Penalties for driving under the influence (DUI) are often incredibly harsh. The court system and the Department of Motor Vehicles (DMV) in Huntington Beach have very strict rules about how people operate their motor vehicles. Individuals accused of breaking these rules can face fines and incarceration if convicted in court. You can even lose your driver’s license.
The legal team at Simmrin Law Group has experience helping clients dealing with DUIs. We’ll act quickly to start developing your case. You can rely on our DUI lawyers in Huntington Beach to dig into your situation right away. We’ve successfully defended many clients from DUI charges, and we can offer the same protection to you.
Understanding California DUI Charges
The process for handling a DUI can be complex. Our attorneys know the laws that outline these arrests, the required process, how chemical testing works, the evidence prosecutors will try to use against you, and more. We can help you understand:
Blood Alcohol Content (BAC)
You can face charges of a DUI if your blood alcohol content (BAC) exceeds the legal limit set by the state. Generally, non-commercial drivers over the age of 21 must have a BAC lower than .08 percent. Other groups of drivers have different regulations:
- Drivers under age 21 must have a BAC of less than .01 percent
- Commercial drivers must have a BAC of less than .04 percent
Law enforcement officers can arrest you or cite you if your BAC exceeds these limits or if they have other reasons to believe you are driving under the influence of alcohol or drugs.
DUI Traffic Stops
Many people face DUI charges after a motor vehicle accident or traffic stop. Police officers who suspect someone is committing a DUI may use field sobriety tests. Field sobriety tests can include walking in a straight line and chemical tests such as a breathalyzer.
Your legal rights allow you to refuse these tests in some circumstances. However, you must submit to any test if you are under 21 years old or on DUI probation. Additionally, your compliance is required once the office places you under arrest.
If you refuse a legally required sobriety test, you may end up losing your license and facing additional punishments. The penalties of this type of charge are similar to what you will face following a DUI conviction, and you could still face DUI charges as well.
For a free legal consultation with a dui lawyer serving Huntington Beach, call (310) 896-2723
Not All Huntington Beach DUI Arrests Involve Alcohol
With the passage of laws that provide for recreational marijuana use in California, law enforcement issues more citations and makes more arrests for DUI drugs than in the past. This can involve any drug that affects your ability to operate a car, including:
- Marijuana
- Opiates
- Methamphetamines and other uppers
- Prescription medications with certain side effects
- Some over-the-counter medications that cause drowsiness
This most commonly occurs when a police officer claims to witness a driver violate a traffic law, such as failing to maintain a lane, and stops them. They then question whether the driver has been drinking or using drugs. With help from field sobriety tests and possibly chemical tests, they determine the driver may have drugs in their system. This leads to arrest and DUI drug charges.
If this happened to you, there is no reason why you should face this alone. Our attorneys serving clients in Huntington Beach know how to navigate the criminal justice system and fight for your best interests. We are here for you.
Huntington Beach DUI Lawyer Near Me (310) 896-2723
DUI Penalties in Huntington Beach, CA
You can end up suffering severe repercussions if the criminal courts convict you of a DUI. Note that the penalties for DUIs grow harsher each time you receive a conviction. Common examples of DUI punishments include:
1st DUI Offense:
- Fines: $2,000
- Jail Time: 6 months
- License Suspension: 1 year
2nd DUI Offense:
- Fines: $2,500
- Jail Time: 1 year
- License Suspension: 2 years
3rd DUI Offense:
- Fines: $3,000
- Jail Time: 1 year
- License Suspension: 3 years
The court can also require you to go through an alcohol treatment program as a part of a DUI conviction. You can increase your chances of avoiding these penalties by contacting a criminal defense lawyer in Huntington Beach today. Take charge of your future and get the legal advice you need right now.
The license suspension associated with a DUI does not require a criminal conviction. Instead, the California Department of Motor Vehicles (DMV) oversees this process. The suspension is administrative. You have only 10 days to request a hearing following your arrest. This is your only opportunity to present evidence and challenge the suspension.
Our attorneys represent clients during this hearing. We will fight for your driving privileges and present a strong argument on your behalf during the DMV hearing. We can also request the hearing on your behalf if you enlist our help soon enough after your arrest.
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Additional Traffic Violations in Huntington Beach
Many people think first of DUIs when considering traffic violations, but you can face additional legal hardships for driving mistakes. Depending on the severity of these offenses, the penalties could be similar—or worse than—those you would receive after a DUI conviction.
Examples of Traffic Violations
A traffic infraction in Huntington Beach generally stems from a careless mistake behind the wheel. The court system does not consider these minor mistakes serious enough to be criminal acts, but they violate traffic laws and could cause collisions. Drivers may face traffic infraction accusations for:
- Illegally changing lanes
- Misusing a carpool lane
- Running a stop sign
- Speeding
- Running a red light
- Failing to yield when turning
The courts consider some traffic violations, like DUIs, as criminal actions. They prosecute these charges as misdemeanors or felonies. Examples of these serious traffic violations include:
- Reckless driving
- Vehicular manslaughter
- Driving on a suspended license
- Driving on a revoked license
Tickets for Traffic Violations
Many traffic violations stem from an ordinary traffic stop. A law enforcement officer may pull you over and give you a ticket. Citations can also occur after a collision. You may also receive a ticket from a red-light camera in the Huntington Beach area. These cameras were deemed constitutional by the California Supreme Court, which means you must treat them seriously.
Traffic Violation Penalties
You may end up facing serious penalties for a traffic violation. Traffic infractions call for fines, while criminal traffic violations often involve fines and incarceration. Note that you will also receive points on your license for all traffic violations. This can put your driving privileges in jeopardy.
The DMV can suspend your license if you exceed the following point limits:
- 4 points in 1 year
- 6 points in 2 years
- 8 points in 3 years
A DUI lawyer can help you deal with any charge for a traffic violation. You can get the defense you need by contacting a legal professional today. You do not have to try to navigate the criminal justice system on your own. Our attorneys know how to counter allegations and fight to protect our clients’ rights and futures.
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A Huntington Beach DUI Lawyer Can Protect You
You can end up paying high fines and spending time behind bars if the courts convict you of a DUI. Simmrin Law Group knows that you need to act quickly to have the best chances of winning your case. We’ll start giving you the advice you need immediately with a FREE consultation. Our team of DUI lawyers in Huntington Beach will build an aggressive defense tailored to your needs.
Learn more about how we can help by filling out our online contact form or calling us today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form