San Bernardino DUI Lawyer

San Bernardino DUI Attorney

When you are in the midst of a DUI arrest, you may be filled with dread, believing that your life will change forever. While this may be the case if convicted, simply accepting your charges, pleading guilty, and suffering the consequences is not your only option. Time is of the essence after a DUI arrest. Contacting a skilled San Bernardino DUI lawyer at Law Offices of Julian I Ducre  ensures they can get to work on your case right away.

Subjecting yourself to the legal system is more than just a license suspension, fines, and possible jail time; it is resigning to living with a criminal record that can affect every aspect of your life going forward.

DUI (DRIVING UNDER THE INFLUENCE)

DUI, or “driving under the influence” is defined as operating a motor vehicle under the influence of drugs or alcohol. In the state of California, DUI is strongly prosecuted. Under the influence of alcohol for most drivers means a blood alcohol concentration (BAC) of .08% or higher. Additionally, driving while impaired by drugs (even legal marijuana) can get you a DUI. An officer suspecting you of DUI means that they believed you were not driving how a sober driver in the same conditions would have driven, whether that be speeding, swerving, or any other unsafe way of operating the vehicle.

Under the “zero tolerance” law, motorists under the age of 21 in California have a limit of .01% instead of .08%.

Being Pulled Over For DUI

There are many ways a law enforcement officer can determine whether a person is driving under the influence of alcohol or drugs. One of the most important ways is the portable breathalyzer, which can ascertain whether your breath contains alcohol or not. If a person refuses the breathalyzer test at the scene, the police officer is authorized to take him or her to the police station where a blood or breathalyzer test is performed. If the accused refuses testing at the police station, then his or her license is suspended for one year. This refusal can also lead to additional charges, such as driving violation or reckless driving, further complicating the legal situation.

DUI Felonies in California

California uses an “aggravating factors” system to increase charges on someone perceived to have committed violations deemed more heinous than driving under the influence. A common aggravating factor is causing severe injury or death while operating the vehicle. Other aggravating DUI factors include:

• Prior DUI convictions
• Driving with a minor present
• Causing an accident where another person was killed or injured

Fighting Against DUI Charges

Julian Ducre has experience fighting DUI charges. He knows that in every DUI case in California, the prosecution has to prove that you drove the vehicle and that you were under the influence of alcohol or drugs.

The prosecution will attempt this by using police records or other records of your mental or physical state when you were arrested. Mr. Ducre will work against this by looking at the evidence of your case to find any possible errors in your tests or arrest.

Getting your DUI dismissed is a difficult task you should only try to do with an attorney. A skilled San Bernardino DUI attorney has the experience necessary to find a suitable defense for your case like:

• Witnesses who disagree with the officer’s observations
• An improper or illegal arrest procedure
• The usage of unreliable sobriety tests
• Inaccurate test results

Being charged with a DUI does not mean you are automatically guilty. Please seek legal representation.

Evidence to Help Combat DUI Charges

When facing DUI charges, it is important to build a strong defense by gathering and presenting the right set of evidence. Some of the most common defenses include:

Challenging the Legality of the Traffic Stop

If police lacked reasonable suspicion when pulling you over, an attorney could argue that any evidence collected during this interaction is inadmissible.

Questioning the Accuracy of a Field Sobriety Test

These tests are not foolproof. Between having them improperly administered, calibration errors, or medical conditions that can skew the results, the validity of these tests should always be looked into.

Examining Police Procedures

It is possible that police officers could have made procedural errors in your case. This could be an act of mishandling evidence, failing to follow protocols, or not reading you your Miranda rights when being arrested.

Providing Alternative Explanations

It is true that different medical conditions, fatigue, or even certain diets can mimic the signs of impaired driving. If this is what occurred in your case, your defense attorney will need to enter evidence of these factors to cast doubt on the DUI charges.

After A DUI Charge and Conviction

If a person is found guilty of DUI, then he or she may be punished with a considerable fine, surrender of vehicle, suspension of driving license, or imprisonment.

After being arrested for DUI, one needs to submit a hearing request within 10 days to the Department Of Highway Safety and Motor Vehicles (DHSMV). If one fails to submit the requestin time, then it results in an automatic loss of the vehicle and license regardless of whether the person is guilty or not.

