Stockton DUI Lawyer

Stockton DUI Attorney

Driving under the influence (DUI) is a serious crime in California, which is why there are strict laws in place to deter drivers from partaking in unsafe driving habits. While we all know DUI is wrong, mistakes still happen, and it’s important to understand your rights if you’re arrested and convicted in California. That’s where a Stockton DUI lawyer can help.

What Is DUI?

In California, driving under the influence (DUI) refers to operating a motor vehicle under the influence of alcohol or other drugs. This includes cough syrup, prescriptions, over-the-counter medications, or any combination of drugs and alcohol that impacts your ability to drive.

It’s important for local California drivers to be safe on the roads at all times, which is why Police Chief Stanley McFadden of the Stockton Police Department takes enforcing DUI laws very seriously. That said, Stockton residents must be made aware that sobriety checkpoints and frequent patrols for DUI behaviors are common throughout the area.

What Is the Legal Blood Alcohol Concentration (BAC) Limit in Stockton?

When you consume alcohol, trace amounts enter your bloodstream, which is why law enforcement measures a driver’s BAC levels if they suspect they are drunk. In California, it is illegal for you to drive if your BAC is 0.08% or higher if you are at least 21, 0.04% if you are driving a vehicle that requires a commercial driver’s license, or 0.01% or higher if you are less than 21 or are on probation from a prior DUI.

What Happens if I’m Arrested for DUI in Stockton?

If you’re arrested for DUI with a valid California driver’s license and are 21 years old or over, it’s important to understand both the legal and administrative steps that follow. You must relinquish your driver’s license to the arresting officer, who then sends it to the Department of Motor Vehicles (DMV) for a mandatory four-month suspension.

You can expect to receive an Order of Suspension or Revocation from law enforcement right away or from the DMV in the mail. This comes with a temporary license that allows you to drive for the next 30 days. You are able to request a hearing within 10 days of being issued your temporary license to try to get your license reinstated before the suspension officially takes effect.

Once you’re placed under arrest, you can expect law enforcement to book you at the San Joaquin County Jail or a local police station. Typically, drunk drivers are released once they sober up unless there are other aggravating factors, such as an accident or injury. If that’s the case, you may have to post bail.

At this point, it can be helpful to meet with a Stockton DUI lawyer to represent you as the criminal court process begins. The first step is arraignment, which is where you officially hear your charges and enter a plea of guilty, not guilty, or no contest.

Before you go to trial, your Stockton DUI lawyer can negotiate on your behalf with the prosecutor, challenge the evidence presented against you, or begin preparing for trial. Most misdemeanor DUI cases end with a plea deal, but you may have to go to trial if you can’t reach a deal out of court.

If you’re convicted, you can expect to have your driver’s license suspended for either six or 10 months, depending on the details of your case. This suspension overlaps with the four-month suspension imposed upon your arrest. Typically, longer suspensions are given in cases with higher BACs or other aggravating factors. Other potential penalties for a first-time DUI in California include:

• Completion of a DUI program through the San Joaquin Safety Council.
• Fines and court fees.
• Installation of an ignition interlock device (IID).
• License suspension.
• Probation or jail time.
• SR-22 high-risk insurance for three years.

FAQs

Q: What Is Admin Per Se in California?

A: Admin per se (APS) is an administrative license suspension program that was put into effect in 1990 to deter people from driving under the influence. Under this program, the DMV is required to either suspend or revoke a person’s driver’s license if they are arrested for DUI and take a chemical test — blood or breath — and are found over the legal limit or if they refuse to take a chemical test in the first place.

Q: How Long Can I Expect My License to Be Suspended or Revoked After a DUI Conviction in Stockton?

A: Based on APS regulations, your license can be suspended for four months if this is your first DUI offense and you are 21 years or older. If you have received two or more DUI offenses within 10 years, your license can be suspended for one year. If you’re officially convicted, the Department of Motor Vehicles (DMV) can suspend your driving privileges for six or 10 months, depending on your BAC at the time of the arrest and other factors.

Q: What Is Felony DUI in California?

A: Most DUI cases in California are treated as misdemeanor offenses unless other aggravating factors are present. Felony DUI offenses typically occur if the driver has a prior felony DUI on their record, has committed four DUI offenses within 10 years, has a minor in the vehicle, or causes a severe injury or death. In some cases, a dangerously high BAC can also result in a felony DUI instead of a misdemeanor.

Q: Can I Get a Restricted License After a DUI in California?

A: Yes, you are able to apply for a restricted license that allows you to drive to and from work and your court-mandated DUI program. This restriction lasts for 12 months and until you meet all the requirements for license reinstatement. Additionally, you may apply for a restricted license that includes installing an IID in your vehicle. This allows you to drive anywhere as long as you adhere to the IID’s breathalyzer tests.

Reach Out to a Stockton DUI Lawyer to Discuss Your Case and Protect Your Right

Being arrested for DUI in California can feel overwhelming and hopeless, especially if you’ve never had a run-in with the law. With a Stockton DUI lawyer on your side, you can better understand your options in the wake of an arrest and get back on your feet as soon as possible.

The Ward Firm has been representing Stockton residents and helping them obtain positive outcomes for their cases. Reach out to our office to set up a meeting with our skilled attorneys today.