HEMET DUI LAWYER

Hemet DUI Lawyer

DUI (driving under the influence) is a serious criminal offense, and if you find yourself facing criminal charges for a Hemet DUI, it may seem like the case is cut and dry and the evidence against you is insurmountable. On the contrary, while DUI is serious a criminal charge, it is one that skilled and resourceful defense attorneys routinely beat. That means you could beat your DUI charges too, with the right legal representation on your side. Whatever the nature of the DUI allegations you are facing in Hemet, Riverside County or Southern California, we can help you protect your rights and fight the charges, so you can minimize the negative impact of a DUI on your personal and professional life. When it comes to successfully fighting Hemet driving under the influence charges, you need a qualified and compassionate legal representative you can trust to formulate a strong defense and protect your rights at every turn in the case. Contact our Hemet DUI lawyers at Sevens Legal today for a free, no-obligation case review.

Affordable Hemet DUI Lawyer

Most of us are familiar with the nature of the criminal charge known as DUI, but there are some important details you may not know about California DUIs that our lawyers can help you with. For instance, when you are arrested for DUI in Hemet, you may not realize that your driver’s license will be suspended right away, before you even go to court for your criminal case. What’s more, California law gives you only ten days from that date to schedule a hearing with the California Department of Motor Vehicles (DMV) and contest the suspension, or else risk losing your driving privileges 30 days after your arrest. At Sevens Legal, we are intimately familiar with the complexities of California DUI law, we know how to navigate the criminal court process in Hemet, and we are willing to put our expertise to work for you in your DUI case. Our DUI lawyers are committed to fighting for the rights of the criminally accused in the Hemet community, and we won’t rest until we have helped you achieve the best outcome possible, whether that means a case dismissal, a reduction in charges or a lighter sentence. We know how severe an impact a DUI conviction would have on you and your loved ones, and when you choose our Hemet DUI firm, we will look out for your best interests and do everything we can to protect your freedom and your livelihood.

Hemet DUI

Every state in the U.S. has laws in place that make DUI a crime, but California has established some of the toughest DUI laws and penalties in the country, and if you are convicted of drunk driving in Hemet, you could face severe penalties imposed by both the criminal court and the California DMV. Most DUI arrests in Hemet are the result of an accident, a traffic stop or a DUI checkpoint, which is a strategy the police use as part of their DUI deterrence program, to temporarily observe large amounts of drivers on a particular stretch of road for potential signs of drunk driving.

When it comes to a DUI in Hemet, there are two levels of justification the police must have before they are legally permitted to initiate a traffic stop or carry out a DUI arrest, known as “reasonable suspicion” and “probable cause,” respectively. If you are involved in an accident, pulled over during a traffic stop or stopped at a sobriety checkpoint and the officer has a reasonable suspicion that you are under the influence of alcohol or drugs, he or she may begin a DUI investigation to determine whether or not you are intoxicated. During the investigation, the officer will ask you questions while observing you for physical signs of intoxication, such as incoherent speech, the smell of alcohol on your breath or bloodshot eyes, and may ask you to submit to a roadside breathalyzer test to measure your blood alcohol concentration (BAC). The officer may also use one or more field sobriety tests to evaluate your coordination and balance. Legally, you have the right to refuse to participate in these tests without being penalized, so long as you aren’t under the age of 21 or on probation for DUI, but refusing the tests won’t necessarily prevent you from being arrested. If the officer can establish probable cause for an arrest using other means, he or she can then order you to submit to a DUI breath or blood test, which is required by law.

DUI – CA Vehicle Code § 23152

California’s Vehicle Code § 23152 VC is the umbrella law that covers all manner of DUI offenses in Hemet, and while most people treat DUI as a single criminal offense, that is not necessarily the case, legally speaking. There are two main components to the DUI law in California, and if you are arrested for a Hemet DUI, you will likely be charged with two criminal offenses: a violation of Vehicle Code § 23152 (a) VC, the part of the law that makes it a crime to drive under the influence of alcohol, and a violation of Vehicle Code § 23152 (b) VC, the part of the law that makes it illegal to drive with a BAC measuring 0.08% or higher.

Hemet DUI Penalties

Prior to 2007, a DUI in California stayed on your driving record with the DMV for only seven years, but the law has since changed and now a DUI stays on your driving record for ten years. And because Hemet DUIs are “priorable” offenses, each additional DUI that takes place within that ten-year period of time is charged as a subsequent offense carrying increased penalties, even if the offenses are all prosecuted as misdemeanors. Under California law, if you have three DUIs on your record and you are arrested for a fourth or subsequent DUI, the new DUI can be charged as a felony offense, which carries a much tougher punishment. Because a DUI conviction in Hemet is a criminal offense as well as a traffic violation, any DUI will also be recorded on your criminal record, and if you think ten years is a long time, you’ll be surprised to hear that DUIs remain on your criminal record permanently. In some cases, if you qualify for DUI expungement, you can have the conviction “set side” and save yourself from many of the long-term consequences of a DUI conviction, but not all DUIs are eligible for expungement.

First-Time DUI Offense

• Driver’s license suspension for six months,
• Up to $1,000 in fines, plus additional fees and costs,
• Six months in county jail,
• IID (ignition interlock device) installation in your vehicle,
• Misdemeanor probation, and/or
• Three-nine months of alcohol education classes.

Second-Time DUI Offense

• Driver’s license suspension for two years,
• Up to $1,000 in fines, plus additional fees and costs,
• One year in county jail,
• IID installation in your vehicle,
• Misdemeanor probation, and/or
• 18-30 months of alcohol education classes.