Once the hearing request is filed to the DHSMV, an experienced criminal defense attorney becomes essential. Julian Ducre has fought countless cases of DUI in California. Mr. Ducre can give you the strong defense you need to get the DUI charges against you reduced or dismissed. Contact Julian’s office today to schedule a free consultation or give us a call at: (951) 662-2022 Defending clients throughout Inland Empire & Pomona Valley, including:

• Fontana
• Chino
• San Bernardino
• Rancho Cucamonga
• Ontario
• Pomana

FAQ’s

How Much Is a DUI Lawyer in California?

The cost of a DUI lawyer varies across California and even across counties. Additionally, the fee of a DUI lawyer can hinge on the complexity of the case, like whether the charge is a misdemeanor or a felony DUI charge. If you have an immensely complicated DUI case like one where someone was seriously injured or killed, the cost of your DUI lawyer will be higher. It is vital to consult with an attorney about your case before making any decisions about whether to have representation.

Is It Worth Getting a DUI Lawyer in California?

A DUI conviction in California comes with serious penalties. The first offense can result in a hefty fine, a suspended license, and jail time. When your freedom is at stake, it is crucial to get a DUI lawyer. The experienced representation at The Law Offices of Julian Ducre can ensure that your rights are protected, and if there are any faults in your case, they will be found.

Facing a DUI charge alone in California can be the difference between walking free and sitting in jail for six months or more. If convicted of a felony DUI due to aggravating factors, you can expect much harsher penalties. It is not recommended to attempt to fight a DUI charge without representation.

What Are the Punishments For DUI?

Punishments for DUI in California depend on the number of offenses on your record and any aggravating factors present during your arrest. While first-time offenders still receive harsh penalties, punishments increase with every additional violation. Typical sentences include:

• First Time Offense: $390 – $1,000 fine, 6-month license suspension, and up to 6 months jail time.
• Second Time Offense: $390 – $1,000 fine, 2-year license suspension, and up to 1-year jailtime.
• Third Time Offense: $1,800 fine or less, 3-year license suspension, and up to 1-year jail time.

Additionally, a DUI conviction can follow you long after your sentence has been served. The conviction can impact employment opportunities, driving privileges, and social reputation. A knowledgeable attorney can work to minimize your sentence and impact on your future.

How Likely Is Jail Time for a California DUI?

Depending on the county, a sentence including jail time for DUI in San Bernardino can be likely. Commonly, a first offense can include a reduced sentence to avoid jail time by attending DUI school, performing community service, and being on probation.

A person convicted of a DUI with aggravating factors will have a higher chance of going to jail, even if it is their first offense.

Subsequent DUI charges increase the likelihood of jail time.

Can DUIs Be Removed From Your Record?

The state removes DUIs from your driving record after ten years, but during that period, the state cannot remove the DUI conviction. If you had only one DUI charge during that ten-year period, no DUI would be on your record after the ten years are up.

How Can I Get My DUI Dismissed?

Getting a DUI dismissed in San Bernardino takes a valid defense that can cast doubt on whether there is enough evidence to convict you. If your case is strong enough, your DUI might get dismissed. The prosecution in California must prove that you drove and were impaired while driving.

Sometimes, this is a difficult task, depending on the circumstances, and your DUI attorney will be able to understand and chart the proper defense.

San Bernardino DUI Attorney

When you are in the midst of a DUI arrest, you may be filled with dread, believing that your life will change forever. While this may be the case if convicted, simply accepting your charges, pleading guilty, and suffering the consequences is not your only option. Time is of the essence after a DUI arrest. Contacting a skilled San Bernardino DUI lawyer at Law Offices of Julian I Ducre  ensures they can get to work on your case right away.

Subjecting yourself to the legal system is more than just a license suspension, fines, and possible jail time; it is resigning to living with a criminal record that can affect every aspect of your life going forward.

DUI (DRIVING UNDER THE INFLUENCE)

DUI, or “driving under the influence” is defined as operating a motor vehicle under the influence of drugs or alcohol. In the state of California, DUI is strongly prosecuted. Under the influence of alcohol for most drivers means a blood alcohol concentration (BAC) of .08% or higher. Additionally, driving while impaired by drugs (even legal marijuana) can get you a DUI. An officer suspecting you of DUI means that they believed you were not driving how a sober driver in the same conditions would have driven, whether that be speeding, swerving, or any other unsafe way of operating the vehicle.

