Driving Under the Influence of Alcohol (DUI) or Drugs (DUID)criminallaw

 

E. Wicker Law Office provides aggressive and effective defense for all types of DUI and DUID cases, both in court and the DMV. After reviewing all of the evidence and conducting an investigation, you are fully informed of the charges and the consequences of conviction. All options are explained in detail so that you can choose the best defense and the best course of action for your particular case.

Driving under the influence of alcohol (DUI): Legal defense

The legal defense team can determine if your rights were violated in any way and if your test results could have been tainted. Unlike an alcohol-related DUI where you are cannot drive with a blood alcohol concentration “BAC” of 0.08% or greater, there is no “magic number” in a DUID case that defines excessive blood toxicity. As a result, a DUID case presents different challenges. Just because you had drugs in your system does not necessarily mean that you were under their influence. It may be that the arresting officer confused an innocent physical condition such as anxiety or exhaustion with being under the influence of a drug. Another defense is that the sample taken for testing was tainted by improper handling or storage.

Driving under the influence of marijuana legal defense

With regard to marijuana, measurable levels of THC often remain in the system long after the effects have worn off. As an member of the NORML Legal Committee, E. Wicker is part of a national network of attorneys with access to recent studies on how marijuana affects driving skills and the unreliability of THC levels alone as an indicator of impairment.

With regard to any DUI case it is imperative to act quickly to protect your rights. There are two separate legal proceedings resulting from a DUI arrest. One is a criminal court proceeding that may result in jail time, probation and a variety of other requirements and fines. The other proceeding is an administrative case before the DMV. At the time of arrest for DUI, the arresting officer will confiscate your driver’s license and provide you with a pink “Notice of Suspension”. This notice acts as a temporary license for 30 days. More importantly, this document also gives you notice that you are entitled to a DMV hearing to prevent this suspension, but only if you request it within ten (10) days of the arrest. If you do not contact the DMV within this ten (10) day window, you will forever lose the right to be heard. If you do not request a hearing, your license will automatically be suspended at the end of the 30 days.

E. Wicker Law Office provides full legal representation for any court case and the administrative hearing before the DMV as a result of a DUI/DUID case. Potential Penalties for Drunk Driving or DUID in California Sentencing for conviction of DUI depends upon a number of things, such as prior DUI charges, your BAC level, and if there were any aggravating factors involved in the incident. The basic penalties for DUI are as follows:

First DUI/DUID – Misdemeanor

Fines between approximately $400 and $1,000

Incarceration in county jail for up to 6 months

Driver’s license suspension for 6 to 10 months

Summary probation for 3 to 5 years

Mandatory completion of a 3 to 9 month alcohol education program

Second DUI/DUID – Misdemeanor

Fines between approximately $400 and $1,000

Incarceration in county jail for a minimum of 96 hours to a maximum of 1 year

Driver’s license suspension for 2 years

Summary probation for 3 to 5 years

Mandatory completion of a 18 to 30 month alcohol education program

Third DUI/DUID – Misdemeanor

Fines between approximately $400 and $1,000

Incarceration in county jail for a minimum of 120 days to a maximum of 1 year

Driver’s license revocation for 3 years

Summary probation for 3 to 5 years

Mandatory completion of a 30 month alcohol education program

DMV designation as a habitual traffic offender (HTO)

Four or More DUI/DUIDs – Felony

Fines between approximately $400 and $1,000

Incarceration in state prison for 16 months to 3 years

Driver’s license revocation for 4 years

DMV designation as a habitual traffic offender (HTO)

Misdemeanor DUI/DUID with Injury

Fines between approximately $400 and $5,000

Incarceration in county jail for a minimum of 5 days to a maximum of 1 year

Driver’s license suspension for 1 to 3 years

Summary probation for 3 to 5 years

Mandatory completion of a 3 to 30 month alcohol education program

Restitution to all injured victims

Felony DUI/DUID with Injury

Fines between approximately $1,000 and $5,000

Incarceration in state prison for 16 months to 10 years, with additional time for the number of

victims and the extent of their injuries

Mandatory completion of an 18 to 30 month alcohol education program

DMV designation as a HTO for 3 years

Restitution to all injured victims

Get aggressive, experienced legal defense. Call E Wicker Law Offices at 760 735-6100