Being arrested and convicted for a DUI in California can come with some very steep consequences, including high fines, jail time, driver's license suspensions, attending DUI classes, and possibly installing an Ignition Interlock Device on your vehicle. There are many factors that are taken into consideration in sentencing for DUIs. For example, the number of prior DUI convictions that you have can be instrumental in determining your sentence upon conviction. While a first offense DUI does not carry a mandatory jail term, the 2nd and 3rd DUI convictions do. A 2nd DUI conviction within 10 years of your first conviction carries a minimum ninety-six (96) hours of jail time, and a 3rd DUI conviction carries a minimum of 120 days of jail time. And then there are Felony DUI's and DUI's with bodily injury. The DUI laws in California are complex and you should consult with our San Bernardino County DUI attorney, if you or a loved one has been arrested for a DUI. Our Victorville DUI attorney is ready to discuss your case with you. Call us today at 760-948-0630 to set up your free consultation.
When you are arrested for a DUI in California, you are most likely going to be charged with two sections of the Vehicle Code: 23152(a) and 23152(b), depending on the facts of your case. These are the most common Vehicle Codes that prosecutors use to charge people who have been arrested for DUI. The focus of this sections will be what the prosecution has to prove to convict you of Vehicle Code 23152(a): Driving under the influence of alcohol. In order to be convicted of Vehicle Code 23152(a), the prosecution must be able to prove
1) That you drove the motor vehicle; and
2) that you were under the influence of alcohol and/or drugs at the time of driving.
While these elements, may seem fairly self-explanatory, this is not always the case. There are many issues and defenses that can come up to refute either of the elements. A Victorville DUI attorney at Martell Law Corp. will be able to discuss your DUI case with you to determine whether the prosecution will be able to prove their case.
There are several defenses to DUI that our San Bernardino County DUI attorney can help you evaluate. The defenses to DUI include, but are not limited to the following:
1) You were not actually driving the motor vehicle;
2) You were not under the influence at the time of driving;
3) The police did not follow proper constitutional procedure;
4) The equipment that the police used to test for alcohol/drugs is inaccurate.
As you can see, there could be a number of defenses to your DUI charges, and you should not plead guilty to a DUI in San Bernardino County without consulting a San Bernardino County DUI attorney. There is too much at stake to just plead guilty, without an evaluation of your case. Call our Victorville DUI attorney today at 760-948-0630 to discuss you case and schedule a consultation.