Do You Need a Hemet DUI Lawyer? We Can Help
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
Hemet DUI
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
- 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.
- 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.
- 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
- 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
Hiring a Hemet DUI Attorney Near Me
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