Do You Need a Fallbrook DUI Lawyer? We Can Help
Fallbrook DUI Lawyer
A charge of driving under the influence in Fallbrook can result in considerable fines, jail time and a suspension or revocation of your driving privileges, among other life-changing penalties, and if the court finds you guilty of driving under the influence (DUI), the conviction will be visible on your driving record for ten years and on your criminal record for the rest of your life. DUI is a highly specialized area of the law, and any time you are facing DUI charges in Fallbrook or the surrounding areas, you need a defense attorney on your side who has an in-depth understanding of California DUI laws and the Fallbrook criminal court system. If you or someone you love has been arrested for DUI in Fallbrook, consult our DUI lawyers at Sevens Legal, APC as soon as possible to discuss your legal options. We will diligently defend you against the DUI charges and help you minimize the negative consequences of your DUI arrest.
Skilled Fallbrook DUI Lawyer
Driving while under the influence of drugs or alcohol is a mistake, but we don’t think a mistake like drunk driving should ruin the rest of your life, and when you hire our firm, we will use every resource at our disposal to keep that from happening. If you have been accused of DUI in Fallbrook, there is no time to waste. You will only have ten short days from the date you are arrested to schedule a hearing with the California Department of Motor Vehicles (DMV) and challenge the suspension of your driving privileges. If you miss the ten-day deadline, your license will automatically be suspended 30 days after your arrest. When you enlist the help of our DUI lawyers at Sevens Legal, we will represent you in your criminal case and we will also schedule your DMV hearing and appear at the hearing on your behalf, so don’t wait.
Fallbrook DUI
CA Vehicle Code § 23152 VC – DUI
Most people think of DUI as a single crime, but the California law governing DUI offenses actually has several components, the two main components being Vehicle Code § 23152 (a) VC, driving under the influence of alcohol, and Vehicle Code § 23152 (b) VC, driving with a BAC of 0.08% or higher. These are two separate criminal offenses arising from the same unlawful act, and you can be charged with a violation of both laws if you are arrested for a Fallbrook DUI.
Punishment for a Fallbrook DUI Conviction
If you do not have any previous DUI offenses on your permanent record and you are arrested for driving under the influence in Fallbrook, you can be charged with a first DUI. In California, a first DUI offense is prosecuted as a misdemeanor crime and carries the following penalties:
- Driver’s license suspension for six months,
- Up to $1,000 in fines, plus additional fees and costs,
- Up to six months in county jail,
- Misdemeanor probation,
- Installation of an ignition interlock device (IID), and/or
- DUI school for three to nine months.
If you have one prior DUI conviction on your record and you are accused of a new DUI within ten years, you can face criminal charges for a second-time DUI offense. Most second DUIs in Fallbrook are misdemeanor offenses, punishable by the following penalties:
- Driver’s license suspension for two years,
- Up to $1,000 in fines, plus additional fees and costs,
- Up to one year in county jail,
- Misdemeanor probation,
- Installation of an IID, and/or
- DUI school for 18 to 30 months.
If you have two DUIs on your record and you are arrested for a new DUI within a ten-year period, you can be charged with a third offense DUI. So long as there aren’t any aggravating factors that result in the crime being prosecuted as a felony, a third DUI offense is typically charged as a misdemeanor, possibly carrying the following penalties:
- Driver’s license suspension for three years,
- Up to $1,000 in fines, plus additional fees and costs,
- Up to one year in county jail,
- Misdemeanor probation,
- Installation of an IID, and/or
- DUI school for 30 months.
Fourth & Subsequent DUI Offenses
If you have three or more previous DUI convictions on your record and you are accused of another DUI during the same ten-year period, the stakes are higher than ever. Fourth and subsequent DUIs in Fallbrook can be charged as felony offenses, which carry a much more severe punishment upon conviction. For a fourth Fallbrook DUI, you could incur the following criminal penalties:
- Driver’s license suspension for four years,
- Up to $1,000 in fines, plus additional fees and costs,
- 16 months, two, three or four years in state prison,
- Felony probation,
- Installation of an IID,
- DUI school for 30 months, and/or
- Habitual Traffic Offender registration.
What You Should do After a Fallbrook DUI Arrest
Remain Silent
If you have been arrested and taken into police custody in Fallbrook for drunk driving, you may feel the need to explain yourself to the police or try to get out of facing criminal charges, especially if you believe the arrest was a mistake or the result of police misconduct. However, you need to remember that the police are not on your side, and anything you say during questioning, the prosecution can and will use against you in court. The best thing you can do after a Fallbrook DUI arrest is exercise your right to remain silent and wait to consult a DUI defense attorney.
Consult a Fallbrook DUI Lawyer
Fallbrook DUI cases are heard in criminal court, and any time you are accused of committing a crime like driving under the influence in Fallbrook, it is your right to represent your case in court, if that is something you feel comfortable doing. However, without a clear understanding of California DUI laws and the best defense strategies for fighting DUI charges in Fallbrook, representing yourself will only put you at a disadvantage against the prosecution, which will have the strength of the state on its side. DUI law is complicated and always changing, and an experienced Fallbrook DUI lawyer will be familiar with the intricacies of the law and the criminal justice system. By hiring a knowledgeable DUI attorney to represent your defense, you can considerably improve your chances of avoiding a DUI conviction or mitigating the criminal charges and/or penalties imposed by the court.
Fallbrook DUI Defense
- You drove a motor vehicle, and
- When you drove, you were under the influence, or had a BAC of 0.08% or higher.
If your defense attorney can poke holes in the prosecutor’s case and prevent him or her from establishing the individual elements of the DUI crime beyond a reasonable doubt, the prosecution has not satisfied its requisite burden of proof and you cannot lawfully be found guilty of DUI in Fallbrook.
Best Defenses for a Fallbrook DUI
Facing DUI charges in Fallbrook may seem like the worst-case scenario. After all, your license has been suspended and you are facing hefty fines and time in jail. However, you need to remember that being arrested for DUI is not even close to being the same thing as being convicted of the crime. Just because you have been charged with driving under the influence does not necessarily mean the court will find you guilty and sentence you to jail. That being said, when you are up against a practiced prosecutor, it takes the expertise of a defense attorney with considerable skill and knowledge to devise a solid defense strategy that effectively challenges the prosecution’s evidence. The following are some of the most common defense strategies for Fallbrook DUI cases:
- Unlawful arrest
- Illegal DUI checkpoint
- Lack of probable cause
- No driving
- Forced blood draw
- Miranda violation
- Title 17 violation
- False positive alcohol test
- Police misconduct
Our Fallbrook DUI Lawyers Can Help
Contacting a Fallbrook DUI Attorney Near Me
Our Clients Say
“Samantha Green was great handling my case. She got me from a misdemeanor to a fraction. Im happy with that. She also kept me updated on my case and i never had to call her for an update. I would definitely use her again and recommend her to people.” – Amanda K.
At Sevens Legal, APC we pride ourselves on our commitment to prompt responses to our potential clients and clients. Your case is very important to us and we will respond to you as soon as possible.
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