DUI Lawyer Chico

Act Quickly! Your License Can Be Suspended After a DUI Arrest.

The Department of Motor Vehicles can suspend your license through a process that's completely separate from the case in criminal court. If you don’t act within ten days of your DUI arrest, the suspension automatically starts 30 days after your arrest.

Bob will handle the DMV proceedings from start to finish. We contact DMV immediately after a client hires us to request a hearing, where a DMV employee decides whether you were driving with a blood alcohol content over .08%. In the meantime, we request a “stay” so you can continue driving until DMV makes its decision. If DMV rules against you, we can help with options to get you driving again as soon as possible, sometimes the same day.

Understanding the BAC (Blood Alcohol Content) Limit in California

It’s illegal to drive with blood alcohol content over .08% in California. If you’re under 21 or on DUI probation, the “zero tolerance” policy applies and you cannot drive with ANY measurable amount of alcohol in your system (.01% or higher).

Even if your blood alcohol was under the limit, you could still be charged with DUI if the police and District Attorney believe your alcohol consumption impaired your ability to drive safely.

If your blood alcohol content was .15% or higher, you could face additional jail time, a longer DUI school, additional treatment or self-help programs, and mandatory installation of an ignition interlock device (IID), which is a breath tester that won’t let your car start if it detects alcohol.

Additionally, you can also be charged with a DUI for driving while under the influence of any drug, or a combination of alcohol and drugs.

Bob Handles Various DUI Offenses Including:

• First, second- and third-offense misdemeanor DUI
• Fourth-offense felony DUI
• Underage DUI
• Prescription drug DUI
• DUI causing injury
• DUI causing death
• Vehicular manslaughter
• Gross vehicular manslaughter

After a DUI arrest, you may feel hopeless, as if there is nothing you can do about it. That is the wrong attitude to take. A thorough investigation into any DUI charge may reveal flaws and inconsistencies that can challenge the prosecution’s case against you. Our skilled Chico DUI defense attorney can assess your situation and craft an effective defense to protect your rights and your freedom.

Reach out to Robert L. Marshall, Attorney at Law for a free consultation. Contact us at (530) 212-7766 to schedule a consultation with a DUI attorney in Chico.

DUI Penalties in California: What You Need to Know

Our criminal defense attorney is well-versed in all of the legal strategies that can be used to fight a DUI conviction. We can carefully scrutinize what actually occurred just before, during, and after your arrest. From there, we can analyze those issues and ensure that you receive the excellent legal representation that has earned us a strong reputation in our community.

DUI offenses in California can carry strict penalties that vary depending on the specific circumstances, such as prior offenses and BAC level at the time of arrest. These penalties can significantly impact various aspects of your life, making professional legal representation essential for navigating this complex area of law. Enhanced penalties may apply during holidays or when minors are present in the vehicle, underscoring the importance of a nuanced defense strategy. Understanding potential defense angles, such as challenging the accuracy of breathalyzer tests or the legality of the traffic stop, can provide essential avenues for reducing penalties or charges.

If convicted, you could face penalties such as:

• License suspension or revocation
  • 6 months for a first offense
  • 2 years for a second offense
  • 3 years for a third offense
  • 4 years for a fourth offense
• Jail or prison time
  • Up to six months for a 1st offense
  • Minimum ten days, up to one year, for a second offense
  • Minimum 120 days, up to one year, for a third offense
  • Minimum 180 days, up to three years, for a fourth offense
• Heavy fines
  • Ranging from $2,000-18,000 depending on the offense
• Probation
  • Ranging from 3-5 years
• DUI school
  • May include alcohol education, assessment and treatment.
• Increased auto insurance premiums
  • Will vary based on circumstances but may increase by up to 143% or more
• Possible vehicle confiscation
  • May be impounded for up to 30 days for a 1st offense
  • Will be impounded for 30-90 days for a repeat offender
• Installation and maintenance of an ignition interlock device
  • Mandatory for a second offense, but may be imposed for a first offense with high blood alcohol.

