Murrieta DUI Attorney
Being charged with a DUI can have significant and long-lasting consequences. Beyond monetary penalties and the potential for jail time, a DUI can impact a person’s ability to hold employment, travel, and pursue opportunities. At the Law Offices of Schwartz & Godbey, our experienced Murrieta DUI lawyers are prepared to stand by you with vigorous advocacy and experienced guidance.
About Us
With over 30 years of experience, the Law Offices of Schwartz & Godbey have been serving the people of Murrieta and the greater Riverside County in order to ensure their interests are defended. With litigation experience across a range of fields, our skilled attorneys are prepared to stand with you.
DUIs in California
In California, DUI laws are articulated under the California Vehicle Code 23152, which states that it is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher. In addition, other influences, such as controlled substances or prescription medication that may impair a driver’s ability, may constitute grounds for a DUI charge.
Penalties
State and local authorities take DUIs seriously. One study conducted found that over a recent one-year period, alcohol-impaired fatalities in California rose by over 20%. Murrieta police made 150 DUI arrests in 2022 alone. Penalties for DUI convictions are typically based on a sliding scale depending on a person’s history. Typically, they take into account a 10-year period. Maximum penalties include:
- First offense. Fines of up to $1,000 and 6 months in jail. In addition, a person’s license may be suspended for up to 10 months. This is accompanied by a mandatory DUI education program.
- Second offense. If this occurs within a 10-year period of the first offense, a conviction may include fines equal to the first instance, with potential jail time increasing to 1 year. A person’s license will be suspended for up to 2 years, and they will have to undergo a DUI program.
- Third offense. If a person is convicted of a third DUI within 10 years, they may face one year in prison and a three-year driver’s license revocation. Mandatory DUI programs will likewise be applied, as well as a maximum fine of up to $5,000.
- Fourth offense. A fourth charge within 10 years automatically becomes a felony offense. This may carry a jail sentence of up to three years, as well as additional conditions required by the court.
DUI litigation in Murrieta typically occurs at the Southwest Justice Center, located at 30755-D Auld Rd., Murrieta, CA, 92563.
Defending Against a DUI
One survey by the California DMV has found that, in general, around 30% of DUI charges do not result in a conviction. While there is no one approach to defending against a DUI allegation, there are several strategies that a seasoned Murrieta DUI attorney may consider:
- Scrutinizing evidence. While many believe that FST technologies such as breathalyzers are ironclad evidence, they are complex pieces of equipment. Scrutinizing the device, how it was operated, and whether it functioned correctly, can be a strong approach when seeking to mitigate a prosecutor’s evidence.
- Challenging the legality of the stop. All American citizens are protected by the Fifth Amendment against unreasonable search and seizure. If it can be shown that there was no reasonable cause for a police officer to stop the accused, then this can mitigate the resulting evidence provided by the prosecution.
- Negotiate a plea deal. Depending on the circumstances of the DUI case, a skilled attorney may feel a plea deal is appropriate to mitigate the full force of a potential conviction and work with prosecutors to find alternatives to potential jail time, fines, and other penalties.
Why Choose Us
The Law Offices of Schwartz & Godbey work diligently to maintain a reputation of vigorous representation, with a results-oriented approach based on the needs of the client. Our experienced lawyers understand that each situation is different, and are prepared to offer sound counsel based on the facts of a case. DUI litigation is a complex process, and whether defending clients means litigation in court, seeking dismissal, or bargaining with prosecutors, our attorneys will always represent your interests.
FAQs
Q: How Much Does a DUI Lawyer Cost?
A: How much a DUI lawyer costs depends on several factors, including whether the charge is a first offense or a repeat offense, the complexity of the case, and whether the matter proceeds to trial. In California, first-time DUI cases often involve legal fees in the low thousands, while more serious or contested cases can cost significantly more. Attorneys typically structure fees based on the work required and the potential consequences involved.
Q: Is It Worth It to Get a Lawyer for a DUI in California?
A: Yes, it is worth it to get a lawyer for a DUI case in California. If you hire a DUI lawyer, you significantly improve your ability to defend yourself against allegations and mitigate the possibility of a conviction, as well as open up the possibility of favorable plea bargains that can lessen fines, jail time, and other consequences.
Q: What Percent of DUI Cases Get Dismissed in California?
A: Around 30% of DUI cases do not result in a conviction in California. This can be for a number of reasons, such as dismissal of cases due to a lack of evidence, procedural misconduct, or plea bargaining on behalf of the accused. This statistic shows it is worthwhile to engage with an experienced DUI lawyer who can defend your interests.
Q: What Is the 3-Hour Rule for DUI in California?
A: The three-hour rule is an argument prosecutors often use to show the efficacy of breathalyzers in DUI cases. It is the legal assumption that a breathalyzer accurately records BAC if given within 3 hours of a person being stopped. Because of this, prosecutors are always keen to establish the exact time that a breathalyzer was given to support their arguments.
Hire a DUI Lawyer
Whether you are facing a first, second, or third offense, it is critical to have experienced counsel by your side when facing a DUI charge. The experienced attorneys at the Law Offices of Schwartz & Godbey are prepared to render their experience to ensure your interests are protected and rights preserved in the face of DUI allegations. Contact us today to learn how we can help you.