.
- Classes. You must complete DUI school lasting 30 months.
- License Suspension for three years.
- Ignition interlock device (IID). You are required to install an IID to your vehicle for two years.
How Is A CA DUI Classified As A Felony?
Here in the state of California, DUIs are typically considered as misdemeanors, however, certain circumstances may lead it to be charged as felonies. Such circumstances are:
- Your DUI Caused Injury or Death
- You Have a Prior Felony DUI Conviction
- You Have At Least Three DUI Convictions Within a Ten-year Period
DUIs involving injury are called “wobblers” here in the state of California. This means that they can be charged either as a misdemeanor or a felony. If your DUI is the reason for someone’s injury, you will obviously be facing harsher penalties such as:
- Jail Time. You must serve a minimum of 16 months to four years in jail.
- Fines. The amount ranges from $390 to $5,000, plus restitution to the injured parties.
- Classes. You must complete DUI school lasting 30 months.
- License Suspension, up to four years, with the possibility of getting a permanent suspension.
- Ignition interlock device (IID). You are required to install an IID to your vehicle for three years, if you can even qualify for a restricted license to drive in the first place.
DUIs resulting in death, however, are usually prosecuted under the California vehicular homicide and manslaughter laws. Depending on the crime charged against you, the penalties you may face vary from one year in jail ang $1,000 in fines, to 15 years to life in a state prison.
If you have on your record at least one prior felony DUI conviction, all DUI charges following that will be prosecuted as felonies as well. If you’ve had at least 3 prior DUI convictions within the past ten years, the fourth one within the said time period will be considered a felony. For these types of felony DUIs, your past offenses make it necessary to increase penalties in length and severity.
If you or your loved one is currently facing a charge for driving under the influence (whether misdemeanor or felony charge), the best thing to do first would be to contact a trusted DUI defense attorney who specializes in California DUI laws. You’re going to need an experienced lawyer to be there for you, to give you honest legal advice, and to aggressively fight for you in court. Our team of DUI defense attorneys here at Winfield Law can do that for you.
You Don’t Have to Be Drunk To Get A DUI
A lot of people think that driving “under the influence” means operating a motor vehicle while wasted or high, but this isn’t exactly what California laws mean. Being wasted or high aren’t requisites for a DUI charge. Here in California, the substance only needs to have impaired your physical and/or mental abilities to the extent that you are unable to exercise the same level of caution you would if you were sober.
The substance doesn’t even have to be illegal. If a legally prescribed drug impaired your ability to drive safely, you can still be charged with DUI. And when this happens, you could potentially suffer from a permanent criminal record, incarceration, fines, etc. If you are facing a Alhambra, CA DUI charge, an experienced, driven, and committed defense attorney over at Winfield Law can help you get through such a difficult situation and avoid unnecessary penalties.
Most importantly, if you are charged with a drug related DUI, call Winfield Law at 310-742-8949 immediately!
Alhambra Criminal Defense Attorneys
If you’re looking for compassionate legal support, honest answers to your questions, practical recommendations regarding your case, and fierce representation in the courtroom, Winfield Law is your go-to law office criminal defense. Our highly competent criminal defense attorneys are ready to exercise meticulous research, sharp analysis, strategic negotiation, and inexhaustible perseverance to help win the fight for you.
From drug crimes, felonies, violent crimes, to DUIs, we are here to fight for your rights and ensure that you get the best possible results for your case.
Let’s Talk Now- Free Consultation
Winfield Law is committed to protecting your rights and safeguarding your freedom. DUI and drunk driving charges are serious, especially if it isn’t your first offense. Working with experienced legal support on your side is the best way to safeguard your freedom.
If you’re looking for reliable attorneys to defend you from DUI charges here in Alhambra, we’re right here for you and we’re ready to help you get your life back on track.
Call Winfield Law today at 310-742-8949 for your Free Consultation!