Under the “zero tolerance” law, motorists under the age of 21 in California have a limit of .01% instead of .08%.

Being Pulled Over For DUI

There are many ways a law enforcement officer can determine whether a person is driving under the influence of alcohol or drugs. One of the most important ways is the portable breathalyzer, which can ascertain whether your breath contains alcohol or not. If a person refuses the breathalyzer test at the scene, the police officer is authorized to take him or her to the police station where a blood or breathalyzer test is performed. If the accused refuses testing at the police station, then his or her license is suspended for one year. This refusal can also lead to additional charges, such as driving violation or reckless driving, further complicating the legal situation.

DUI Felonies in California

California uses an “aggravating factors” system to increase charges on someone perceived to have committed violations deemed more heinous than driving under the influence. A common aggravating factor is causing severe injury or death while operating the vehicle. Other aggravating DUI factors include:

• Prior DUI convictions
• Driving with a minor present
• Causing an accident where another person was killed or injured

Fighting Against DUI Charges

Julian Ducre has experience fighting DUI charges. He knows that in every DUI case in California, the prosecution has to prove that you drove the vehicle and that you were under the influence of alcohol or drugs.

The prosecution will attempt this by using police records or other records of your mental or physical state when you were arrested. Mr. Ducre will work against this by looking at the evidence of your case to find any possible errors in your tests or arrest.

Getting your DUI dismissed is a difficult task you should only try to do with an attorney. A skilled San Bernardino DUI attorney has the experience necessary to find a suitable defense for your case like:

• Witnesses who disagree with the officer’s observations
• An improper or illegal arrest procedure
• The usage of unreliable sobriety tests
• Inaccurate test results

Being charged with a DUI does not mean you are automatically guilty. Please seek legal representation.

Evidence to Help Combat DUI Charges

When facing DUI charges, it is important to build a strong defense by gathering and presenting the right set of evidence. Some of the most common defenses include:

Challenging the Legality of the Traffic Stop

If police lacked reasonable suspicion when pulling you over, an attorney could argue that any evidence collected during this interaction is inadmissible.

Questioning the Accuracy of a Field Sobriety Test

These tests are not foolproof. Between having them improperly administered, calibration errors, or medical conditions that can skew the results, the validity of these tests should always be looked into.

Examining Police Procedures

It is possible that police officers could have made procedural errors in your case. This could be an act of mishandling evidence, failing to follow protocols, or not reading you your Miranda rights when being arrested.

Providing Alternative Explanations

It is true that different medical conditions, fatigue, or even certain diets can mimic the signs of impaired driving. If this is what occurred in your case, your defense attorney will need to enter evidence of these factors to cast doubt on the DUI charges.

After A DUI Charge and Conviction

If a person is found guilty of DUI, then he or she may be punished with a considerable fine, surrender of vehicle, suspension of driving license, or imprisonment.

After being arrested for DUI, one needs to submit a hearing request within 10 days to the Department Of Highway Safety and Motor Vehicles (DHSMV). If one fails to submit the requestin time, then it results in an automatic loss of the vehicle and license regardless of whether the person is guilty or not.

Once the hearing request is filed to the DHSMV, an experienced criminal defense attorney becomes essential. Julian Ducre has fought countless cases of DUI in California. Mr. Ducre can give you the strong defense you need to get the DUI charges against you reduced or dismissed. Contact Julian’s office today to schedule a free consultation or give us a call at: (951) 662-2022 Defending clients throughout Inland Empire & Pomona Valley, including:

• Fontana
• Chino
• San Bernardino
• Rancho Cucamonga
• Ontario
• Pomana

FAQ’s

How Much Is a DUI Lawyer in California?

The cost of a DUI lawyer varies across California and even across counties. Additionally, the fee of a DUI lawyer can hinge on the complexity of the case, like whether the charge is a misdemeanor or a felony DUI charge. If you have an immensely complicated DUI case like one where someone was seriously injured or killed, the cost of your DUI lawyer will be higher. It is vital to consult with an attorney about your case before making any decisions about whether to have representation.

Is It Worth Getting a DUI Lawyer in California?

