Pomona DUI Lawyer

Pomona DUI Attorney

Getting arrested for DUI (driving under the influence) in Pomona can be one of the most frightening moments in any person’s life. There are severe legal penalties for a DUI conviction. Furthermore, you can face other long-term consequences, such as driving privilege suspension, reputational harm, and difficulty finding employment or housing. Whether this is your first DUI charge or you’ve been convicted of DUI in the past, you should consult a Pomona DUI lawyer.

Why Choose Us?

At Gibbons & Gibbons, we have over 60 years of experience in handling these types of cases. Our DUI lawyers have defended many people charged with DUI, and we strive to get our clients the greatest possible result.

We know California’s DUI laws, legal processes, and how to give each client the attention they deserve. If you’re being charged with DUI, don’t hesitate to reach out to us. Our DUI defense law firm can represent you throughout the legal process and assert your rights at every turn.

DUI Charges in California

DUI is one of the most prolific crimes in California, and those who are convicted are punished severely. In California, if you are driving while possessing a blood alcohol level (BAC) of 0.08% or more, you can be arrested for DUI. However, you can also be charged with DUI when you’re under the influence of drugs, whether prescription, over-the-counter, or illegal, or some combination of these and alcohol.

Penalties for DUI in California

A DUI conviction can come with penalties, the severity of which depends on whether this is your first offense, you caused an accident, or the offense involved aggravating circumstances, like a high BAC. California DUI punishments are very severe, and the penalties increase for each subsequent offense. These may range from fines and mandatory classes to prison time, depending on the gravity of the crime and any aggravating factors.

Generally, the penalties for DUI in California are as follows:

• First offense. For a first offense DUI, an individual can face fines, a driver’s license suspension, participation in a DUI program, and possible time in jail.
• Second offense. To be charged with a second offense DUI, the offender has had one other conviction within the last ten years. Penalties for a second offense include increased fines, a longer license suspension, more time in jail, and the installation of an ignition interlock device in their vehicle.
• Third (or subsequent) offense. Subsequent offenses carry the harshest penalties. Fines are highest here, and incarceration terms are longer, depending on the circumstances. Offenders also face lengthy license suspensions, ignition interlock device installation, and participation in DUI programs.

An interlock ignition device prevents a person’s vehicle from starting unless they take a breath test to prove that their BAC is below the legal limit. If it is above the limit, the car will not start. This installation is often done at the offender’s expense.

Aggravating Factors

If a DUI incident involves aggravating factors, this can increase the severity of the penalties an offender suffers. Aggravating factors are circumstances that make the situation more serious. These can result in felony charges, higher fines, and longer prison sentences. Some aggravating factors include:

• A high BAC level. If your BAC is significantly over the legal limit (twice as much or more), this can result in harsher penalties, such as longer license suspensions and/or participation in mandatory DUI education classes.
• Causing a serious accident. If you are driving under the influence of drugs and/or alcohol, you may cause a serious accident that results in the injury or death of another person. This could lead to felony charges. You may also face other penalties, such as paying restitution to the victim and/or their surviving family.
• Having minors in the car. If you were driving under the influence with minors in the car, especially young children, this could result in harsher punishments.

What to Do If You’re Charged With a DUI

​​Being charged with a DUI in Pomona, CA can be stressful, but getting the right information at the right time can make all the difference for the result of your case. First, do not panic, and comply with the police during your arrest. Arguments or evasions will result in additional charges and increase your chances of being charged.

After being released, make sure to read everything they give you, from the citation to details on any impending court date or DMV hearing. The time to take action is limited, as you have only a few days to request a hearing at the DMV to dispute the automatic suspension of your driver’s license.

Second, don’t discuss your situation with anyone other than your attorney. Any comment that you say to friends and family, or on social media, could be used against you in court. Start writing down everything you can recall about the arrest, including what happened during the traffic stop, how the officer acted, and whether they administered sobriety tests. These details can prove essential to your defense.

Most importantly, talk to an experienced DUI defense lawyer as soon as possible. A seasoned attorney can review the evidence, determine whether there are any flaws in the prosecution’s case, and give you advice on what you should do.

They can also defend you at your DMV hearing, negotiate with the prosecutors, and fight for your freedom in court. You can assert your rights and negotiate a positive outcome if you act quickly and hire professional representation.

How to Beat a DUI Charge in California

Though there are no guarantees when challenging a DUI conviction, there are a few effective tactics that may reduce your charges or even eliminate them altogether. One of the most critical aspects of a DUI prosecution is proving that you were driving the car. If your attorney shows that you were not driving, that may ruin the prosecution’s case. This defense is most useful when there are gaps in the evidence that you drove the car at the time of the alleged crime.

The prosecution needs to show, too, that you were under the influence. If your BAC is below 0.05%, California assumes you aren’t drunk. Even with a BAC below the legal level of 0.08%, this can be used in your favor, particularly if the crime was drug-related, and evidence of intoxication is less obvious.

Incorrect testing protocols provide a third avenue of defense. The equipment used for blood alcohol testing can result in false BAC readings due to incorrect calibration, contamination, or user error. Breathalyzers are also vulnerable to flaws, as residual “mouth alcohol” from mouthwash, medication, or belching may distort results as well. Field sobriety tests, often taken in adverse circumstances, may give inaccurate results based on environmental or medical conditions.

Moreover, “rising BAC levels” can be used as an argument when tests are delayed. If absorption continued after you got out of the car, then you might have crossed the legal limit only later. Deprivations of your constitutional rights, such as improper Miranda warnings or a warrantless traffic stop, can also disqualify essential evidence. If you have an experienced DUI lawyer, they can properly research your case and find the right defense to counter the prosecution’s arguments.

FAQs

How Much Does a California DUI Lawyer Cost?

DUI attorney costs in California can vary a lot, depending on several factors, such as the case details, the attorney’s experience, and the severity of the charges. Prices vary from relatively low for simple charges to high for complicated or felony DUI cases. Prices vary, but a skilled attorney can be a worthwhile investment to defend your rights and minimize the punishment of a DUI conviction.

Is It Worth Getting a Lawyer for a DUI in California?

Yes, it is certainly worth getting a lawyer for a DUI in California. A knowledgeable lawyer can examine the evidence, contest procedural faults, and negotiate plea bargains with prosecutors to minimize or eliminate charges. They can even represent you in DMV hearings to defend your driving rights. The expense of an attorney can be justified by the possibility of avoiding fines, jail time, and other long-term repercussions.

Can a First-Time DUI Be Dismissed in California?

It’s true that a California court can dismiss a first-time DUI charge, but whether it will happen depends on the facts of the case. An attorney may contest the evidence (due to inaccurate breathalyzer results or improper police action) or plead to lesser charges. Though not a guarantee, having an experienced lawyer can boost your chances of winning your case.

Can You Beat a DUI in California?

Yes, you can defeat a DUI charge in California with a great defense. You could use tactics such as arguing that you weren’t behind the wheel, asserting test irregularities, or offering medical testimony about test results. Success depends on the case, the evidence, and how skilled your lawyer is. The most crucial part of a successful DUI defense is hiring an experienced lawyer.

Contact Gibbons & Gibbons

If you are facing a DUI charge, you do not have to handle the process alone. An attorney at Gibbons & Gibbons can defend you. Contact us today.