San Bernardino DUI Defense Attorney

Strategic Representation for Accused Californians Facing DUI Charges

Driving under the influence can lead to serious penalties. Whether you made an honest mistake or believe you were unlawfully arrested, consulting with our DUI defense lawyer is imperative to defending your rights, reputation, and driving privileges. At The Law Offices of Jacqueline Goodman, we understand that bad things happen to good people and are committed to defending against DUI charges. 

From first offenses to felony DUI charges, our attorney provides tenacious advocacy backed by a strong track record of results. We pride ourselves on our 90% success rate and take a hands-on approach to every case to position yours for the best possible outcome. Our proven trial advocate is highly respected by local judges, prosecutors, and peers, giving you peace of mind that your future is in competent hands. 

If you are facing a DUI charge in San Bernardino, choose our state bar-certified criminal law specialist to defend your rights. Call (714) 266-3945 to schedule a free consultation. Se habla español.

What Is a DUI Charge?

DUI (“driving under the influence”) is illegal under Cal. Vehicle Code (CVC) § 23152. This crime is defined as operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. 

The standard blood alcohol concentration (BAC) limit is 0.08%, although this is reduced to 0.04% for commercial drivers. If the driver is underage or on DUI probation, any BAC may constitute a DUI charge.

Types of DUI Offenses We Defend Against

Below are some common DUI charges we defend against: 

• A first DUI offense carries up to six months in jail, $1,000 in fines, and ten months of driver’s license suspension.
• A second DUI carries up to one year in jail, $1,000 in fines, and two years of license suspension.
• A third DUI carries up to one year in jail, $1,000 in fines, and three years of license suspension.
• A DUI causing injury carries up to four years in prison, $5,000 in fines, and 3–5 years of license suspension (CVC § 23153).

What Are the Penalties for a DUI Conviction?

A DUI conviction carries harsh penalties, including jail time, fines, license suspension, mandatory ignition interlock device (IID) installation, mandatory DUI education, and restitution. It can also lead to collateral consequences like increased auto insurance costs, the loss of professional licenses, immigration impacts, a permanent criminal record, and difficulty obtaining housing and employment. We can develop an effective strategy focused on mitigating the long-term impacts of a conviction to protect your future opportunities. 

Is DUI Charged as a Felony or a Misdemeanor?

Most DUI offenses are misdemeanors. However, they can become felonies if someone is injured or killed, the defendant has a prior DUI conviction, or the defendant commits a subsequent DUI within the ten-year lookback period. We can determine if enhanced penalties apply to your case and advocate for a reduction if possible. 

Can I Face a DUI Charge if My BAC Is Under the Legal Limit?

Yes. Even if your BAC was under the legal limit, you can still face a DUI charge if the officer observes signs of impairment, such as swerving, driving erratically, drifting between lanes, or demonstrating slow reaction times. 

Not every DUI arrest is lawful. We can review the circumstances of your arrest, identify weaknesses in the prosecution’s case, and challenge the improper administration of chemical tests or field sobriety tests if appropriate. 

Can I Refuse a Breathalyzer or Blood Test During a DUI Stop?

California has an implied consent law, meaning any person who operates a motor vehicle automatically consents to chemical testing if lawfully arrested for DUI (CVC § 23612). If the officer has reasonable suspicion that you are driving under the influence, you are legally obligated to submit to a blood or breath test.

Refusing to consent to chemical testing during a lawful DUI stop can result in additional penalties, such as increased suspension periods, longer jail time, and higher fines. It can also work against you in court and limit the ability to negotiate reduced charges or favorable plea deals. 

Our attorney is well-versed in these legal intricacies to examine the validity of the DUI stop, evaluate influencing factors like medical conditions, and challenge any improper procedures or constitutional violations to position your case for a fair outcome. 

How Can Habitual Traffic Offender (HTO) Status Affect DUI Cases?

If you have multiple serious traffic convictions, the DMV may designate you as a Habitual Traffic Offender (HTO). Once you have HTO status, a DUI conviction can carry much harsher consequences. Courts may also view prior traffic offenses as an aggravating factor, which can influence jail time, fines, and DUI program requirements. We can review your driving history, challenge HTO allegations where possible, and work to minimize the impacts on your license and case outcomes.

Can I Keep My Driver’s License After a DUI Charge?

It’s possible to keep your license after a DUI charge if you act quickly. You must request a DMV Administrative Per Se (APS) hearing within 10 days of a DUI arrest to challenge driver’s license suspension. Failing to request an APS hearing may result in automatic suspension 30 days after the arrest. 

The DMV hearing is often your only chance to prevent license suspension before it starts. We have a deep understanding of APS hearings and local DMV procedures to guide you through the process, advocate for your rights, and fight tirelessly to protect your driving privileges.

How Can I Defend Against a DUI Charge?

Below are some common legal defenses against DUI charges:

Unlawful Traffic Stop 

Law enforcement lacked reasonable suspicion to pull you over for DUI.

Improper Test Administration

California law requires a 15-minute observation period before administering an evidentiary chemical test.

Falsely Elevated BAC

Certain health conditions like diabetes, auto-brewery syndrome, and acid reflux can cause falsely elevated BAC readings.

Challenging the Validity of Test Results 

Breath and blood tests can produce inaccurate readings due to interfering substances, improper calibration, or operator error. 

Unreliable Field Sobriety Tests

The field sobriety tests conducted were not NHTSA-approved.

Why Choose Our DUI Defense Firm?

When your freedom is on the line, securing a robust defense is paramount to protecting your liberty. As a state bar-certified criminal law specialist, Attorney Jacqueline Goodman is uniquely positioned to represent your best interests at each stage of the criminal proceedings. 

Our DUI defense lawyer has decades of experience handling high-stakes cases and is a member of the National College of DUI Defense (NCDD), underscoring our unrivaled track record of success and well-respected reputation among the local legal community.

Don’t leave your future to chance after a DUI charge. Contact us online to discuss your case with our nationally acclaimed defense attorney.