DUI Defense

DUI Defense Attorneys in San Bernardino

Handling Driving Under the Influence Cases in San Bernardino County, Victorville, Apple Valley, & Redlands

Driving under the influence can involve alcohol, drugs, or both.  Depending on the circumstances, this type of offense can be charged as a misdemeanor or felony.  The information below is intended to give you a general overview of a driving under the influence offense and is not intended as an exhaustive list of what you could be facing should you find yourself arrested for this criminal offense. 

Typically, when you are arrested for driving under the influence, there are two hearings with which you should be concerned. The most time-sensitive hearing is the Department of Motor Vehicles Administrative Per Se Hearing. The second is the court hearing. 

Administrative Per Se Hearing - (DMV Hearing)

When you are arrested for a DUI, the California Department of Motor Vehicles may take action against your driver’s license.  Before they do so, however, you have a right to an Administrative Per Se Hearing. This hearing must be requested within 10 calendar days from the date of your arrest. Otherwise, within 30 calendar days from the date of the arrest, the DMV will automatically take action to suspend your license. 

There are various DUI actions the DMV may take against your driver’s license. The circumstances involving your DUI arrest will control how the DMV chooses to proceed.  For example, if you refuse the chemical test and the arresting agency is forced to obtain a warrant to draw your blood, the DMV will proceed with a Refusal Hearing.  If you possess a commercial driver’s license as well as a Class C driver’s license, the DMV will proceed against both licenses.  If you are on DUI probation, that will have an impact.  At Bullard & Powell, APC., we understand this process and the consequences and can help you to navigate the hearing. 

Misdemeanor Driving Under the Influence

Most people who are arrested for a DUI are arrested for a misdemeanor DUI. 

These offenses include: 

  • Vehicle Code §23152(a) - Driving Under the Influence of Alcohol
  • Vehicle Code §23152(b) - Driving with a Blood Alcohol Level of .08% or greater
  • Vehicle Code §23152(c) - Driving while Addicted to a Drug
  • Vehicle Code §23152(d) - Driving a Commercial Vehicle with a Blood Alcohol Level of .04% or greater
  • Vehicle Code §23152(e)/(f) - Driving Under the Influence of a Drug
  • Vehicle Code §23152(g) - Driving Under the Combined Influence of Alcohol and Drug
  • Felony Driving Under the Influence

The main difference between a misdemeanor DUI and felony DUI is that a felony DUI typically involves an injury to another.  The severity of the injury, such as a broken bone or injuries involving significant sutures, can place the injury into the felony realm.  A DUI can be charged as a felony if you are convicted of three prior offenses within a 10-year period.  Further, a DUI that may normally be charged as a misdemeanor may be charged as a felony if you have a prior felony DUI conviction. 

Felony DUI offenses include: 

  • Vehicle Code §23153(a) - Driving Under the Influence of Alcohol Causing Injury
  • Vehicle Code §23153(b) - Driving with a Blood Alcohol Level of .08% or greater; Causing Injury
  • Vehicle Code §23153(c) - Driving while Addicted to a Drug Causing Injury
  • Vehicle Code §23153(d) - Driving a Commercial Vehicle with a Blood Alcohol Level of .04% or greater; Causing Injury
  • Vehicle Code §23153(e)/(f) - Driving Under the Influence of a Drug Causing Injury
  • Vehicle Code §23153(g) - Driving Under the Combined Influence of Alcohol and Drug Causing Injury

Navigating a DUI case is complex and can be daunting. At Bullard & Powell, APC., we are familiar and knowledgeable in DUI matters. 

Contact us onlineor call (909) 531-5511 to speak with our San Bernardino DUI defense lawyers.

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