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- Compare Lawyers in Alabama: Credentials and Attorney Ratings in DUI Defense
- What if I’m completely innocent of the DUI charges against me?
There are several different factors that can contribute to the sentence someone will receive for being convicted of DUI in the state of California. The law enforcement community generally refers to them as “aggravating and mitigating factors”. Among them, the biggest influence will be whether or not it is the first time you have been convicted of DUI. Jail sentences get longer for repeat violations, and a fourth DUI could put you in https://drunkdrivingdefense.com state prison for years.
- A person whose license has been suspended has 30 days to request a hearing to review the suspension.
- California laws are tough on those charged with drunk driving, but a conviction can cause you to suffer a lot more than just legal penalties.
- If they blew below a 0.08, but their driving was impaired and they could not safely operate a motor vehicle, it is still a crime in California – even if their blood alcohol level was 0.05, they can still be charged with a DUI.
- People often tell me the officer did not read them their Miranda rights.
- For a third or subsequent DUI, you can be sentenced to a maximum of 3 years in jail with 1 year being mandatory.
For example, depending on the facts of the case for a first DUI, the length of time required to be spent in DUI school could be six weeks, three months or nine months, and the cost for each would be different. If an attorney can get someone three months instead of nine months, the client will have saved six months out of their lives and six months’ worth of payments. Just because someone got a DUI would not mean that their license would be gone for as long as they thought it would be. The second myth is that the person’s license would be suspended automatically.
Compare Lawyers in Alabama: Credentials and Attorney Ratings in DUI Defense
The partners at our award-winning DUI law firm in Atlanta GA are all co-authors of national legal book articles. William “Bubba” Head has authored or co-authored more than 18 DUI law books. Law partner Larry Kohn has two book co-authorship to his credit as does partner Cory Yager.
What if I’m completely innocent of the DUI charges against me?
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Most individuals in this situation view the field sobriety tests as their opportunity to prove to the officer that they not drunk and are OK to drive. If your attorney can show that the police officer lacked a reasonable articulable suspicion to stop your vehicle and that you were stopped illegally, he or she may be able to get certain evidence suppressed and possibly even the case dismissed. Under the Exclusionary Rule, any evidence that is obtained as “the fruit of a poisonous tree” must be suppressed. If the DUI stop was illegal (the poisonous tree), any evidence obtained thereafter (the fruit) must be suppressed.