Do not expect any court to be lenient if you plead or are found guilty of a DUI. Penalties have been increasing for years and laws are tightening to make it easier to convict offenders. For instance, if you refuse breath or blood testing, a prosecutor can use your refusal as knowledge of guilt. If convicted, a judge can enhance your sentence.

Call a Hercules DUI attorney at (888) 754-9860 if charged with DUI. Many DUI cases are defensible, but you need an experienced Hercules DUI attorney to have the best chance for a favorable outcome.

Hercules DUI attorneys primarily represent DUI defendants and have years of experience litigating and investigating DUI matters. Talk to a Hercules DUI attorney to get an honest assessment of your case.

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Summary of DUI Proceedings

Retaining an Hercules DUI attorney as soon as possible is crucial to ensure you have professional representation at all stages of your case.

• DMV hearing. You are entitled to a license revocation hearing with the DMV but it must be requested within 10-days of your arrest. Hercules DUI attorneys have prevailed at many of these hearings with the DMV allowing defendants to retain their licenses.
• You and your Hercules DUI attorney appear to enter a not guilty plea.
• Discovery and investigation. Your Hercules DUI attorney and the prosecutor exchange information and your case is thoroughly investigated. Motions may be filed to dismiss charges or to exclude evidence. In most cases, Hercules DUI lawyers negotiate plea agreements.
• If not settled, your Hercules DUI lawyer will vigorously defend you.

DUI Defenses

Hercules DUI lawyers possess comprehensive knowledge of the DUI laws, police practices, current trends, and factors influencing the results of breath or blood testing. Hercules DUI lawyers use this knowledge to scrutinize the following issues in searching for applicable defenses:

• Possible police misconduct
• Whether your medical or physical condition may have influenced your arrest and BAC results
• Validity and integrity of the breath or blood tests
• Bias, inconsistencies or errors in police testimony, records and reports
• No driving, drinking after driving and other defenses

DUI Penalties

DUI sentences vary from county to county, especially if aggravating circumstances were present. There are separate penalties for a first, second, third and felony convictions. These penalties are typically imposed:

First DUI or DWI

The usual penalties for a first DUI or DWI are:

1. Jail. 48 hours in jail and up to 6-months; 3-years of probation
2. Suspension of license. Loss of driving privileges for 4 to 10-months though you may be eligible for a restricted license; if BAC testing was refused, the suspension is one year
3. Fines: $390 with costs over $1,800
4. DUI classes: 3-months
5. Insurance and installation: Secure SR-1 insurance and possibly install an interlock ignition system

Second DUI or DWI

Penalties for a second DUI or DWI within 10 years of the first include:

1. Jail. 96 hours and up to one year in county jail and 3-5 years probation
2. Suspension of license. 2 year suspension with eligibility for restricted license unless testing was refused.
3. Fines: $390 to $1000 but over $10,000 in costs
4. DUI Classe 18 to 30-months
5. Installation and insurance. SR-1 insurance and Interlock ignition system

Third DUI or DWI

Conviction of a third DUI or DWI in 10 years may include:

1. Jail. 120 days to one year in county jail and 3-5 years probation
2. Suspension of license. 3 years with restricted license after 12-months
3. Fines: $390 to $1000 and other costs up to $15,000
4. DUI classes. 30-months
5. Installation and insurance. SR-1 insurance and interlock system

Fourth DUI or DWI

A fourth DWI or DWI could be negotiated to a misdemeanor.by your Gardena DUI lawyer. If a felony, you face:

1. Jail. 16 months, 2 or 3 years in jail and formal probation for up to 5 years
2. Suspension of license: 4 years
3. Fines: Up to $5000 with associated costs of up to $18,000
4. Habitual traffic offender status. 3 years
5. Mandatory DUI classes. 30-months
6. Installation and insurance. SR-1 insurance and interlock system

Commercial DUI or DWI

Commercial drivers can be convicted of a commercial DUI or DWI if their BAC is 0.04% so that their need for a Gardena DUI lawyer is imperative.

Penalties include:

1. Jail. Same as for a motorist with a Class C license for first or multiple DUI or DWI offenses
2. Driver’s license suspension.

• Loss of commercial driver’s license for one year, regardless of the vehicle you were driving
• Life-time suspension for a second conviction
• Your Class C license is also affected

3. Fines. From $390 to $1000
4. DUI Classes. Same as for other offenders
5. Insurance and installation. Possible securing of SR-1 insurance and installation of an interlock system

Call a Hercules DUI Lawyer

If you were arrested for a DUI, call a Hercules DUI lawyer today at (888) 754-9860.