TEMECULA DUI LAWYER

Temecula DUI Lawyer

Most people know that DUI stands for driving under the influence, which is a crime in California and in every other state as well, but many people don’t realize that DUI charges can result in serious, life-altering consequences, such as exorbitant fines, time spent in jail, a lengthy driver’s license suspension, and more. Needless to say, a DUI conviction can have a significant adverse impact on your future and your family’s well-being, and only with the help of a skilled and aggressive Temecula DUI lawyer, can you ensure that your rights and interests are protected when fighting DUI charges. If you or someone you know has been charged with the crime of DUI in Temecula or elsewhere in Riverside County or Southern California, contact our expert DUI lawyers at Sevens Legal immediately. Together, our legal team has more than 40 years of experience in Temecula DUI defense and criminal defense, and we can help you avoid an unfavorable result in your Temecula DUI case.

Affordable Temecula DUI Lawyer

A simple mistake or oversight in dealing with a Temecula DUI charge can potentially affect the rest of your life, which is why it is imperative that you understand your rights and how best to protect them, so you can be as prepared as possible and do everything necessary to minimize the negative consequences of a DUI arrest or conviction. It is also important to have an attorney on your side who specializes in DUI defense, so you know exactly what you are up against from the very beginning and have all the information you need to fight the charges and clear your name. For instance, many people don’t realize that when you are arrested for driving with a BAC that exceeds California’s legal limit, the Department of Motor Vehicles (DMV) takes immediate action to suspend your driver’s license, even before your case goes to court. And you will then have just ten days to challenge the suspension, or risk automatically losing your driving privileges 30 days after your arrest. When you enlist the help of our Sevens Legal DUI lawyers, we will aggressively fight for your rights and work to reduce any negative consequences you may face as a result of the DUI. We are prepared to stand by your side at every step, and in addition to defending you against the DUI charges in criminal court, we can also appear at your “Administrative Per Se” hearing with the DMV, to advocate for you and help you prevent the suspension of your license.

Temecula DUI

Driving under the influence is a crime in every state, but the laws against DUI in California are some of the toughest in the country, and if you are arrested for DUI in Temecula, it is important to know your rights regarding the initial stop and DUI arrest. Most arrests for DUI in Temecula are initiated as a result of a traffic stop, a motor vehicle accident or a DUI checkpoint, but law enforcement officers do not have the right to just pull you over or arrest you without having a certain level of justification, known as “reasonable suspicion” or “probable cause.” If you are pulled over by a law enforcement officer in Temecula and the officer has reasonable suspicion to begin what is known as a “DUI investigation,” you will likely be asked to complete a series of field sobriety tests or a roadside breathalyzer test to determine your blood alcohol concentration (BAC).

According to DUI law in California, if you are over 21 years of age and not on probation for a DUI crime, it is your legal right to refuse the DUI tests without facing any additional penalties. However, if you refuse the tests, that does not mean you can’t still be arrested for DUI. If the officer has other reasonable cause to believe you are intoxicated or otherwise impaired, you can be placed under arrest and taken into police custody. And under California’s “implied consent” law, if you are lawfully arrested for a Temecula DUI, you are legally required to submit to chemical testing in the form of a breath or blood test. It is important to note that the reasonable suspicion standard required for traffic stops and DUI arrests in Temecula does not apply to DUI checkpoints. If the police are conducting a lawful sobriety checkpoint in Temecula, reasonable suspicion is not required to stop you at the checkpoint and observe you for signs of intoxication.

California Vehicle Code § 23152 VC – DUI

Although most people think of DUI as a single criminal charge, if you are arrested for DUI in Temecula, you could actually face two separate charges arising from the same unlawful act: driving under the influence of alcohol, a violation of California Vehicle Code § 23152 (a) VC, and driving with a blood alcohol concentration of 0.08% or higher, a violation of California Vehicle Code § 23152 (b) VC. The former is the “subjective” standard for DUI offenses in Temecula and the latter sets forth the “per se” definition of DUI.

Temecula DUI Penalties

Driving under the influence is a serious criminal charge for a person to face, especially for those individuals who have prior DUI arrests or convictions. In California, DUIs are known as “priorable” offenses, which means if you are arrested for a Temecula DUI and you have a previous DUI or wet reckless conviction on your record that took place within the past ten years, that conviction will count as a prior offense for the purposes of determining whether the new DUI is a second or subsequent offense carrying enhanced penalties. If more than ten years have passed since the previous DUI, the new offense would be treated as a first-time DUI with no penalty enhancement. The following are the harsh DUI penalties you could face for a first, second, third or fourth offense in Temecula:

First-Time DUI Offense

If you don’t have any DUI priors on your record and you are arrested for drunk driving in Temecula, you may face criminal charges for a first-time DUI. Under California law, most first DUI offenses are misdemeanor crimes carrying the following potential penalties:

• A county jail sentence of up to six months,
• Suspension of your driver’s license for six months,
• Misdemeanor probation,
• Up to $1,000 in fines, plus additional fees and costs,
• Ignition interlock device (IID) installation, and/or
• DUI classes for three to nine months.

Second-Time DUI Offense

If you have a prior DUI on your criminal record and you are caught driving under the influence during the ten years following your first DUI, the new offense will be charged as a second-time DUI. Most second DUI offenses in California are also considered misdemeanors carrying the following potential penalties:

• A county jail sentence of up to one year,
• Driver’s license suspension for two years,
• Misdemeanor probation,
• A maximum fine of up to $1,000, plus other fees and costs,
• IID installation, and/or
• DUI classes for 18 to 30 months.

