San Bernardino DUI Lawyer

Aggressive Defense Against DUI Charges in 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. If you have been charged with a DUI in San Bernardino, it’s 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’ll 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, including results from a breathalyzer used to measure blood alcohol concentration, 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’re 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. If your DMV notice provides a right to a hearing, you have 10 days after receiving the notice to request that hearing, which is conducted by a DMV Driver Safety Hearing Officer.

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’re 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.

What Happens After a DUI Arrest?

A DUI arrest can start two separate matters: a DMV administrative case involving your driving privileges and a criminal case in court. A DMV hearing request must be made within 10 days after you receive a notice that grants a right to a hearing. Refusing a post-arrest chemical test triggers a driving-privilege suspension of at least one year, separate from the outcome of the criminal case.

We review the allegations and supporting evidence while representing you through the criminal process. Founding partners Jeffrey Bullard and Sarah Powell are directly involved from start to finish, without handoffs to junior associates or paralegals. We prepare each matter as though it may proceed to trial, including cases ultimately resolved through negotiations.

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) - Driving for Hire with a Blood Alcohol Level of.04% or Greater
• Vehicle Code §23152(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

Vehicle Code Section 23152(f) also covers a marijuana DUI, which is a drug-impaired driving allegation involving marijuana rather than alcohol. Section 23152(g) applies when the allegation involves the combined influence of alcohol and drugs.

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’re 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) - Driving for Hire with a Blood Alcohol Level of.04% or Greater Causing Injury
• Vehicle Code §23153(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’re familiar with and knowledgeable about 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).

In some cases, prosecutors may agree to a wet reckless, a reduced reckless-driving charge involving alcohol, depending on the allegations, evidence, prior record, and case-specific circumstances.

A defendant’s attorney can usually attend all court appearances for a misdemeanor DUI. Because DUI cases can proceed over several months, we use that time to prepare the defense and negotiate 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. The DMV uses a 0.04% blood alcohol concentration threshold for commercial drivers in its Administrative Per Se hearing standard. Additionally, California’s zero-tolerance policy means drivers under 21 can’t 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.

A standardized field sobriety test may include the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand exercises. These roadside coordination exercises are distinct from chemical breath, blood, or urine testing required after a lawful arrest, and we review how officers administered and documented them when examining evidence from a stop.

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 a favorable outcome for your case.

Benefits of hiring a DUI defense attorney include:

• Legal 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

Jeffrey Bullard and Sarah Powell remain directly involved in every case from start to finish. We bring more than 30 years of combined legal experience to DUI and felony DUI matters, regularly handle cases at the San Bernardino Justice Center, and appear before judges of the San Bernardino Superior Court. Every case is prepared as though it may proceed to trial, including matters resolved outside the courtroom.

After a conviction, DUI expungement may allow an eligible person who completed probation to have the conviction dismissed under California law. This process doesn’t erase the DMV driving record or every legal consequence of the conviction.

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.

You can also read about our underage DUI cases defense here.

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, which can create further complications at your job.

What Should I Bring to an Initial DUI Consultation?

Bring your arrest paperwork, DMV notice, court documents, citation, and any records related to chemical testing. You should also prepare questions about the allegations, your driving privileges, and upcoming court or DMV proceedings. These materials help us identify the immediate issues that need attention.

Can a DUI Affect Auto Insurance?

A DUI can affect your auto insurance rates, coverage, or eligibility, depending on your insurer, driving record, and policy terms. The insurance consequences are separate from the criminal case and DMV action, so they can continue even after the court matter is resolved.

Protect your future. Call (909) 771-2304 to request a free consultation or contact a trusted San Bernardino DUI lawyer at Bullard & Powell, APC. to discuss your defense options.