In California, the consequences of driving under the influence (DUI) of alcohol or other drugs are steep – including hefty fines, mandatory DUI school, suspension of your license, and even jail time. It is important to understand the various legal defenses that may be used to help individuals accused of DUI in California.
Unraveling the complexities of California DUI defense law can be a daunting task. In order to effectively protect your rights and fight for your freedom, it’s essential to understand and analyze this ever-changing field of law. Contact Simmons Wagner, LLP at (949) 439-5857 to request a free legal consultation with an experienced criminal defense attorney.
Overview of California DUI Laws
California DUI laws are among the toughest in the nation. An individual who is convicted of driving under the influence of alcohol or drugs in California can face severe penalties, including jail time, fines, and a suspension or revocation of their driver’s license.
There are three main types of DUI offenses in California: (1) wet reckless; (2) regular DUI; and (3) aggravated DUI. A wet reckless involves an acknowledgment by the defendant that they were driving dangerously, and generally involves a reduced charge and lesser penalties than a regular DUI.
A regular DUI involves driving that results in an impairment of the ability to safely operate a motor vehicle. Finally, an aggravated DUI encompasses an especially serious DUI offense and usually results in a harsher punishment, including longer jail time and higher fines.
If convicted of any DUI charge, an individual will likely be subject to a series of mandatory and discretionary penalties, including fines and costs, probation, license suspension or revocation, and enrollment in an alcohol treatment program.
Strategies to Strengthen DUI Defense Cases
When faced with a DUI charge, defendants must have an in-depth understanding of the available defenses. Admissibility of evidence and extreme sobriety test results (such as Breathalyzer results) can be challenged if the policeman failed to stop the driver according to legal requirements.
In some cases, substances other than alcohol can give a false positive on the test. Furthermore, witnesses should be called to bolster the defense’s credibility.
Physicians, psychiatrists and toxicologists, among other experts, can give testimony that may disprove the prosecution’s evidence. Collecting evidence of potential entrapment, maintaining proper chain of custody of evidence and creating doubt about sobriety at the time of the offense can also help strengthen a DUI defense case.
Contact a DUI attorney today
Now is the time to contact a DUI attorney if you have been charged with a DUI. Contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.