Duration of a DUI on Your Record in California

A DUI will stay on your criminal record for the rest of your life unless you can get it expunged. DUIs remain on your driving record with the Department of Motor Vehicles (DMV) for ten years. The ten-year-clock begins ticking the day of your arrest. After the ten years have expired, the DUI will no longer be held against you on your driving record.

It's important to understand that while a DUI may not impact your DMV records after ten years, it may still affect other areas of your life, such as employment opportunities or background checks. Legal options like expungement can help reduce the long-term impact of a conviction on your professional and personal life. However, expungement does not erase your DUI from all records. Law enforcement and some employers may still access your DUI history. This underscores the importance of exploring all available legal avenues to manage and mitigate the repercussions of a DUI conviction effectively.

Now, let’s say you get another DUI within ten years of the first. Your penalties will increase because you have a “prior DUI” on your record. After ten years, the DUI will no longer be held against you and can’t be used to increase the punishment for the current offense, and the latest DUI would be treated as a first offense. Even so, your first DUI doesn’t actually disappear from your record completely. Law enforcement and employers will still be able to view the record and some prosecutors will treat you more harshly, even though the prior DUI has timed out.

Your DUI Situation is Manageable with the Right Defense

Police officers can make mistakes, breathalyzers can malfunction, blood samples can be contaminated, and medical conditions can create false BAC readings. There are countless issues that could invalidate your arrest. Our Chico DUI defense lawyer can advocate on your behalf through a detailed investigation and application of California law.

Each DUI case presents unique challenges and opportunities for defense, making personalized legal representation essential. A comprehensive defense strategy examines all aspects of the arrest, including the legality of the traffic stop and field testing procedures. Working closely with knowledgeable professionals like expert witnesses and investigators can further strengthen your defense. Reducing or dismissing charges often depends on uncovering procedural mistakes or demonstrating inconsistencies in evidence. With the right legal approach, you can work towards minimizing the potential impact of DUI charges and protecting your future.

Local Driving Conditions & DUI in Chico

Chico's unique geography and traffic patterns can significantly impact DUI cases. Known for its vibrant community and popular college, Chico sees a considerable amount of vehicle and pedestrian traffic, especially near areas like Chico State University. Local roads such as Highway 99 and East Avenue are frequently monitored for traffic violations, including DUIs. Understanding these local driving conditions is vital for a DUI lawyer in Chico when crafting a defense strategy, as factors such as road signage, traffic congestion, and pedestrian activity can play a crucial role in these cases.

Additionally, events such as local festivals and university gatherings can lead to increased law enforcement presence and subsequent DUI checks. Being aware of these conditions helps in addressing specific circumstances of an arrest. A detailed evaluation of the local scene at the time of the arrest, including weather conditions and special events, can considerably strengthen a legal defense. Familiarity with local courts and DUI handling in Butte County further aids in developing a robust defense tailored to the area's particularities.

Avoiding Common DUI Mistakes in Chico

Facing a DUI charge in Chico requires strategic thinking to avoid common pitfalls that could exacerbate legal consequences. One of the critical mistakes is failing to request a DMV hearing promptly after an arrest, which could lead to automatic license suspension. Consulting a legal professional immediately can help navigate this and ensure all timelines are observed. Providing inconsistent statements to law enforcement or during court proceedings is another common error. For this reason, it is wise to consult with a DUI defense attorney who can help maintain consistency and integrity in all communications during the legal process.

Equally important is understanding the penalties and mitigation strategies. Engaging in community service or enrolling in DUI education programs can demonstrate responsibility and may positively influence the court’s perception. Another mistake is neglecting to fully understand the legal ramifications of a DUI, such as its impact on insurance rates and employment opportunities. Collaborating with a Chico DUI defense attorney ensures that you comprehend all potential outcomes and can strategically plan your defense to avoid long-term issues.

Commonly Asked Questions