Rancho Cucamonga DUI Lawyer

Rancho Cucamonga DUI Attorney

Getting arrested and charged with a DUI can be a terrifying experience. Not only do the penalties include fines and jail time, but a conviction will follow you for the rest of your life, affecting your ability to get a job and even the amount that you pay on car insurance. To help you navigate this serious charge, you’ll need an experienced Rancho Cucamonga DUI lawyer who understands California law and how to defend you.

Julian Israel Ducre has been practicing criminal defense for years and knows how to evaluate your particular case and how to prepare to defend you in court. He is skilled at presenting the circumstances of DUI charges optimally and is not afraid to stand up for his clients.

DUI Laws in California

Every day in the United States, around 34 people die in drunk driving-related accidents. This reality underscores the potential consequences of impaired driving, and why laws are strict, enforcement is aggressive, and why DUI charges carry significant legal and societal weight.

California DUI laws and penalties reflect this serious stance. In California, anyone operating a vehicle under the influence of drugs, controlled substances, or alcohol can be arrested and charged with a DUI. If the blood alcohol level of the driver is .08% or more, then they are considered unfit to drive and can receive a DUI charge.

If you’re a commercial driver or a rideshare driver, then the blood alcohol level requirement is lower at 0.04%. California also has a “zero-tolerance” law if the driver is under 21 and has a blood alcohol level of over .01% or more.

The possible penalties for a DUI depend on many factors, including whether it’s a first offense or not.

• First offenses can receive up to 6 months in jail with a fine of $390 to $1,000, and a suspended license for up to 6 months.
• Second offenses can receive between 96 hours and 1 year in jail with a fine of $390 to $1,000, and a suspended license for up to 2 years.
• Third offenses can receive between 120 days and 1 year in jail with a fine of $390 to $1,000, and a suspended license for up to 3 years.

There can be aggravating factors that affect the intensity of your penalty, including:

• If there have been over three DUIs in the past ten years
• If the DUI caused serious injuries or fatalities
• How severely under the influence the driver was

Elements of a DUI Charge

In order to be convicted, each element of a DUI charge must be proven beyond a reasonable doubt. One element is whether the car is in the driver’s “actual physical control.” This means that the person being charged with driving under the influence must have been in control of the vehicle and have been able to move the car.

If you’ve fallen asleep with your keys out of the ignition, then you’re likely not in control of the vehicle. However, if your car is on and is parked, but you moved it even a couple of inches, then you would likely be charged with a DUI.

Another element of the charge involves what kind of vehicle it is. You can be charged with a DUI if you were under the influence even while riding a bike, scooter, or boat.

A third element involves what type of substance or how much under the influence the driver might be. Police officers look at not only breathalyzer and blood test results, but also other factors, which could include bloodshot eyes, alcohol smell on your breath, or slurred speech.

Possible DUI Defenses

Experienced DUI attorneys know what they must do to defend against a DUI charge and will do all they can to help their clients.

In a DUI court case, which might be held in the Rancho Cucamonga District’s courthouse on Haven Avenue, the prosecution must prove that the defendant drove the vehicle and that they were actually under the influence while doing so. They’d have to prove that the driver was in actual physical control of the vehicle, even if the car wasn’t on. If the prosecution can’t prove the fact that the vehicle was in their control, then it’s possible the charge may be dropped.

A Rancho Cucamonga DUI attorney could challenge the accuracy of the alcohol or drug tests. If there’s some reason to believe the breathalyzer malfunctioned or that it presented an inaccurate reading, then that could be a good defense against a DUI charge.

It’s also possible to challenge the police officer’s testimony. A DUI attorney might challenge the officer’s observations to help disprove the charge. This can be tricky, but it is a possible defense. The lawyer might be able to explain that the driver had bloodshot eyes because they had allergies or that they failed the sobriety test because they were excessively tired.

Other witnesses who saw something different might be able to provide a different perspective to help prove your innocence. A DUI attorney could interview others on the scene to find out if there was another way to interpret the scene.

A Rancho Cucamonga DUI attorney could also challenge the stop in the first place. The officer must have probable cause to pull you over, and they must read you the Miranda Rights for the charge and arrest to be valid.

Speak with our DUI attorney to find out what the possible defenses for your DUI charge might be.

How a DUI Attorney Can Help

If you’ve been charged with a DUI, you’re likely wondering if a DUI attorney is worth the cost. A DUI attorney can help you in ways that you might not be able to help yourself. An experienced Rancho Cucamonga DUI attorney can:

• Give you advice on your rights, such as when to remain quiet to avoid incriminating yourself
• Have spent years in the criminal court, and their familiarity with the process, not to mention the local judges and rules of the court, can help you immensely
• Keep a record of filings, along with the court deadlines, so that you don’t have to. If your case has a lot of motions to file, they can help take care of that for you.
• Work on plea bargains or other negotiations in the court
• Help you expunge a past conviction so that you can move on with your life

Since the consequences for a DUI conviction can be high, we recommend hiring a knowledgeable DUI attorney who can help you navigate the charges and potentially lessen how much it might impact your day-to-day life.

FAQs

Is It Worth Fighting a DUI in California?

Because a DUI charge is such a serious offense in California, it could be a good idea to challenge those charges. Even if it doesn’t affect the conviction, defending yourself might result in a reduction of the penalties, the fines, and maybe even the jail time. Possible defenses against a DUI charge might be questionable evidence, like an inaccurate breathalyzer reading, or a violation of your rights, like a lack of probable cause.

How Much Do Most Lawyers Charge for a DUI?

On average, a DUI lawyer in California can cost between $1,500 and $20,000. Different attorneys structure their fees in different ways, though, so it’s always a good idea to ask. Hiring a Rancho Cucamonga DUI lawyer could save you money in the long run, especially with jail time on the line. It could cost you hefty fines, loss of your license, and increased car insurance, not to mention a conviction might affect your ability to get hired.

Should I Hire a Lawyer for a DUI in California?

California has harsh penalties for DUI convictions, which include hefty fines, a suspended license, and jail time. A conviction can impact the rest of your life, including your ability to get a job, to drive your car, and much more. A Rancho Cucamonga DUI lawyer on your side can provide you with aggressive defense, and if you get a conviction, they can fight for lighter penalties. Hiring an experienced DUI lawyer could make a major difference in your case.

Do You Have to Go to Court for a DUI if You Have a Lawyer?

If your DUI charge is a first-time misdemeanor, then it’s likely your lawyer can attend court on your behalf, but if the case goes to trial, then you will need to be physically present. Before the trial, a DUI attorney can appear at arraignments, deal with the pre-trial hearings, work with plea deals, and argue motions on your behalf.

Contact Julian Israel Ducre To Discuss Your DUI Case

Julian Israel Ducre is a criminal defense attorney with years of experience defending those who have been charged with DUIs. He understands how scary this charge can be and can support you by providing knowledgeable legal advice, fierce representation, and clear steps through the process.

If you’ve been charged with a DUI, it’s important to seek legal counsel as soon as possible. Contact the Law Offices of Julian I. Ducre to schedule a consultation today.