California has some of the strictest DUI laws of any state in the country. Facing the possibility of any kind of criminal conviction can be intimidating. However, being charged with a DUI in California can result in serious consequences and impact your life immensely. If you are facing a drunk driving charge here in Montclair, CA it is essential that you find an experienced DUI defense lawyer that you can count on.
DUI cases can be incredibly complex. Having an expert defense attorney can make a massive difference in both the proceedings and the outcome of your case. At the Law Office of Daniel P. Flores, our team is devoted to providing judgment-free, professional representation for each case that we take on. We understand just how daunting facing a criminal charge can be, especially when it is something like a DUI. With experience representing over 2,000 different criminal and DUI cases, you can trust our team to fight for the best outcome possible for your situation. If you are facing the possibility of a DUI conviction in Montclair, CA, do not delay. Ask how the Law Office of Daniel P. Flores can help you today.
A DUI is a criminal charge that occurs when an individual is convicted of driving a vehicle while under the influence of drugs or alcohol. Driving under the influence is incredibly dangerous, as both drugs and alcohol can impair a driver. In California, the legal blood alcohol concentration limit is 0.08%. This means that if a driver is pulled over and has a breathalyzer reading of 0.08% or over, law enforcement has the immediate right to arrest them. However, even if a breathalyzer reading results in levels below 0.08%, an individual can still be arrested for driving under the influence if they were driving recklessly or dangerously.
There are two main parts to every DUI case in California:
If an individual is arrested for a DUI in California, their first course of action will be scheduling a DMV hearing. This hearing is separate from the actual trial, which will take place later. It only addresses whether the defendant’s license will be suspended. After an individual has been arrested, the law enforcement officer seizes their license. They are then issued a temporary one. The defendant then has 10 days from the day of their arrest to schedule a hearing with the DMV to fight their license suspension. Otherwise, their temporary license will expire after 30 days, and the suspension will go into effect. After that, they are no longer legally allowed to drive. During the hearing, the arresting officer will present their testimony for the DUI charge and the license suspension to a DMV official. In turn, the defendant can present any evidence arguing against the claim. The defendant does have the right to a criminal defense attorney in this hearing. They can help them present evidence and fight to have their license remain valid.
Criminal trials can be complicated, intense, and emotional. This is why it is crucial that you have an experienced criminal defense attorney when facing a DUI charge in Montclair. Similar to a DMV hearing, the prosecution will present their claims for the DUI charge as well as supporting evidence to the court. Their evidence can include aspects such as breathalyzer readings, proof of damage to the defendant’s car or another driver’s car, witness testimonies, and more. During this trial, the defendant will also have the right to be represented by an attorney who can provide evidence that disputes the prosecution’s claims. The court will allow both sides to present their stories and their evidence, ultimately leaving the final decision of conviction up to a jury. After the jury has made its decision, the judge will declare the defendant guilty or not guilty. If the defendant is found guilty, sentencing and consequences will be left up to the judge to decide.
Finding a lawyer that will take the time to listen to your side of the story and create a strong defense for your situation is vital. Because the state of California takes all kinds of DUIs seriously, it is best to contact an expert criminal defense lawyer. They can give you peace of mind that your best interests are being properly represented. At our firm, we take the time to listen to each of our clients and their stories. This allows us to create the strongest defense possible for their case. We also use our comprehensive knowledge of the law and sharp debate skills to combat the prosecution’s claims against our clients. In addition to representing you throughout your DMV hearing and criminal trial, our team can also work with you to help you understand DUI law and the proceedings you are going through. Overall, finding and working with an expert criminal defense law firm like us here at the Law Office of Daniel P. Flores can make an immense difference in your Montclair DUI case. Do not wait to find legal representation that can properly assist you.
While many people feel like it may be the end when they are charged with a DUI, that does not have to be the case. At the Law Office of Daniel P. Flores, we take the time to hear each one of our clients out and provide them with the legal advice and representation they deserve. A DUI is a serious charge, but that does not mean you cannot find an experienced lawyer who will fight for you. If you are facing a DUI charge in Montclair, California, our team is prepared to work with you and fight for the best conclusion possible. To learn more about our Montclair criminal defense services, or to schedule a free consultation with one of our staff members, contact us today.
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