San Bernardino DUI Lawyer

Aggressive Defense Against DUI Charges in Victorville, Apple Valley, and 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. If you have been charged with a DUI in San Bernardino, it is essential to review your legal options and consider the benefits of working with a DUI lawyer in San Bernardino.

Bullard & Powell, APC can explain the legal ramifications of your charges and negotiate with prosecutors on your behalf. We will build a solid defense strategy to protect your rights, help avoid potential jail time, minimize fines, and/or help get your license back. Our approach also involves a detailed examination of the evidence against you, which can provide avenues for reducing the severity of the consequences you face. Whether it’s challenging the validity of the traffic stop or the accuracy of chemical tests, a comprehensive review is critical.

Furthermore, our San Bernardino DUI lawyers are knowledgeable about laws that could affect the outcome of your case and any defenses that may be available based on the evidence used against you. Ultimately, suppose you have been accused of driving under the influence in San Bernardino. In that case, hiring an experienced criminal defense lawyer is essential to fight for justice in this complicated process. It’s equally important to understand that potential penalties can vary based on prior offenses, minors in the vehicle, and your Blood Alcohol Concentration (BAC) level at the time of arrest. Each factor can significantly alter your options and strategy.

Facing DUI charges in San Bernardino? Call Bullard & Powell, APC. today at (909) 771-2304 or contact us online to understand your rights and options!

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.

The DMV may take various DUI actions against your driver’s license. The circumstances involving your DUI arrest will control how the DMV proceeds. For example, if you refuse the chemical test and the arresting agency is forced to obtain a warrant to draw your blood, the DMV hearings will proceed with a Refusal Hearing. If you possess a commercial and 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 a felony DUI is that a felony DUI typically involves an injury to another person. 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 10 years. 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.

What are the Criminal Penalties for Getting a DUI in California?

There are two types of misdemeanor DUI charges in San Bernardino: 1) DUI under Vehicle Code 23152(a), and 2) Driving with Excessive Blood Alcohol Content under Vehicle Code 23152(b). The first-time offender faces the following punishment:

• Probation for three years,
• A six-month suspension of a defendant's driver's license (although the defendant may still be able to drive if an ignition interlock device (IID) is installed),
• Up to $1000 in fines,
• An alcohol and drug education program, and
• A two-day jail sentence (that can usually be suspended).

A defendant's attorney can usually attend all court appearances for a misdemeanor DUI. Because the San Bernardino courts tend to drag out DUI cases over several months, we have plenty of time to prepare the best defense possible and negotiate a favorable deal with prosecutors.

DUI & DWI Specifics in San Bernardino

Understanding DUI and DWI laws in San Bernardino is crucial for anyone facing such charges. The city, as part of California, adheres to state DUI laws that define driving under the influence with a Blood Alcohol Concentration (BAC) of 0.08% or higher for regular drivers and 0.04% or more for commercial drivers. Additionally, California’s zero-tolerance policy means drivers under 21 cannot have any measurable alcohol in their system.

Individuals charged with a DUI often face complex legal procedures that may include both criminal and administrative penalties. The penalties can be severe, ranging from fines and probation to mandatory DUI classes, license suspension, and jail time for repeat offenders. Engaging a knowledgeable DUI defense lawyer in San Bernardino who can navigate these complexities and provide sound legal advice tailored to San Bernardino’s unique legal landscape is crucial.

Common Routes & DUI Checkpoints

In San Bernardino, law enforcement frequently sets up DUI checkpoints to deter and catch impaired drivers. These checkpoints are often placed on highly trafficked routes such as Interstate 10, Interstate 215, and major arterial roads like Highland Avenue and Baseline Street. Understanding the local traffic patterns and common checkpoint locations can be advantageous as a preventative measure and in preparing a defense.

When stopped at a DUI checkpoint, drivers must provide their license, vehicle registration, and proof of insurance. It’s essential to remain calm and respectful during these stops, as any resistance could complicate your legal situation. If you need legal representation after a checkpoint stop, Bullard & Powell, APC. can provide the support and guidance needed to manage the ensuing legal process confidently and competently.

Understanding the Importance of Hiring an Experienced San Bernardino DUI Defense Attorney

Being charged with a DUI can have serious consequences, including fines, license suspension, and even jail time. Having a knowledgeable and experienced DUI defense attorney on your side is crucial to navigate the legal process and fight for the best possible outcome for your case.

Benefits of hiring a DUI defense attorney include:

• Legal expertise and knowledge of DUI laws
• Ability to challenge evidence and build a strong defense
• Negotiation skills to potentially reduce charges or penalties
• Guidance and support throughout the legal process
• Potential to minimize the impact on your driving record and future opportunities

At Bullard & Powell, APC, our team of trusted DUI attorneys is dedicated to providing aggressive representation and personalized attention to each client. Contact us today to schedule a consultation and discuss your DUI defense options.

Protect your future. Contact a trusted San Bernardino DUI lawyer at Bullard & Powell, APC., for an experienced, aggressive defense!

Frequently Asked Questions

How Can a DUI Affect My Employment in San Bernardino?

Getting a DUI can have significant impacts on your employment, especially if your job requires you to drive or hold a commercial driver’s license. In San Bernardino, a DUI conviction may lead to job termination or difficulty securing new employment. Employers may view a DUI as a liability, impacting their trust in your reliability and responsibility. Additionally, the time required for court appearances and mandatory DUI programs may conflict with your work schedule, leading to further complications at your job.

Is It Worth Fighting a DUI Charge?

It’s worth fighting a DUI charge, especially in a place like San Bernardino, where repercussions can be severe. You may reduce penalties, avoid a license suspension, or even drop the charges by contesting them. Engaging a skilled DUI defense attorney can make a significant difference in the outcome of your case. They can evaluate the validity of the officer’s stop, the accuracy of BAC testing, and other procedural elements that could be challenged in court.

What Are the Long-Term Consequences of a DUI Conviction?

The consequences of a DUI conviction can extend far beyond fines and jail time. In San Bernardino, as in much of California, a DUI record can increase your auto insurance rates for years, affect your credit rating, and appear on background checks, potentially hampering future employment opportunities. Furthermore, repeated offenses can result in felony charges, which carry more severe penalties and longer-lasting impacts on one’s life. Therefore, it is critical to address DUI charges with competent legal assistance.