San Leandro DUI Lawyer

San Leandro DUI Attorney

Being charged with driving under the influence (DUI) can be a scary situation. A DUI criminal offense is prosecuted harshly in every state, and you could face months in jail and thousands in fines. A DUI can affect your driving and criminal record for even longer. If you have been arrested for a DUI, you need the support of a San Leandro DUI Lawyer. That way, you have the greatest chance of avoiding conviction or facing a lesser charge.

Navigating the criminal justice system is complicated and stressful. You need to ensure your rights are protected, and a defense attorney can help with that. An attorney can ensure that proper protocol was followed when you were pulled over and arrested and determine what defense will most effectively safeguard your future.

Defending Against a DUI With an Experienced San Leandro Attorney

The Law Office of Louis J. Goodman has worked for more than 30 years defending individuals against criminal charges. We understand how stressful this is, and we want to provide you with the legal support you need. Often, pleading guilty to a lesser sentence is an effective way to protect your immediate and long-term future. Every DUI case is unique, and we investigate your arrest and the charges against you to determine the ideal method of defense.

DUI Laws in San Leandro

A DUI can be charged when someone is operating their vehicle while under the influence of drugs or alcohol. There are two ways you can be arrested and charged with a DUI:

1. You have a blood alcohol concentration (BAC) over the legal limit, which is typically .08% or higher
2. You are driving visibly impaired from the influence of drugs or alcohol

This second requirement means your BAC may be under the legal limit, but you can still be arrested and charged with a DUI. The prosecution must simply prove that your driving was impacted by the substance you were using. This can be a recreational drug, alcohol, and even a prescription drug.

The legal limit can be different depending on your age or occupation. Commercial drivers have a limit of .04%, and drivers under the age of 21 have a legal limit of .01%. If you are on DUI probation when you are pulled over for being under the influence, the legal limit is .04%.

Most DUI charges for first-time offenders are misdemeanors. However, there are situations where even a first-time offense is a felony. DUIs are charged based on the level of impairment or BAC from a chemical test and if you have prior convictions for DUI. A DUI is considered a prior if it was in the last 10 years. DUI charges are also more severe if you caused an accident and someone was injured or killed as a result.

Consequences of a DUI Arrest and Conviction

If you are arrested for a DUI, your license may be immediately suspended. If you are convicted, you may face potential jail time, months of license suspension, and fines. More severe circumstances will result in more significant penalties.

• Fines and Other Financial Penalties

A DUI conviction results in fines, as well as other court costs and attorney fees. For a first-time offense with no aggravating factors, fines may range from $390 to $1,000. For aggravated and felony charges, you could face up to $5,000 in fines.

Additionally, you are responsible for the costs of installing an ignition interlock device (IID), substance tests, and DUI school. In order to reinstate your license or apply for a restricted license after conviction, you must secure SR-22 insurance coverage for any cars that you regularly drive or that are under your name. This insurance is typically required for three years following conviction, which can be incredibly expensive.

• License Suspension

When you are initially arrested for a DUI, you must request a hearing at the DMV (Department of Motor Vehicles) within 10 days. If you do not do this, your license will be automatically suspended, and you must take steps to reinstate it. The DMV hearing will determine whether or not your license is suspended and whether you qualify for a restricted license. An attorney is crucial at this hearing to protect your ability to drive.

The DMV hearing is not connected to the criminal charges. If you are convicted of a DUI, you could face license suspension for a minimum of four months. A second offense results in up to two years of license suspension, and a third offense results in up to three years. While you may be able to obtain a restricted license during this time, this is not always guaranteed.

• Ignition Interlock Device

In some DUI cases, you are required to have an IID installed in your vehicle once you are able to drive under a reinstated or restricted license. An IID requires a passed breathalyzer test before the car can be started, and it may then require additional tests while the car is in use. An IID requirement may be anywhere from six months to three years.

• DUI School

DUI conviction often requires court-sanctioned courses at a DUI educational program. A first offense may require three to nine months of courses. A third offense may require up to 30 months of the course.

• Probation

Probation may be in addition to time in jail, or it may be an alternate sentence to replace imprisonment. A DUI results in summary probation and typically lasts for three to five years. Committing any crimes or driving with any measurable level of drugs or alcohol may be considered breaking probation. Failing to follow probation can result in additional penalties.

• Jail Time

Jail time is not common for first-time DUI offenders, but it is possible. A first-time DUI can result in up to six months in jail, but there is no mandatory minimum sentence. If there are aggravating factors in your arrest, jail time is more likely. A second offense results in up to a year in jail and has a mandatory minimum sentence of 96 hours. A third offense has a mandatory minimum sentence of 120 days up to a year.

A Reliable DUI Attorney at the Law Office of Louis J. Goodman

A DUI conviction can affect several of your future opportunities. You need an attorney who understands this impact, as well as knows how to protect your ability to drive and limit the criminal consequences you face. Contact the Law Office of Louis J. Goodman today.