FALLBROOK DUI LAWYER

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

If you have been charged with the crime of misdemeanor or felony DUI in Fallbrook, you may be concerned about the effect a DUI conviction could have on your future, your finances and the well-being of your family. DUI crimes are punished harshly in California, even for a first DUI offense, and because DUI offenses in Fallbrook are “priorable,” the punishment you could face increases with each subsequent DUI that occurs within a ten-year period. Whether you are facing misdemeanor or felony DUI charges, our Fallbrook DUI lawyers at Sevens Legal will work tirelessly to get you a satisfactory outcome with the fewest consequences possible, based on your specific circumstances.

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

Just like every other state in the country, California has laws against driving under the influence. In California, if you are pulled over during a traffic stop or at a DUI checkpoint and the law enforcement officer who stops you has probable cause to believe you may be under the influence, he or she may begin a DUI investigation. During a Fallbrook DUI investigation, the law enforcement officer will observe you for any physical signs of intoxication and may also ask you to take a roadside breathalyzer test to determine your blood alcohol concentration (BAC). The officer may also have you execute a series of field sobriety tests, such as the walk-and-turn test, the one-leg stand test and the horizontal gaze nystagmus test, in order to evaluate your balance and coordination. If you are over the age of 21 and not on probation for DUI at the time, you have the right to refuse these tests without facing penalties for your refusal. However, if the officer has any other reasonable cause to suspect that you may be under the influence of alcohol or drugs, he or she can arrest you anyway and take you into police custody. If that happens, California law requires that you submit to a DUI breath or blood test.

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

The state of California has taken a stand against DUI offenses, and the DUI laws and penalties in Fallbrook and throughout California are therefore some of the toughest in the nation. The specific penalties you may incur as a result of a DUI conviction in Fallbrook can vary significantly depending on the facts of the case, the most important facts being whether anyone was injured as a result of the DUI and whether you have any prior DUI convictions on your record. Because DUI crimes in California are priorable, the punishment for a Fallbrook DUI conviction increases with each new DUI occurring within ten years. The following criminal penalties are what you can expect to face for a first, second, third or fourth DUI conviction in Fallbrook:

First-Time DUI Offenses

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.

Second-Time DUI Offenses

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.

Third-Time DUI Offenses

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

Some people think that the only course of action after being charged with DUI is to plead guilty, pay the fine and spend time in jail, but we believe that Fallbrook DUI charges are worth fighting. In fact, DUI is a criminal charge that reputable defense attorneys routinely beat. As a defendant in a DUI case, just like in any other Fallbrook criminal case, you are provided important rights by the law, including the legal right to be presumed innocent unless you can be proven guilty, and the prosecutor is the one who bears the burden of proving the DUI crime beyond a reasonable doubt. For a simple misdemeanor Fallbrook DUI, the so-called “elements” of the crime the prosecution must establish include:

• 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

When you hire our law firm, our knowledgeable DUI lawyers will thoroughly investigate every individual aspect of your DUI case, including the details of the initial traffic stop, the legality of the DUI arrest and the result of the chemical test. We will also ensure that you understand your legal options and work diligently to help you retain your driver’s license. It is our main priority to fight for your rights and help you avoid the damaging repercussions of a DUI conviction, and we will use every resource available to us to devise the strongest defense possible given the specific details of your case. We understand how severely a DUI conviction would affect you and your family, and we will do everything we can to help you get a satisfactory outcome in your DUI case, whether that may be a dismissal of the criminal charges, a reduction in the charges or a lighter sentence. DUI charges can result in severe legal penalties, but DUI is a charge experienced defense attorneys routinely beat. By hiring our reputable Fallbrook DUI lawyers, you can automatically improve your chances of defeating your DUI charges, clearing your name and moving on with your life.

Contacting a Fallbrook DUI Attorney Near Me

Depending on the circumstances of your case, a criminal conviction for DUI in Fallbrook could cost you your job, your driver’s license, your professional licensing and your freedom, not to mention costing you thousands of dollars and damaging your reputation. If you have been charged with or arrested for DUI in Fallbrook or elsewhere in Southern California, don’t let a DUI conviction ruin your record. Our DUI attorneys at Sevens Legal bring to the table more than 40 years of experience defending clients against DUIs in Fallbrook and throughout San Diego, Riverside, Los Angeles and Orange Counties, and we can help you understand exactly what you are up against.