DUI Lawyer in Fairfield

ARRESTED FOR A DUI? AVOID JAIL TIME & LICENSE SUSPENSION

Getting a DUI is a serious matter which should be discussed with an experienced DUI attorney at the The Choyce Law Firm. There are two main laws that cover underage DUIs in California:

Vehicle Code 23136 VC

This is known as the “zero tolerance” law for underage DUI. This law states that anyone under the age of 21 that drives with a blood alcohol content (BAC) of 0.01% or greater is in violation of the law and may face a one-year suspension of their driver’s license. This law is not only limited to alcoholic beverages and includes any sources that include alcohol, including medications. In order to determine the presence of very low amounts of alcohol in the underage driver’s blood, law officers use a preliminary alcohol screening (PAS) test. This can be conducted through a standard breathalyzer or similar device and works by measuring the alcohol on a person’s breath and converts it to the blood content.

Though breaking this law is not a crime with severe punishments, it is still advantageous to hire a skilled DUI Lawyer in Fairfield. A DUI attorney can help an individual in violation of this law to challenge the license suspension, resulting in a cancellation of the suspension or in the procurement of a special “restricted hardship” license, which permits the individual to drive to work, school, or for family affairs.

Vehicle Code 23140 VC

This is an additional law regarding drivers under the age of 21, often referred to as the “underage DUI” law, and outlines additional consequences if an underage driver is caught with a BAC of 0.05% or greater. A violation of this law may result in fines up to $100, a one-year suspension of the driver’s license, as well as 3 or more months of mandatory alcohol education school (for those 18 and over).

When an individual is arrested for an underage DUI after failing a roadside breathalyzer, the blood alcohol content is typically confirmed by a chemical test. This is done by an additional breath test on a desktop machine at the police station, or through a blood test.

Vehicle Code 23224 VC

Though technically not a DUI, VC23224 prohibits possession of alcohol in a vehicle by a person younger than 21 years of age. Violation of this law is considered a misdemeanor and may result in a one-year suspension of the driver’s license, a fine of up to $1000, and vehicle impoundment for up to 30 days.

Drivers under 21 years of age are not permitted to have alcohol in the car unless the following conditions are met:

• The container is full, sealed, and unopened
• The driver is either accompanied by a parent or other adult; disposing of the alcohol under direction from a parent or other adult; or traveling with it for work purposes

Standard DUI Offense

In addition to violating the above laws, which only apply to drivers under 21, an underage driver may also be charged with an adult (standard) DUI offense when applicable.

Any individual may be charged with a standard adult DUI (VC23152b) if they are operating a motor vehicle with a BAC of 0.08% or higher or if an officer observes impaired driving ability that can be attributed to alcohol or drugs. Violation of this law may result in the suspension of the driver’s license, 3 to 5 years of misdemeanor probation, a fine of $390 to $1000, mandatory alcohol education school, and up to 6 months in county jail. If you have been charged with a DUI, make sure you contact a DUI Lawyer in Fairfield immediately for legal representation.

Fighting the DUI Charges

It is very important to seek legal advice from an experienced DUI Lawyer in Fairfield when charged with DUI offenses while underage. An experienced attorney may be able to successfully defend a client from prosecution. The following list includes some of the most common DUI and underage DUI defenses:

• The charged individual was not driving
• The DUI testing equipment was in error
• The individual conducting the DUI chemical test did not follow proper procedure
• The charged individual had BAC results that are within the margin of error of an acceptable BAC level
• The driver’s alcohol was still being processed in the body at the time of arrest, resulting in a higher BAC at the time of testing than what was actually in the individual’s blood when they were driving
• The BAC test result was due to alcohol in the driver’s mouth from another source, such as mouthwash
• A medical condition such as acid reflux contributed to the driver’s BAC results
• A high protein, low carbohydrate diet contributed to the driver’s BAC results
• The arresting officer conducted an illegal traffic stop, resulting in the driver’s arrest
• The arrest was unlawful
• The arresting officer failed to fully advise the driver of his or her rights

Speak to Our DUI Lawyer in Fairfield

Have Been Arrested & Are Accused of a DUI/DWI? The Choyce Law Firm knows how a DUI or DWI can alter your life and reap negative repercussions. That’s why our experienced DUI defense attorneys fight hard to get your charges dismissed or reduced. Give us a call at (707) 422-1202 with a DUI Lawyer in Fairfield today.
 
The Choyce Law Firm
1500 Webster St, Suite B
Fairfield, CA 94533
Phone: (707) 422-1202

DUI Lawyer in Vacaville, CA Solano County

Being Convicted of a DUI in Vacaville, CA is Serious & Costly

Driving under the influence (DUI) of drugs or alcohol in the Vacaville, CA is a criminal act prosecuted through the criminal justice system, not handled through the DMV like minor traffic infractions. If you are charged with a DUI, choose a Vacaville DUI lawyer who has specific DUI defense experience to receive the most vigorous defense.

A DUI can be charged if your “blood alcohol content” (BAC) is 0.08% or higher. The “BAC” is a measurement of how much ethanol as opposed to blood is found within the bloodstream by volume. Drivers under 21 have a legal limit of 0.01% BAC, while commercial driver’s license holders have a limit of 0.04% BAC. To determine BAC, a law enforcement may test a driver’s breath, urine, or blood.

