Experienced Ontario, California DUI Lawyers Assist Clients Charged with Driving Under the Influence
Driving under the influence (DUI) of alcohol or drugs is a crime that is prosecuted aggressively in California and specifically Ontario or San Bernardino County courts. The penalties for even a first offense of DUI in California can be harsh: mandatory periods of incarceration, hundreds of dollars in fines, restrictions on your driving privileges, and costs and fees associated with probation are just a few of the consequences of a DUI conviction. If you obtain multiple DUI convictions within a ten-year period, these penalties can be enhanced even further. The Ontario, CA – Ontario, CA DUI lawyers of Schwartzberg | Luther, APC are available and ready to help you defend yourself against your DUI charges.
A DUI conviction can negatively affect your lifestyle and, more importantly, your livelihood. If you drive a vehicle for a living (a commercial driver or taxicab driver, for instance) you may find it impossible to continue with your employment after a DUI conviction. The fines and related costs of a conviction can impact your family’s budget and your ability to meet your daily expenses. Call us right now at (909) 457-4270 to schedule a free consultation with our attorneys.
DUI Penalties in California
Driving under the influence is typically charged as a misdemeanor offense in the State of California. However, if the driver has accumulated at least three DUI convictions within a ten-year period and he or she is convicted of a fourth DUI offense within that same ten-year period, the driver may be charged with a felony offense. In addition, if the driver is convicted of driving under the influence and causing a car accident that results in an injury or death to another person, the driver may face felony charges. A person can be considered DUI if:
- His or her breath alcohol concentration is 0.08 or greater; or
- He or she is determined to be under the influence of alcohol, drugs, or a combination of the two that renders him or her unable to safely drive a vehicle.
The precise penalties you will face for a DUI conviction will depend in large part on the number of previous DUI convictions you have accumulated in the last ten years (referred to as the “lookback period”):
- No prior convictions: Up to six months in jail and up to $1,000 in fines;
- One prior conviction: Up to one year in jail and up to $1,000 in fines;
- Two prior convictions: Up to one year in jail and up to $1,000 in fines;
- Three or more prior convictions, or felony DUI: Up to sixteen months in prison and $1,000 in fines;
- DUI resulting in death to another: Possible life imprisonment and a “strike” pursuant to the “Three Strikes Law” in California.
The penalties listed above do not include other penalties or collateral consequences of a DUI conviction in California. For example, you can expect to be placed on probation for a period of time and have your driving privileges suspended or revoked.
Marijuana DUI Defense Lawyer in Ontario, CA
The laws regarding marijuana, and the enforcement of laws, have been in flux since it became legal for recreational use in California on January 01, 2018. Essentially, California law allows people over 21 may possess up to 28.5 grams of marijuana, or up to 8 grams of concentrated cannabis. Just like alcohol, under no circumstance is it legal to operate a vehicle while under the influence of marijuana. The problem arises in the unreliable roadside testing of marijuana intoxication. Since marijuana will be present in the blood and urine for up to 30 days after use, it makes chemical tests involving blood, urine or breath unreliable to detect if a person has consumed within the past few hours. Police typically start their investigation with a “Field Sobriety Test” (FST), similar to those used for alcohol. Regardless of how you were tested, if you or a family member was arrested on suspicion of DUI, or drug possession, call a San Bernardino County marijuana DUI lawyer today to ensure that your rights are defended.
Contact a DUI Defense Attorney in Ontario, California
Despite the scientific-sounding evidence available to the prosecution in a DUI case (blood or breath tests, standardized field sobriety tests, etc.), an experienced Ontario, CA DUI attorney can help you attack the prosecution’s evidence. For example, you may be successful in your DUI defense if it is shown that:
- The officer did not have reasonable suspicion to pull you over;
- The officer did not have probable cause to arrest you for DUI;
- The breath testing machine was malfunctioning or produced an unreliable reading;
- The blood sample collected from you was not properly collected or tested.
Contact Schwartzberg | Luther, APC right away if you have been arrested or charged with DUI in the Inland Empire. We will move swiftly to protect your driving privileges and work to obtain a favorable resolution to your DUI charges. Contact our office at (909) 457-4270 today to schedule your free consultation.