Apple Valley DUI Lawyer
That sinking feeling you felt when you saw the blue and red lights in your rearview mirror was only the beginning. From there, you were charged with a DUI, and everything got a lot worse. You’re now looking at possible jail time and fines, as well as a host of other potential consequences.
It’s easy to feel hopeless when you are in this situation. But there is hope. In California, DUI laws are strict, but a seasoned Apple Valley DUI defense lawyer can provide some hope. By hearing your side of the story and putting together a solid defense, a lawyer can give you a good shot at getting your DUI charge reduced or dismissed.
To learn more, keep reading. And for legal help after a DUI charge, reach out to the team at The Law Office of Joshua Moody.
California DUI Laws
California has some of the strictest DUI laws of any state in the United States. Adults who are found to be driving personal vehicles with a blood alcohol concentration (BAC) of 0.08 percent or higher are considered to be driving under the influence (DUI). If your BAC is at 0.16 percent, you could be subject to enhanced penalties, meaning your DUI charge might have the word “aggravated” in the title, and you could face increased jail time and fines.
Meanwhile, the DUI law is much more strict for people who are driving commercial vehicles like 18-wheelers. If you have a commercial driver’s license and are working, driving with a BAC of 0.04 percent or higher is illegal.
For underage drivers, California has a zero-tolerance policy. Driving with a BAC of 0.02 percent or higher is illegal for people who are younger than 21.
All drivers in California are subject to our state’s implied consent law. This is how the police find out your BAC. By driving a vehicle in this state, your consent to be tested for alcohol is implied. Keep in mind that this does not mean that you should always submit to sobriety testing — speak to a lawyer to discuss your options.
Penalties for DUI in California
The penalties for a DUI conviction are incredibly harsh. Here is a sample of what you could face if you are convicted of a simple, first-time DUI with no bodily injuries in California:
- 48 hours in jail (and up to six months later on, depending on your sentence)
- $2,000 in fines
- A suspension of your driver’s license
- A mandatory alcohol education program
For second and third offenses, these punishments can grow even harsher. For example, you could be in jail for up to two years for a second DUI conviction and 10 years for a third DUI conviction.
Additionally, your vehicle could be confiscated. And an ignition interlock device, which tests your breath for alcohol before allowing you to start your car, is mandatory after a third DUI offense.
As for your driver’s license, a suspension is probable. Even before you have been convicted, you could face an administrative license suspension if you refuse to submit to a BAC test or are found to have even trace amounts of alcohol in your system while on probation.
These penalties sound scary, but a DUI defense attorney in Apple Valley can help you minimize or avoid them.
Defenses for DUI Charges
If you already failed a sobriety test and were charged with DUI, you might feel like there is no way out of this. How can you defend yourself against a DUI charge when your high BAC is already on the record with the police?
There are a few ways. Here are some examples of defenses your Apple Valley DUI lawyer may be able to build for you, depending on your unique case:
- Your lawyer can question the accuracy of the results of your BAC test. Breathalyzer tests are not always accurate, and if the police did not maintain them properly or follow up with a blood test, their evidence against you may be questionable.
- You could use an affirmative defense. This means that you admit you were drinking at the time you were arrested, but you were under duress, involuntarily intoxicated, or trying to avoid a worse situation.
- Your attorney could show that your civil rights were violated when you were arrested or questioned.
This is not a complete list of DUI defenses, but it can give you an idea of some of the opportunities you may have to beat your charge.
In addition to the above defenses, your attorney may look for opportunities to get you a plea deal, in which you agree to plead guilty to a lesser charge and the prosecutor gets to avoid the effort and cost of taking your case to trial.
Why Hire a DUI Lawyer in Apple Valley?
In California, you have access to a public defender, so why should you hire a private DUI lawyer in Apple Valley?
Public defenders are often great lawyers who know California’s DUI laws well, but they are overloaded with cases, meaning they may not be able to give your case the individualized attention it needs in order for you to secure the best possible outcome.
Meanwhile, private defense attorneys can keep their caseloads small so they can focus their full attention on each client’s case. When your future is on the line, a legal ally who can devote everything to your case could be the difference between freedom and years behind bars.
Connect with The Law Office of Joshua Moody
After you have been charged with a DUI, the stakes are high. You are looking at potential incarceration and various other penalties that could plague you for years. In such a high-stakes situation, you don’t want to leave anything to chance.
But trying to defend yourself without legal help is taking a chance on your future. Working with an Apple Valley DUI lawyer can boost your likelihood of getting out of this with as little damage done to your life as possible.
Ready to get started on your DUI defense? Reach out to the trusted team at The Law Office of Joshua Moody. Give us a call at (760) 388-6205 or fill out our online contact form to schedule a consultation.