When your blood alcohol level is 0.08 percent or higher while operating a motor vehicle, you can be charged with a DUI in Harvard Heights. Commercial drivers in California cannot have a BAC over 0.04 percent or higher. However, there is room for error in all situations, and law enforcement can use various tactics to charge you with a DUI when you are not driving under the influence.
If you are drunk and sitting in your car, that should not constitute a DUI. However, many officers will charge you with one. You need the help of a DUI lawyer in Harvard Heights from the Simmrin Law Group to assess the situation and find the best path forward.
Types of DUI Charges in Harvard Heights
While DUI encompasses a range of infractions, it is essential to note the subcategories of a DUI since that will impact the severity of your charges. The type of DUI charges will also affect your defenses. A first offense can resolve without a conviction if you take the proper steps, but you should speak to our DUI lawyers.
You can also face repeat DUI charges which carry steeper penalties. An underage DUI or one involving drugs are also subcategories. If your DUI results in an accident or death, it is the most severe and challenging to defend.
Many intricacies go into determining the type and severity of your charges, so do not let the prosecutor win and ruin your life forever.
For a free legal consultation with a dui lawyer serving Harvard Heights, call (310) 896-2723
Evidence and Your DUI
The prosecution will attempt to present evidence that you were under the influence and operating a motor vehicle when you were charged. The prosecution will depend on blood tests, breath tests, video surveillance, and the arresting officer’s statement. When you have a DUI lawyer in Harvard Heights, CA, we will fight this evidence and present evidence to the contrary.
The prosecution can argue the evidence is strong, but we will say the evidence collection is unconstitutional or that the officer was biased in some way. Slurred speech is enough for an officer to suspect you of a DUI. However, your slurred speech may be due to nerves, not alcohol.
Many defenses are available for a DUI charge.
Harvard Heights DUI Lawyer Near Me (310) 896-2723
Losing Your License
You can lose your license when you have a DUI conviction or arrest. You can face an administrative suspension of 30 days, but that can only happen if you do not attend your DMV hearing. If you are convicted of a DUI, you can also face a suspension for an undetermined time.
You can, however, get a license restriction that allows you to drive to and from certain places like work, school, the doctor, and court. License restrictions and suspension are determined based on factors like your criminal record and driving history.
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Misdemeanor vs Felony
DUI charges can be misdemeanors or felonies, depending on individual factors. A misdemeanor is easier to fight because it has fewer penalties. You also have more defenses available for a misdemeanor charge.
Felonies are harder to fight, especially if you have multiple offenses or an injury to another person. Misdemeanor offenses often carry suspension, fines, and sometimes jail time. The DMV can also opt for installing an ignition interlock device and send you to a state-mandated alcohol treatment program.
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DMV Hearings
When facing your first DUI, you can be released on a promise to appear and be given a citation date to appear in court. You will have a temporary license for 30 days while you await your court appearance. You can sometimes have to post bail or remain in custody until you go before a judge.
If you must bail out, the bond agency will provide paperwork with your court appearance date and other specifics of your bail.
You must also request a DMV hearing within ten days to avoid a license suspension. If you do not request and attend a DMV hearing, your license will be suspended for 30 days. DMV hearings are separate from the criminal proceedings you are facing, and discussing everything with your Harvard Heights DUI lawyer is essential.
DUI and the Rest of Your Life
A DUI is a mistake, and many good people are left to deal with these mistakes for years. While we can work to get these charges dismissed, many clients wonder if it will ruin the rest of their life. You can learn from this mistake and not make it again after your Harvard Heights DUI lawyer helps you.
If you do not have the proper defense, you can face jail time and have the DUI on your permanent record. You will have to disclose your criminal record during job and housing applications, and that can impact the rest of your life. Your life is not over, but you will have a challenging time trying to rebuild it.
You Can Defend Yourself
You have several possible defenses for a DUI charge, but you must speak with our DUI attorneys to find the best option. A common defense is police officer error since they have many regulations for administering these tests and how they can arrest you. If you get a DUI charge through a sobriety checkpoint, you will have a different defense than when you are pulled over for erratic driving.
We must be scrupulous when reviewing the details of your arrest and charges. Another defense is a rights violation from the arresting officer. The DUI lawyers from Simmrin Law Group will work to find errors and biases that can impact your case.
We find the perfect angle to attack their case and get you a dismissal.
Contact the Simmrin Law Group Today
There is no guarantee for your future when you have a DUI charge or conviction, and you need a criminal defense lawyer who knows how to build a solid defense and get your life back on track. When your life’s on the line, you need a DUI attorney in Harvard Heights, CA, that can investigate your circumstances and get you the best outcome possible. Contact the Harvard Heights DUI lawyer from Simmrin Law Group for a case evaluation.
Trust us to fight for you during this challenging time.
Call or text (310) 896-2723 or complete a Free Case Evaluation form