A DUI conviction in California comes with serious penalties. The first offense can result in a hefty fine, a suspended license, and jail time. When your freedom is at stake, it is crucial to get a DUI lawyer. The experienced representation at The Law Offices of Julian Ducre can ensure that your rights are protected, and if there are any faults in your case, they will be found.

Facing a DUI charge alone in California can be the difference between walking free and sitting in jail for six months or more. If convicted of a felony DUI due to aggravating factors, you can expect much harsher penalties. It is not recommended to attempt to fight a DUI charge without representation.

What Are the Punishments For DUI?

Punishments for DUI in California depend on the number of offenses on your record and any aggravating factors present during your arrest. While first-time offenders still receive harsh penalties, punishments increase with every additional violation. Typical sentences include:

• First Time Offense: $390 – $1,000 fine, 6-month license suspension, and up to 6 months jail time.
• Second Time Offense: $390 – $1,000 fine, 2-year license suspension, and up to 1-year jailtime.
• Third Time Offense: $1,800 fine or less, 3-year license suspension, and up to 1-year jail time.

Additionally, a DUI conviction can follow you long after your sentence has been served. The conviction can impact employment opportunities, driving privileges, and social reputation. A knowledgeable attorney can work to minimize your sentence and impact on your future.

How Likely Is Jail Time for a California DUI?

Depending on the county, a sentence including jail time for DUI in San Bernardino can be likely. Commonly, a first offense can include a reduced sentence to avoid jail time by attending DUI school, performing community service, and being on probation.

A person convicted of a DUI with aggravating factors will have a higher chance of going to jail, even if it is their first offense.

Subsequent DUI charges increase the likelihood of jail time.

Can DUIs Be Removed From Your Record?

The state removes DUIs from your driving record after ten years, but during that period, the state cannot remove the DUI conviction. If you had only one DUI charge during that ten-year period, no DUI would be on your record after the ten years are up.

How Can I Get My DUI Dismissed?

Getting a DUI dismissed in San Bernardino takes a valid defense that can cast doubt on whether there is enough evidence to convict you. If your case is strong enough, your DUI might get dismissed. The prosecution in California must prove that you drove and were impaired while driving.

Sometimes, this is a difficult task, depending on the circumstances, and your DUI attorney will be able to understand and chart the proper defense.

Q: How Much Can a DUI in San Bernardino County Cost Overall?

A: The cost of a DUI in San Bernardino County varies based on the circumstances of your case. Any combination of fines, court fees, mandatory DUI education programs, and potential increases to your insurance premiums can add up to quite a large sum. You may also face costs related to losing your license, like a reinstatement fee. Hiring a San Bernardino DUI lawyer can help minimize these financial consequences as much as possible.

Q: What Happens If You Refuse a Breathalyzer Test in California?

A: Refusing a breathalyzer test in California can result in some serious consequences. This is due to the state’s implied consent laws, which allow police to still arrest you and suspend your license if you engage in this refusal. The act of refusing can also be used against you in court as evidence of guilt. However, there are situations where refusing the test can create legal defenses your attorney can leverage. Connect with them to understand what options exist.

Q: How Long Does a DUI Stay on Your Record in California?

A: DUIs in California stay on your driving records for 10 years. This can affect your insurance rates and future legal situations. During this decade, it may be considered a prior offense if you are charged with another DUI. This can lead to even harsher penalties. You can work with an attorney to try and mitigate the long-term effects, like exploring the possibility of having your record sealed or having the charge expunged from your record permanently.

Q: How Do You Beat a DUI Case in California?

A: To successfully beat a DUI case in California, you need to have a set of compelling evidence collected by an attorney who will integrate them into a robust defense strategy. A lawyer can help review police reports for errors, question the accuracy of a breathalyzer test, or even challenge if the original traffic stop was legal. The key to beating a DUI case is to suppress invalid evidence and negotiate with the prosecution for a better outcome.

Contact Julian I Ducre to Get Help with Your DUI Case

Being arrested for DUI can be scary. If you or a loved one has been charged with a DUI, do not hesitate to seek legal representation. A DUI conviction is life-changing. To ensure the protection of your rights and freedoms, contact The Law Offices of Julian Ducre for a consultation today to discuss your case and chart a path forward.