Third-Time DUI Offense

• Driver’s license suspension for three years,
• Up to $1,000 in fines, plus additional fees and costs,
• One year in county jail,
• Installation of an IID in your vehicle,
• Misdemeanor probation, and/or
• 30 months of alcohol education classes.

Fourth & Subsequent DUI Offense

• 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,
• IID installation in your vehicle,
• Felony probation,
• 30 months of alcohol education classes, and/or
• Registration as a Habitual Traffic Offender.

The Do’s and Don’ts of a Hemet DUI Arrest

Don’t Answer Any Questions

After arresting you for DUI and before formally questioning you about the offense, the police are required by law to read you your Miranda rights, which serve to advise you of your legal rights with regard to your arrest, including your right to remain silent. You may not realize it, especially if they try to convince you that they are only there to help you, but the police are trained to extract incriminating statements from criminal suspects, and anything you say to the police can and will be used against you in your criminal case. The only way to ensure that you don’t accidentally incriminate yourself or make an admission of guilt is to remain silent and wait to speak to an attorney.

Do Contact a Reputable Hemet DUI Lawyer

DUI is a criminal offense and Hemet DUI charges are handled in criminal court. If you are facing criminal charges in Hemet, it is your right under the Sixth Amendment to the U.S. Constitution to represent yourself in court, if you so choose. That being said, DUI is a highly specialized area of the law, and if you don’t have a strong background in DUI defense and a clear understanding of Hemet DUI laws and criminal court procedures, you would only risk hurting your case if you attempted to handle your own defense. By hiring a DUI lawyer with extensive experience handling drunk driving cases in Hemet, you can be sure that your legal rights are protected and your defense strategy is as effective as possible.

Hemet DUI Defense

Being arrested for or charged with DUI can be stressful and intimidating, but it is important to remember that, even though you are facing criminal charges, you still have important rights, including the right to be presumed innocent until proven guilty. As in any criminal case, the prosecution in your DUI case must establish your guilt to a degree that there can be no other reasonable explanation for the evidence presented during the trial, except that you are guilty of the crime, a legal standard of proof known as “beyond a reasonable doubt.” In order to get a conviction for simple misdemeanor DUI in Hemet, for example, the prosecution must prove the following so-called “elements” of the DUI crime:

• You drove a motor vehicle, and
• At the time you drove, you had a BAC of 0.08% or higher, or you were under the influence.

If there were certain aggravating factors involved in your alleged DUI, such as excessive speed, injury to a third party, reckless driving or high BAC, the prosecution would also be tasked with proving these additional elements beyond a reasonable doubt.

Defenses for a Hemet DUI

DUIs in Hemet can carry life-changing consequences, but keep in mind that a Hemet DUI charge, no matter how serious, is only an accusation, not a criminal conviction. In other words, being accused of drunk driving doesn’t automatically mean you will be found guilty and sentenced to jail. In fact, there are many different DUI defenses your attorney can present at trial to contest the prosecution’s case and introduce an alternative version of events, including the following:

• Lack of probable cause – The arresting officer did not have probable cause to make the initial stop or arrest you for DUI
• No driving defense – You were not driving the motor vehicle
• Unlawful arrest – Your DUI arrest was not lawful
• Illegal DUI checkpoint – The police failed to comply with the strict guidelines governing DUI checkpoints in California
• Title 17 violation – The police failed to comply with Title 17 in conducting a DUI chemical test
• Police misconduct – The police used excessive force or otherwise acted in such a way that your rights were violated
• Forced blood draw – The police drew blood for a DUI test without your consent and without a warrant
• Miranda violation – You were not properly read your Miranda rights
• Inaccurate DUI test results – Your chemical test gave a false positive result

Because the burden of proof in a DUI case lies with the prosecution, if your attorney can introduce evidence that establishes reasonable doubt, he or she may be able to defeat your DUI charges.

How Our Hemet DUI Lawyers Can Help

When your future and your freedom are on the line in a DUI case, you want a legal representative with the credentials and experience necessary to obtain the best possible result. Our team of skilled DUI lawyers at Sevens Legal includes a certified criminal law specialist and a former prosecutor, which gives us a unique perspective in terms of fighting DUI charges, and when you hire our firm, we will bring more than four decades of combined DUI and criminal defense experience to your Hemet DUI case. Whether you are facing misdemeanor or felony DUI charges, DUI with injury or DUI drugs, our expert defense attorneys will examine every aspect of your DUI case and give you an honest and realistic assessment of your situation, so you can have a clear understanding of the charges you are facing and the best defense based on your individual circumstances.

Hiring a Hemet DUI Attorney Near Me

Some people still see hiring an attorney as an admission of guilt, when in reality, securing legal representation and leaving your DUI case in the hands of an accomplished, experienced DUI lawyer puts you one step closer to beating your DUI charges and getting your life back on track. DUI cases are prosecuted and punished harshly in Hemet, and the consequences stemming from a DUI conviction can adversely affect the rest of your life, possibly causing you to lose your job and your professional licensing, not to mention potentially resulting in jail time and costing you thousands of dollars, even for a first-time offense. That being said, a DUI arrest does not have to be the end of the world. If you have been accused of DUI in Hemet or the surrounding areas, Sevens Legal can help you retain your driving privileges, protect your rights and minimize your DUI penalties. Contact our Hemet DUI lawyers today to schedule your free initial consultation.