Fullerton DUI Lawyer

California DUI Laws

It is unlawful to operate a vehicle when your blood alcohol concentration (BAC) is 0.08% or higher under California law. How a DUI offense is charged depends on the presence of any aggravating factors as well as the driver’s “priors.” In other words, if the driver has been convicted of DUI before, they tend to face harsher charges (and sentencing if convicted again). An individual’s first three DUI offenses will generally be charged as misdemeanors if no aggravating factors are present, for example, but a fourth or subsequent DUI within a certain period will automatically be charged as a felony. Aggravating factors can also trigger felony charges and/or more severe punishments.

Aggravating factors in a DUI case can include:

• Reckless driving
• Excessive speeding
• Being under the legal drinking age (21 years old)
• Having a BAC of 0.15% or higher
• Causing an auto accident due to impairment in which someone is injured or killed
• Refusing to submit to chemical testing (including a breathalyzer test)
• Driving while intoxicated with a child under the age of 14 in the vehicle

How Are DUI Offenses Punished in California?

The precise punishments someone can face for a DUI conviction will depend on their history of DUI convictions, aggravating factors, and any other pertinent facts of the case. A seasoned Fullerton DUI attorney can walk you through what consequences you may be looking at and fight for reduced sentencing whenever possible.

For a first misdemeanor DUI conviction, you could face:

• Up to 6 months of jail time
• Fines of up to $1,000, plus court fees and assessments
• License suspension of up to 10 months
• Mandatory interlock ignition device (IID) installation for up to 6 months
• Mandatory DUI education program for up to 9 months
• Informal probation for up to 5 years

For a second misdemeanor DUI conviction, penalties may include:

• Up to 1 year of jail time
• Fines of up to $1,000, plus court fees and assessments
• License suspension of up to 2 years
• Mandatory interlock ignition device (IID) installation for up to 1 year
• Mandatory DUI education program for up to 30 months
• Informal probation for up to 5 years

For a third misdemeanor DUI conviction, punishments may include:

• Up to 1 year of jail time
• Fines of up to $1,000, plus court fees and assessments
• License suspension of up to 3 years
• Mandatory interlock ignition device (IID) installation for up to 1 year
• Mandatory DUI education program for up to 30 months
• Informal probation for up to 5 years
• “Habitual traffic offender” designation by the DMV

For a misdemeanor DUI with injury, a conviction can result in:

• Up to 1 year of jail time
• Fines of up to $5,000, plus court fees and assessments
• License suspension for up to 1 year
• Mandatory interlock ignition device (IID) installation for up to 6 months
• Mandatory DUI education program for up to 30 months
• Informal probation for up to 5 years
• Restitution to injured parties

For a fourth felony DUI conviction, the consequences can become even greater and may include:

• Up to 3 years of prison time
• Fines of up to $18,000, plus court fees and assessments
• Permanent license suspension
• “Habitual traffic offender” designation by the DMV
• Informal probation for up to 5 years
• Mandatory interlock ignition device (IID) installation for up to 3 years (if eligible for a restricted license)

For a felony DUI with injury, a conviction can lead to:

• Restitution to injured parties
• License suspension for up to 5 years
• Mandatory interlock ignition device (IID) installation for up to 3 years
• Mandatory DUI education program for up to 30 months
• “Habitual traffic offender” designation by the DMV for 3 years
• Up to 4 years of prison time, plus additional consecutive prison sentences based on how many people were injured and the scope of their injuries

Local DUI Checkpoints in Fullerton

Local law enforcement in Fullerton frequently sets up DUI checkpoints as part of their effort to curb impaired driving. These checkpoints are often set up in areas with higher instances of alcohol-related accidents. Understanding when and where these checkpoints occur can be crucial for residents. At these checkpoints, officers will stop vehicles at random to examine drivers for signs of intoxication, which is all part of an effort to maintain road safety in Fullerton. Knowing your rights during these stops is crucial, and a knowledgeable DUI attorney can provide guidance on how to handle interactions with law enforcement.

Understanding the local landscape of DUI enforcement in Fullerton not only prepares drivers but also contributes to informed defense strategies in the event of a stop. In some instances, checkpoint stops can be deemed unconstitutional if not conducted correctly, providing an avenue for defense should charges be brought against a driver.

Frequently Asked Questions About DUI Charges

What Should You Do After a DUI Arrest in Fullerton?

The moments following a DUI arrest can be bewildering. It’s essential to remain calm and remember your rights. Refrain from providing any statements that could be potentially incriminating and immediately request to speak with a DUI attorney. Your right to legal counsel is crucial as it ensures you’re properly represented and protected throughout the legal process. It’s vital to note any details from the arrest, such as the conditions leading to the stop, the officer’s statements, and any conduct during the arrest. Documenting these details can be pivotal for your defense.

Contacting a DUI lawyer as soon as possible allows you to understand your options and rights better. The Law Offices of Jacqueline Goodman is ready to assist with comprehensively evaluating the situation, assessing all possible defenses, and advising on the most practical next steps. Prioritize securing legal representation to navigate this challenging process effectively.

How Can a DUI Affect My Employment in Fullerton?

A DUI charge can impact various facets of your life, including employment. Many employers conduct background checks, where a DUI can appear as part of your criminal record, potentially impacting job prospects or current employment security. Certain professions with stringent compliance standards or roles involving driving are susceptible to such charges. It’s crucial to address these concerns openly and seek ways to mitigate any negative implications with proactive legal strategies.

Managing the potential career implications involves understanding your rights and defenses thoroughly. Professional legal advice from The Law Offices of Jacqueline Goodman can provide insight into how best to proceed, offering tailored approaches to maintaining a positive professional standing post-incident. Our goal is to protect your legal rights and minimize any broader societal effects stemming from DUI charges.

Are There Alternatives to Jail Time for a DUI Conviction?

For those facing DUI charges, the ultimate goal is often to avoid incarceration. Fortunately, some alternatives, such as entering a plea agreement for reduced penalties, can be pursued. Options might include probation, community service, or attendance in alcohol education programs. These alternatives preserve personal freedoms and allow individuals to demonstrate responsibility and rehabilitation without the stigma of serving jail time.

Working with an attorney experienced in DUI law can improve the likelihood of negotiating such outcomes. At The Law Offices of Jacqueline Goodman, we maximize favorable results by exploring comprehensive legal strategies that align best with each client’s circumstances. Effective advocacy involves considering all facets of a case and seeking solutions that benefit the individuals represented.

How Can the Ignition Interlock Device Impact My DUI Case?

An Ignition Interlock Device (IID) has become a significant part of DUI laws and resolutions. This device can be an alternative to a license suspension, allowing individuals to continue driving to maintain employment and family responsibilities. The IID requires the driver to perform a breath test for alcohol before the vehicle can start. Consistent compliance with these checks proves to the court and related authorities a commitment to responsible behavior.

Incorporating an IID into a DUI sentencing plan can be advantageous, potentially reducing other penalties or suspension periods. The Law Offices of Jacqueline Goodman can provide essential expertise in navigating the IID requirements, ensuring the terms are adhered to strictly, which can favorably influence the overall progression of a DUI case.