If a driver doesn’t meet the legal limit to be charged with a DUI, he can still be charged with reckless driving when appropriate. Moreover, the Solano County District Attorney will charge a high blood alcohol allegation if a defendant’s blood alcohol level is .15 percent or greater; this can carry increased penalties such as a longer DUI program and a longer jail sentence.

FIRST-TIME DUI CHARGE

Even if you are facing a first-time DUI charge, the criminal penalties in California can be onerous. It is believed that the harshness of these penalties has led to lower arrest rates for misdemeanor DUIs. The criminal procedure is separate and apart from the DMV’s administrative procedure for a DUI. If you are arrested with a DUI, you should hire experienced Vacaville DUI attorney to help you fight the charges, which can result in harsh consequences:

• In criminal court, a convicted driver that has no prior DUI convictions can still receive a 30-day to 10-month suspension of driving privileges.
• First offenders convicted of misdemeanor DUIs who have not injured anyone can receive fines that run from $390-$1,000.
• Jail time for a first offender can range from 4 days up to 6 months.
• Over ¾ of these enter a first-offender DUI program.

SECOND & THIRD DUI

Second and third offenders who are convicted of misdemeanor DUIs may face even greater penalties.

• The driver’s license of a second offender can be revoked for one to two years.
• Jail time ranges from 90 days to one year.
• Fines again start at $390 and go up to $1000.
• Third-time offenders may be sentenced to 120 days-1 year jail time and fined $390-$1,000.
• They may have to go into 18 or 30-month program.
• Additionally, their license can be revoked for 3 years.
• On January 1, 2012, a new law went into effect that allows a court to order a license revocation for ten years for any individual with three or more DUI convictions in the past ten years.

INJURY AS A RESULT OF A DUI

If a person is injured as a result of a DUI or in the case of felony DUIs, all of these fines and jail times may increase. For example, someone convicted of a felony DUI with an injury may face 16 months to 10 years in prison, and an additional sentence based on how many were injured and how badly, between $1,015 – 5,000 in fines, mandatory treatment in an alcohol or drug program, habitual traffic offender status for three years, and have to pay restitution to the persons injured. On top of these criminal penalties, people who are convicted of a DUI must also deal with court fees and DMV fees and a record that lasts 10 years. If an individual is arrested for a DUI, and he was convicted of one or more DUIs within the last 10 years, he or she is a second or third-time offender.

VACAVILLE DUI LAWYER IS HERE TO HELP

If You Need Help Challenging a DUI Charge in Vacaville, CA contact a DUI Lawyer at The Choyce Law Firm. The penalties for a DUI can be severe. The Choyce Law Firm can help you fight a DUI charge. We have extensive experience handling criminal defense cases, and we have helped many clients get DUI charges dropped or reduced based on faulty tests, improper procedures, unlawfully acquired evidence, and many other reasons. For a confidential consultation, call The Choyce Law Firm at our Fairfield, CA office at (707) 422-1202 today.
 
The Choyce Law Firm
1500 Webster St, Suite B
Fairfield, CA 94533
Phone: (707) 422-1202

FAIRFIELD DUI LAWYERS ON YOUR SIDE

Though the state of California has a reputation for being open to a wide variety of lifestyles, it is quite harsh when it comes to levying jurisprudence on things like driving while intoxicated. The incredibly large and diverse population in the state demands that intoxication infractions be weighed on a set scale. This creates a no-tolerance atmosphere that all drivers should be aware of.

The penalties for a DUI in California are heavily measured by the damages caused by intoxicated driving. This means that lighter penalties are given if a driver causes no harm to others. Penalties for intoxication, however, can be quite severe if intoxication causes an accident where property damage or physical harm to another party occurs.

The penalty for a first-time DUI conviction in California includes financial costs and jail time. Minimum financial payment can total around $2,000 for fines and judicial assessments. Along with these fines, 2-day jail sentences are required. After the jail sentence is served, DUI recipients will need to enroll in an alcohol treatment program, while dealing with a 90-day restriction on their driver’s license privileges.

People who incur a second DUI in California are responsible for several thousands of dollars in penalties, along with a required three-year enrollment in an alcohol treatment program. The penalties also include a two-year restriction on driving privileges, vehicle impounding, and up0 to a one-year jail sentence. The state will also require driver locks on all owned vehicles.

A third DUI in California will elicit penalties for a DUI that virtually eliminate the possibility of being able to drive in the state without assistance. These penalties include maximum financial assessments of more than $18,000, 4 months in jail, 30-month offender education programs, and the court option of forfeiture of owned vehicles.

All of these penalties for a DUI in the state of California are standard in instances where no other parties are involved. If DUIs are given in accident cases, the penalties can be much harsher and include lengthier jail sentences and fines. The California legal system is absolutely intolerant when it comes to driving under the influence of alcohol and controlled substances.

FAIRFIELD DUI DEFENSE ATTORNEY WILL FIGHT YOUR DUI CHARGES

If you are charged with a DUI in California, it is critical that you seek the assistance of an experienced Solano County DUI defense attorney right away. The particular facts and circumstances of your case may warrant the reduction of penalties or a case dismissal. At The Choyce Law Firm, we stand beside you and fight to keep you free and on the road. Contact The Choyce Law Firm for a free consultation now. We will answer all of your questions and tell you what defenses you may have!