Driving Under the Influence- Rancho Cucamonga DUI
Our Firm practices extensively in the
Rancho Cucamonga Courthouse, and we are very familiar with the
JUDGES, PROSECUTORS, AND POLICIES.
Our office is in Claremont, and
we do not have a dozen "satellite" offices all over California. Call
us first- ALLEN & EHRLE, Lawyers: 909 482-1274
CAUTION! YOU (OR YOUR ATTORNEY) MUST
CONTACT DMV WITHIN 10 DAYS OF YOUR ARREST OR YOU LOSE YOUR RIGHT TO
CHALLENGE DMV'S SUSPENSION OF YOUR LICENSE.
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DUI is a serious
criminal charge, and we recommend that no one represent themselves
in such a matter.
Often, the DUI
defendant need never appear in court if represented by an
experienced Criminal Attorney; this includes out of State and
International drivers.
Please see our
DUI
page for Trial results in DUI cases. Even if you decide against
retaining our services for your drunk driving matter, Please
seek legal counsel experienced in DUI cases for advice.
Under California DUI
law, a person is presumed to be under the influence of alcohol for
driving a motor vehicle if their blood alcohol test shows a level of
.08% or greater. This blood alcohol level for most people is not an
indication they were drunk. Whether or not you personally are
impaired at this level is not material to proving the charge.
Proving a driving
under the influence case, on the surface, is not a difficult one for
the prosecuting attorney. A prosecuting attorney must prove (1) you
were driving a motor vehicle, and (2) your blood alcohol level was
at .08% or greater, or, (3) that you were impaired.
Allen & Ehrle
has represented hundreds of clients charged with driving under the
influence of alcohol and/or drugs in Southern California and the
Inland Empire. We are familiar with the court systems, judges,
prosecutors and policies throughout the area.
PENALTIES
A conviction of DUI
for a first offender carries the possibility of up to six (6)
months in jail, a $1,000 fine, or both.
Additionally, probation is usually required, as well as an alcohol
education program which is required as a condition of probation. A
license restriction may be imposed by the Court, and your car can be
ordered impounded. Your insurance rates will increase dramatically,
or you may be "cancelled". If you drive for a living, you may lose
your job.
For second and
third offenders, the situation is much more serious. Depending
upon the county in which you are arrested, convicted second
offenders can expect to spend time in jail. Often the jail sentence
can be negotiated to be on week-ends to allow a person to continue
their job. Alternatives to actual confinement, such as working on
public works projects, or the "house arrest" program, are possible.
The Department of Motor Vehicles will automatically suspend your
license if they have evidence you were driving under the influence
of alcohol. No doubt the police have taken your license and given
you a DMV form that acts as a temporary license and "explains" the
hearing process. For the first offender, this mandatory DMV
suspension is 120 days, but can be reduced by entering an Alcohol
Education Program.
If you refused a chemical test, or have been previously convicted of
driving under the influence within the past seven (7) years, the DMV
will suspend your license for at least one (1) year. The DMV
proceeding is separate and apart from the Court proceeding. Our
office provides complete representation at all DMV proceedings and
will aggressively seek to protect your driver's license. Please see
our DMV page
for more
detailed information.
WHAT WE DO
Every DUI case is
unique, and each has its own facts. In order to thoroughly defend
each of our Clients, in every case we:
-
Carefully review
police reports for errors, omissions and inaccuracies;
-
Examine all "search
and seizure" issues- Was the stop of your car lawful? Was the
detention lawful? Were you detained too long before arrest? Was
there probable cause to arrest you?
-
Determine if the
chemical test was properly administered in compliance with
California law;
-
Subpoena the
maintenance and calibration records of breath test machines used
in your case;
-
Subpoena the
officer's training records to ensure he or she has been properly
trained in the use of the breath test machine;
-
Obtain an
independent Lab test of any blood sample to be sure the test
result provided by the police is accurate, that the sample is
properly preserved, and that it has not been contaminated;
-
Fully advise you as
to all issues listed above, and determine if a trial or negotiated
settlement makes most sense in your case.
As you are no doubt
aware, public opinion has turned against persons charged with DUI
over the past years. Prosecutors are under pressure to "get tough"
with DUI defendants, but juries will acquit DUI defendants
under proper circumstances.
This Web page is in no way meant to give legal advice or substitute
for your consultation with me or another Attorney. It is to help you
understand the general implications of the offense in which you are
charged, and to explain that the Court proceeding is separate and
apart from the DMV proceeding.
Please consult an
experienced Lawyer for your DUI case. Do NOT plead guilty without
good legal advice and a complete investigation of your case.
We are experienced and aggressive criminal defense Lawyers.
Our Attorneys and investigators have many years’ experience
representing people accused of DUI, DWI, Drunk Driving
offences. We have a high success rate of dismissal, acquittal or
reduction of Drunk Driving or Driving while intoxicated charges in
Adelanto, Apple Valley, Banning, Barstow, Beaumont, Big Bear
Lake, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella,
Corona, Chino, Chino Hills, Claremont, Colton, Crestline, Desert Hot
Springs, Fontana, Grand Terrace, Hemet, Hesperia, California,
Highland, Idyllwild, Indian Wells, Indio, Inland Empire, Joshua
Tree, Lake Arrowhead, Loma Linda, Lucerne Valley, Montclair,
Needles, Ontario, Palm Springs, Rancho Cucamonga, Redlands, Rialto,
Running Springs, San Bernardino, Twenty Nine Palms, Upland,
Victorville, Wrightwood, Yermo, Yucaipa, Yucca Valley, Pomona, San
Bernardino County.
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