California DUI Penalties Can Be Serious
California prosecutors take drunk driving seriously, and even a first conviction may trigger serious consequences. Most California DUI charges are misdemeanors, but even a misdemeanor carries a possible sentence of up to three years in jail. A first-time DUI offender may also be placed on probation for up to three years, be assessed significant fines, and lose his or her driver’s license for four months.
California DUI Penalties are Only the Beginning
The penalties imposed by the criminal court system and the California DMV can be serious, but they’re not the only consequences a person convicted of drunk driving in California may face.
The indirect consequences of a conviction may have a significant impact on the driver’s life.
Some examples include:
• A jump in automobile insurance rates
• A criminal record, which may impact the driver in many ways
• Possible limitations on employment options
If you’ve been charged with DUI in California, you must act quickly to protect your rights and prepare your defense.
You Only Have 10 Days to Request a California DMV Hearing
One of the California DUI penalties of great concern to many clients is the driver’s license suspension. Losing your license can create a significant burden, interfering with your ability to earn a living, care for your family, and attend to many important areas of your life.
You’ve undoubtedly heard the driver’s license suspension that occurs after a BAC test result of .08% or greater as “automatic,” but that’s a bit misleading. While the suspension automatically takes effect 30 days after the arrest, you can fight the suspension—but only if you take action immediately.
You have just 10 days to request a hearing on the Administrative Per Se license suspension. If you do not request this hearing, generally called an “APS hearing,” within 10 days, you will be barred from contesting the license suspension.
Defenses to Administrative Per Se License Suspension
Many California drivers mistakenly believe that there’s no way to fight the administrative suspension if they’ve failed a breathalyzer or blood alcohol test. However, an experienced criminal defense attorney knows better. DUI lawyer Robert Miller has educated himself on the science surrounding blood testing and breath testing, and knows how to challenge the validity of the BAC test results.
In some cases, the suspension may also be challenged on legal grounds. For example, if the law enforcement officer did not have reasonable cause to believe that you were operating a vehicle under the influence, he may have overstepped his authority in requiring the blood or breath test and the results may be inadmissible.
Fighting California DUI Charges
California DUI Penalties Can Be Serious. But being charged with driving under the influence doesn’t necessarily mean a DUI conviction. An experienced DUI lawyer may be able to fight the charges against you by:
• Successfully arguing that the police officer did not have reasonable cause to stop you, or to administer a blood or breath alcohol test
• Filing a motion to suppress critical evidence, such as the BAC test result
• Demonstrating that the officer improperly administered or interpreted field sobriety test results
• Calling into question the accuracy or reliability of the chemical test results
Give yourself the advantage of a seasoned DUI defense lawyer on your side. When you retain attorney Robert Miller to represent you in a California DUI case, Mr. Miller will thoroughly investigate all aspects of your case to determine the best way to fight the charges against you.
See What Our Past DUI Clients are Saying
“Robert is professional, incredibly intelligent and not only a great attorney, but a great person to work with.” – Rebecca N. (Yelp)
“I found Robert Miller to be both professional and approachable. He returned my calls quickly and answered my questions with confidence. I felt that he explored every option available to me and fought hard on my behalf. I would gladly recommend Robert Miller to anyone who needs to-notch legal counsel and specifically a great DUI defense attorney.” – Elizabeth O. (Yelp)
See What Other Attorneys are Saying about Our DUI Lawyer
Attorney Robert Miller has more than 60 endorsements from other lawyers on Avvo. Other attorneys know that California DUI penalties can be serious, and here’s what a few of them have to say:
“Attorney Miller is an excellent advocate for his clients, and his mastery of the DUI/DWI Law in California is top-notch. I endorse him as a great advocate, and lawyer.” — Anthony Rao, Child Custody Attorney
“I endorse this lawyer. Attorney Miller is an outstanding attorney with an exceptional reputation. He is one of the best lawyers in his state and a credit to the legal profession. If I was arrested for drunk driving I would call him immediately. He is the best of the best.” — Howard Lewis, Divorce and Separation Attorney
“Robert Miller is one of the go to criminal defense lawyers in Southern California. He is knowledgeable, respected by his peers legal community, and is dedicated to her clients. Robert is effective in dealing with judges and opposing counsel. Without reservation I endorse this lawyer.” — Randall Longwith, Criminal Defense Attorney
Avoid or Minimize California DUI Penalties
California DUI Penalties Can Be Serious. Attorney Robert Miller has handled thousands of cases, and has achieved positive results for many clients in a wide range of circumstances. Our first step is always to thoroughly examine the specifics of your case for flaws or violations of your rights that will allow us to secure a dismissal. If that isn’t an option, we’ll fight for the least severe California DUI penalties.
You owe it to yourself to get help now. Contact us today.