Temecula DUI Attorney
California has strict laws against driving under the influence, and if you’re caught driving while intoxicated, you could face serious penalties. Fighting a DUI can be overwhelming. It’s a serious charge that should be handled by an experienced Temecula DUI lawyer.
The Law Offices of Schwartz & Godbey offer clients decades of experience with proven results. We take action with each case, diving into the research and securing all the needed documents and police reports. We can fight for you whether it’s your first offense, second, or third.
What Is DUI?
It’s illegal to drive under the influence of alcohol or drugs. The legal limit for getting behind the wheel is based on a driver’s blood alcohol content, or BAC. In California, if your BAC is 0.08% or higher if you’re over 21 or 0.01% if you’re under 21, you can be charged with a DUI.
A DUI charge can create a disruption in your personal and professional life that will last for years, and if you’re convicted, it can be even worse. If you’re pulled over and arrested for DUI, your license will be immediately suspended by the DMV, but loss of your license is just the start of the consequences you can face when charged with a DUI.
A conviction of DUI in California can also result in the following penalties:
- Fines and court costs
- Jail time
- Community service
- Court-ordered alcohol treatment
A DUI lawyer can begin your defense by challenging your license suspension. As long as you request a DMV administrative hearing within 10 days of your arrest, you have the opportunity to keep your driving privileges while your case is going through the court system. An attorney can also help fight the charges to reduce them or reduce the penalties.
DUI Misdemeanors and Felonies in Temecula, CA
You can face penalties for DUI even if it’s your first offense. Most first-time offenders are charged with a misdemeanor. In fact, in 2024, there were 98,758 misdemeanor DUI arrests in California compared to 5,299 felony DUI arrests.
You may be eligible for reduced charges if it’s your first misdemeanor DUI offense. However, there are also circumstances that can increase the severity of the charge to a felony, even for a first offense.
In California, a DUI that results in the injury or death of a person or a fourth DUI within 10 years is classified as a felony. If you get a DUI with a minor in the car, it can also result in a felony charge.
A Temecula DUI attorney can challenge procedures, your breathalyzer or blood test results, and the legality of your traffic stop to either dismiss the case or reduce the DUI to a lesser charge.
Hire a DUI Lawyer to Help You
When you hire a DUI lawyer from our firm who understands state DUI laws, they can navigate the legal system for you and guide you through the process to make sure your rights are upheld from the time of your arrest to the end of your case.
Your defense can include:
- Case evaluation – Your DUI attorney can thoroughly review your case and the circumstances of your arrest. They can examine police reports, any evidence, and other information that may indicate a police mistake.
- Legal representation – A DUI attorney can represent you and serve as your advocate throughout any hearings or court proceedings at the Southwest Justice Center in Murrieta, and in any negotiations with the prosecution.
- Knowledge of California DUI laws – Temecula attorneys know the ins and outs of California DUI laws. They can inform you of potential penalties and the available defenses.
- Plea bargaining – An attorney can negotiate a plea bargain in your DUI case to reduce the charges or your sentence. Taking a plea bargain instead of going to court may lead to a more lenient sentence and allow you to avoid a license suspension.
- Prepared defense strategies – Once your attorney evaluates your case and the penalties, they can determine which legal defenses apply.
- DMV hearing – Your attorney can represent you at a DMV administrative hearing to fight for your driving privileges.
What to Look for in a DUI Attorney
Choosing the right lawyer is important for your case. Before researching potential attorneys, consider the questions you want to ask. Find out the training and experience the lawyers have in DUI cases, ask about the types of strategies they might use, and find out their history of resolving DUI cases.
Keep in mind that the fee structure is not necessarily the most important factor in choosing an attorney. You want someone you feel comfortable with and an attorney who will explain each step of the process and make sure you understand all the legal terms and charges against you.
FAQs
Q: How Much Does a Lawyer Cost for a DUI in California?
A: The cost of a lawyer for a DUI in California can depend on factors like the complexity of your case and whether or not the case goes to trial. Fees for DUI cases are often a flat fee with an agreed-upon price up front for specific services, but some attorneys charge an hourly rate or even a retainer.
Q: Is It Worth Getting a Lawyer for a First-Time DUI?
A: Yes, it is worth getting a lawyer for a first-time DUI. An attorney can still make a big impact on your case. They can protect your driving privileges, help reduce the charges, and avoid harsh penalties. A lawyer can present mitigating circumstances that may help you keep your record clean.
Q: What Is the 3-Hour Rule for DUI in California?
A: The 3-hour rule for DUI in California refers to the legal presumption under California Vehicle Code 23152(b) that if a person’s BAC is above the legal limit when tested up to three hours after they were driving, then it is considered the same as when they were driving. This rule helps prosecutors prove intoxication even when an individual’s BAC is not taken at the moment of arrest.
Q: What Percentage of DUI Cases Get Dismissed in Temecula, California?
A: Only a small percentage of DUI cases get dismissed in Temecula, California. A dismissal typically depends on the case’s factors, including whether it’s a first-time or repeat offense, the strength of the evidence against the defendant, and the strength of the legal representation. We can provide a solid defense that is aimed at dismissing your charges.
Contact a Temecula DUI Lawyer Today
The Law Offices of Schwartz & Godbey understands how overwhelming it can be to face DUI charges. We have years of experience successfully defending clients in DUI cases and can discuss the unique needs of your situation. We can provide you with professional legal advice and support you through the process step by step. Contact us today for a consultation.