Third-Time DUI Offense

If you have two prior DUI convictions on your record and you are arrested for a new DUI within ten years, the new offense will be charged as a third-time DUI. Unless there are certain “aggravating factors” in play that make the DUI a felony, most third DUI offenses in Temecula are misdemeanors carrying the following potential penalties:

• A county jail sentence of up to one year,
• Driver’s license suspension for three years,
• Misdemeanor probation,
• A fine of up to $1,000, plus other fees and costs,
• IID installation, and/or
• DUI school for 30 months.

Fourth & Subsequent DUI Offense

If you have three prior DUI convictions on your record and you are arrested for a subsequent DUI within ten years, you may face criminal charges for a fourth-time DUI. Under California law, fourth and subsequent DUI offenses occurring within a ten-year period can be prosecuted as felony DUIs, which are punished much more harshly. If you are charged with felony DUI in Temecula, you could face the following potential penalties:

• A state prison sentence of 16 months, two, three or four years,
• Driver’s license suspension for four years,
• Felony probation,
• A maximum fine of up to $1,000, plus other fees and costs,
• Installation of an IID,
• DUI classes for 30 months, and/or
• Status as a Habitual Traffic Offender.

What to do After a Temecula DUI Arrest

Remain Silent

Being accused of a crime like DUI is stressful and intimidating, and after being arrested for DUI in Temecula, you will be tempted to explain yourself to the police to try to avoid facing criminal charges. The police will try to get you to talk before consulting an attorney, hoping that you will make an incriminating statement or admission of guilt that can be used against you later. But remember, the Fifth Amendment to the U.S. Constitution protects you from self-incrimination, and the best way you can protect yourself after a Temecula DUI arrest is to remain silent, wait for your DUI attorney to arrive and avoid answering any questions in the meantime.

Contact an Aggressive DUI Defense Lawyer

DUI charges are handled in criminal court, and any time you are facing criminal charges in Temecula, you have the right to represent your case in court, if you so choose. However, DUI is a highly specialized area of the law, and unless you have extensive experience in DUI defense and a clear understanding of the complexities of Temecula DUI law, representing yourself in your DUI case could end up being a grave mistake with lasting consequences. By hiring a knowledgeable attorney whose specialty is DUI defense, you can significantly improve your chances of obtaining a satisfactory outcome in your criminal case.

Defending Against a Temecula DUI

A Temecula DUI arrest may feel like the end of the world, but it is important to remember that a DUI arrest is an accusation, not a conviction. It’s true you are being accused of driving under the influence, and that can seem like the worst case scenario to some, but you have not yet been found guilty of the crime, which means you still have an opportunity to defend yourself and clear your name. In order for the prosecutor in your case to meet the strict burden of proof required for a DUI conviction, he or she will have to establish beyond a reasonable doubt the various elements of the crime, which include the following:

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

Defenses for a Temecula DUI

It may seem like a fairly simple task to prove these basic elements, especially if the officer who arrested you actually witnessed you driving, pulled you over and administered a breathalyzer test measuring 0.08% or higher, but California DUI law is actually quite complicated and proving a Temecula DUI is no easy feat. There are plenty of opportunities, from the initial traffic stop all the way through to the chemical test, for fatal mistakes to be made, and with the right DUI lawyer on your side, you may be able to capitalize on these mistakes and win your DUI case. The following are some examples of defense strategies your attorney could use to fight your DUI charges:

• Unlawful arrest
• Unlawful DUI checkpoint
• No probable cause
• Miranda violation
• Inaccurate DUI test results
• Title 17 violation
• No driving defense
• Police misconduct
• Forced blood draw

How Our Temecula DUI Attorneys Can Help

Law enforcement officers and prosecutors have taken a stand against driving under the influence, and DUI offenses are therefore punished rather harshly in Temecula. When you enlist the services of our DUI lawyers at Sevens Legal, we will thoroughly investigate every aspect of your case, including the circumstances surrounding the initial stop, the DUI arrest and the chemical test, to pinpoint any weaknesses in the prosecution’s evidence that could result in a more favorable plea bargain. If your case goes to trial, we will relentlessly challenge the prosecution’s evidence and witnesses, file any necessary motions and devise a solid defense strategy that takes into consideration the specific facts of your case. Our main objective is to advocate for you and represent your best interests in court, and that means doing everything we can to help you avoid the negative effects of a DUI conviction.

Whether you are facing a misdemeanor or felony DUI charge, DUI drugs, DUI with injury, or another DUI-related charge in Temecula, you need the help of an experienced DUI lawyer who can defend your case to the fullest extent of the law and improve your chances of obtaining a case dismissal, a reduction in charges or an acquittal. At Sevens Legal, we have witnessed first-hand the devastating consequences a DUI conviction can mean for a person’s life, and with a former prosecutor and a certified criminal law specialist on our legal team, we are uniquely qualified to help you avoid these consequences. Depending on your criminal record and the nature of your alleged DUI offense, we may be able to negotiate with the prosecution to get your DUI charges dismissed or reduced to a wet reckless charge. Or, if the prosecution refuses to agree to a satisfactory plea deal and your case goes to trial, we can mount the strongest possible defense to help you avoid a conviction or present mitigating factors to reduce your penalties.

Hiring a Temecula DUI Attorney

In addition to the harsh criminal penalties typically associated with a DUI conviction in Temecula, having a DUI on your record can damage your reputation and increase your auto insurance premiums, and it could even prevent you from getting a job in the future. If you were arrested for drunk driving in Temecula and you need a defense lawyer to represent your case, contact our reputable Temecula DUI lawyers at Sevens Legal as soon as possible. The DUI consultation is free and there is no obligation to hire our firm.