Rancho Cucamonga DUI Defense Attorneys

San Bernardino County DUI Defense Services

If you're dealing with a first-time DUI charge in California or have previous convictions and face another DUI arrest, you deserve a robust defense. At the Law Offices of Visco & Selyem, our Rancho Cucamonga DUI lawyers are dedicated to protecting our clients' rights, freedoms, and futures. With our background as former prosecutors now serving as top-rated defense attorneys, we offer extensive knowledge, insight, and proven strategies to significantly impact the outcome of our clients' cases.

Learn how we can develop a customized, comprehensive defense for your California DUI charge. Contact us any time at (714) 908-9080 for a free initial consultation with a DUI attorney near you.

IS A DUI A FELONY IN CALIFORNIA?

In California, a DUI is typically a misdemeanor for the first or second offense. However, under certain conditions, a DUI can be elevated to a felony. Here is how DUI offenses are categorized in California:

A first and second DUI offense is generally treated as a misdemeanor in California. Penalties for misdemeanor DUIs can include fines, license suspension, probation, DUI school, and sometimes jail time. The specific penalties depend on the case's details and whether it is a first or second offense.

A DUI can become a felony under these conditions:

• DUI with Injury: A DUI causing injury to another person can be charged as a felony, often referred to as a "DUI with injury" or "felony DUI with injury."
• Multiple DUI Offenses: If someone has three or more DUI convictions within ten years, a subsequent DUI can be a felony.
• Prior Felony DUI: Any subsequent DUI after a prior felony DUI conviction may also be charged as a felony.

Felony DUI charges carry more severe penalties, including longer jail or prison sentences, and can have a lasting impact on a person’s criminal record.

The consequences of a DUI conviction, whether misdemeanor or felony, depend on factors like blood alcohol concentration (BAC), prior convictions, and aggravating circumstances. If facing DUI charges in California, it's essential to consult with a specialized Rancho Cucamonga DUI defense attorney to understand your case details and receive proper legal guidance.

EFFECTIVE DUI DEFENSE STRATEGIES IN RANCHO CUCAMONGA

Contrary to common belief, many defenses are available for DUI charges in California. Many assume that an arrest for driving under the influence, especially with a suspended license, means the District Attorney has enough evidence for a conviction. This isn't always the case. There are several viable defenses against DUI charges, and we have successfully used these strategies in court.

Some of the effective DUI defenses our Rancho Cucamonga drunk driving lawyers have used include:

• Mechanical issues with the breathalyzer equipment
• Law enforcement’s failure to properly maintain and test breathalyzer equipment for accuracy
• Failure of law enforcement to read the driver their Miranda rights
• Unjustified traffic stops—for example, merely weaving within your lane is not enough grounds for a traffic stop
• Lack of probable cause for the DUI arrest
• Evidence suggesting intoxication was actually due to fatigue or tiredness
• The driver’s BAC being lower at the time of driving than at the time of the test (common when the driver is stopped shortly after drinking or if the test is delayed)
• Failure of law enforcement to properly observe the driver for the required fifteen minutes before administering a breathalyzer test

If you have been arrested for or charged with a DUI in Rancho Cucamonga or nearby areas, it is crucial to contact our law firm immediately to start building your defense. We will thoroughly investigate your case for errors by police officers and other factors that could disprove the charges against you.

Discover how the former prosecutors at the Law Offices of Visco & Selyem can develop the right defense for your DUI case. Call  (714) 908-9080 or use our online contact form to request a free initial case review from a DUI lawyer near you.

California DUI FAQ

Can I refuse a breathalyzer test if pulled over for suspicion of DUI?

In California, drivers are subject to implied consent laws, meaning that by obtaining a driver's license, individuals consent to chemical testing if lawfully arrested for DUI. Refusing a breathalyzer test after a lawful arrest can result in additional penalties, such as license suspension.

How can a Rancho Cucamonga DUI defense attorney help me?

A DUI defense attorney in Rancho Cucamonga can provide crucial assistance by evaluating your case, identifying potential defenses, and representing you in court. They can challenge the evidence, negotiate with prosecutors for reduced charges or alternative sentencing options, and ensure that your rights are protected throughout the legal process.

How long do DUI convictions stay on my record in California?

DUI convictions can stay on your record for up to ten years in California. However, with the assistance of a qualified attorney, it may be possible to expunge the conviction from your record after fulfilling the terms of your sentence and probation.