Chino Hills DUI Attorney

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A DUI is a serious charge that can be daunting to any individual facing one. California deals with many drunk drivers every year. Therefore, the state has implemented strict DUI laws to keep everyone on the road safe. However, this means that if you are ultimately convicted of a DUI in California, you can face severe consequences. That is why finding an expert criminal defense lawyer is vital to your case if you are confronting a DUI charge in Chino Hills, CA.

Your Chino Hills DUI Lawyer

Being arrested for a DUI does not always have to result in the worst-case scenario. Here at the Law Office of Daniel P. Flores, we are committed to providing compassionate, expert legal representation for those facing DUI charges in southern California. We understand just how intimidating facing serious convictions like these can be. This is why our team can work with you and fight for your best interests throughout all your legal proceedings. With experience representing over 2,000 different kinds of criminal cases, our team has the knowledge and skills needed to fight a DUI charge in California. If you were arrested for a DUI in Chino Hills, contact us to see how our firm can help you defend yourself.

What Is Considered a DUI in California?

A DUI is a type of criminal charge that occurs when an individual is arrested for driving a vehicle while under the influence of drugs or alcohol. Drugs and alcohol can impair an individual’s judgment and reaction time. Therefore, driving under the influence can be incredibly dangerous for the driver and everyone else on the road. Every state has varying laws on the legal blood alcohol concentration limit at which an individual is allowed to drive a vehicle. In the state of California, the legal BAC limit is 0.08%. This means that if any driver who is 21 or older is pulled over and gives a breathalyzer reading of 0.08% or higher, they can be immediately arrested for a DUI. If a driver is under 21 and they give a breathalyzer reading over 0.01%, they can be arrested immediately for an underage DUI.

The blood alcohol concentration limit is the main factor used when arresting an individual for a DUI. However, a driver can still be arrested even if their BAC is below 0.08%. For example, a law enforcement officer pulls over a driver who was swerving recklessly between lanes, and they give a breathalyzer reading of 0.05%. The driver may still be arrested if they fail the other field and coordination tests the officer has them perform. Whether a driver appears to be impaired is a large factor in determining if they are ultimately arrested when they have a BAC below 0.08%.

Is a DUI a Misdemeanor or Felony in Chino Hills, CA?

On average, most DUI cases in California are classified as misdemeanors. However, there are certain factors that can convert a DUI charge from a misdemeanor to a felony. There are several differences between the two charges and their penalties.

Misdemeanor DUIs

An individual can be charged with a misdemeanor DUI if:

  • It is their first, second, or third DUI offense.
  • No one was injured because of their actions.
  • The individual has no prior felony convictions for DUIs.

The penalties for misdemeanor DUIs include:

1st Offense Penalties:

  • Up to 6 months of jail time
  • Fines between $390-$1,000
  • Possible home detention or alcohol/drug education classes

2nd Offense Penalties:

  • Jail time between 96 hours and 1 year
  • Fines between $390-$1,000
  • Installation of an Ignition Interlock Device in the driver’s vehicle
  • Possible home detention or alcohol/drug education classes

3rd Offense Penalties:

  • Jail time between 120 days and 1 year
  • Fines up to $1,800
  • Installation of an Ignition Interlock Device in the driver’s vehicle
  • Possible home detention or alcohol/drug education classes

Felony DUIs

An individual can be charged with felony DUI in California if:

  • This is their fourth DUI charge in the last decade.
  • Someone was injured because of their driving.
  • The individual has a prior felony DUI conviction on their record.

The penalties for felony DUIs include:

  • Up to 3 years in a California state prison
  • License suspension, restrictions, or revocation
  • Fines up to $5,000
  • Installation of an Ignition Interlock Device in the driver’s vehicle
  • Possible home detention or alcohol/drug education classes

The Advantages of Working With a DUI Defense Attorney

When facing any type of criminal charge in the state of California, finding a lawyer that you can trust to listen to you and work with you is imperative. There are several benefits to working with our team at the Law Office of Daniel P. Flores.

We Have Extensive Knowledge of Criminal Law

Criminal cases are very complex. Having a lawyer on your side who fully understands the different legal aspects of your situation can help immensely. At the Law Office of Daniel P. Flores, we can use our extensive knowledge of the law to represent you throughout your DUI case. We can also help you better understand the legal aspects of your situation. Our team can also show you how the different proceedings will work.

We Can Help You Create a Powerful Defense

Every DUI case is different. This means that each case requires a unique approach to build the best defense possible for the defendant. Our firm has a broad knowledge of the law and years of experience working on criminal cases. Our team can work with you to build a powerful defense unique to your specific case. We can assist you with gathering and analyzing evidence to support your side. We can use the evidence and your testimony to form a defense that combats the prosecution’s claims.

Years of Negotiation and Debate Experience

Being able to debate and negotiate is a fundamental aspect of any legal proceeding. You must negotiate terms in both your DMV hearing and your criminal trial if you are charged with DUI. With the help of a quality, experienced law firm like the Law Office of Daniel P. Flores, you can trust that the best possible outcome for each proceeding will be fought for. You may be going through your DMV hearing and fighting to keep your license from being suspended. Perhaps your trial is coming up soon. No matter the situation, our team can help you through your Chino Hills DUI case.

What Is the DMV Hearing for in a DUI Case?

After an individual is arrested for a DUI in California, they must go through a DMV hearing as well as a criminal trial. The DMV hearing is a separate entity from the criminal prosecution and has no effect on the outcome of your trial. Instead, this hearing is specifically to address whether the defendant’s license will be suspended.

When an individual is arrested for a DUI, the arresting officer confiscates their license. They are then issued a temporary one. The defendant has 10 days from the day that they are arrested to schedule a hearing with the DMV about their license suspension. If they fail to do so, their temporary license will expire in 30 days, and they will not be able to fight it. If they do schedule a meeting within the allotted time, the defendant will then be able to present evidence as to why they believe their license should not be suspended. The defendant is allowed to have legal representation. This can help them find and provide evidence to support their claim. The arresting officer will also present their testimony to the presiding DMV official in charge. This official will then make the ultimate decision on whether the defendant’s license will be suspended.

What Is the Difference Between a DUI and DWI in California?

Some states only have DUIs, and others only have DWIs. However, the state of California uses both kinds of charges. A DWI is a charge that occurs when an individual is “driving while impaired.” In most cases, DUIs are given when the driver is under the influence of alcohol. DWIs are often given when a driver is impaired by some sort of drug or illegal substance. Although they are similar, both charges mean that an individual was impaired by a substance and that their driving was affected by their state of mind.

Chino Hills Criminal Defense Lawyer

If you are facing a criminal trial in Chino Hills, CA, you will want to make sure that you work with an experienced criminal defense lawyer. It is vital to find one who is also familiar with the law. Here at the Law Office of Daniel P. Flores, we have spent years fighting for the rights of our clients in thousands of different criminal cases. We know how complex charges like a DUI can become. This is why we are committed to providing thorough, expert representation for each one of our clients. If you are looking for a DUI defense lawyer that you can trust, see how our firm can help you. To schedule a consultation with our team, or to learn more about our firm, contact us today.

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