Rancho Cucamonga DUI Defense Attorney
Aggressive DUI Defense Lawyer in San Bernardino
Arrested for DUI? The consequences might be worse than you think. Approximately, one million people are arrested for driving under the influence each year. But this high number does not exonerate offenders from the penalties associated with driving under the influence.
DUIs are not allegations treated lightly by the court or by law officers. Important aspects of your life, such as your driving record and your insurance rate, can be adversely affected. Need a lawyer for a DUI case in Rancho Cucamonga? If you have been charged with a DUI, our firm understands what a scary time this can be.
In California, when charged with a DUI, you only have 10 days to act! From the time you are arrested, you only have this short window of time to request a DMV hearing before losing your license. You need to seek help immediately to get the legal representation and counsel you need. Don't let your future hang in the balance.
Arrested for driving under the influence? Call us now for your FREE case evaluation, we have 24/7 availability!
The Law Offices of Kirk Tarman & Associates, an experienced firm, is a source you can trust and turn to during the dark days ahead. Our firm boasts recent trial wins and an exceptional record of results. San Bernardino DUI attorney Kirk Tarman has the combined street smarts and book smarts you will need throughout the duration of your case. A well-liked and reliable lawyer, he will personally handle your case from beginning to end.
Our DUI Defense Practice Areas
- DUI Penalties
- First Time DUI
- Breath & Blood Tests
- Field Sobriety Test
- DMV Hearing
- Multiple DUI
- Driver's License Suspension
- Underage DUI
- DUI of Drugs
- DUI with Injury
- Out of State DUI
- CDL DUI
- Felony DUI
- Leaving the Scene
- Vehicular Manslaughter
Frequently Asked Questions: DUI
What does BAC stand for?
BAC is short for your Blood Alcohol Concentration percentage in your blood. By measuring your BAC level, law enforcement officials can tell how much you have had to drink and determine whether or not you are legally impaired. In the state of California, if you are found to have more than .08% alcohol in your bloodstream, then you are considered to be above the legal limit and unable to safely operate a motorized vehicle.
What are the penalties for a DUI conviction?
Under the California Vehicle Code § 23152, it clearly defines the phrase "driving under the influence" of alcohol or drugs. If you are convicted on DUI in this state it is typically categorized as a misdemeanor violation and is punishable for up to one year in county jail, after that you will have informal probation for three to five years. You can also face a minimum fine of $390 and have your driver's license suspended for at least six months, unless you schedule a DMV hearing and win. On top of that, you are also looking at DUI driving school and possible car insurance repercussions. If you are convicted of a fourth DUI offense all within a ten-year period, then you could be facing a felony DUI offense and face aggravated DUI penalties.
Can the authorities pull me over, arrest and detain me without probable cause?
Absolutely not. Law enforcement officials must have sufficient facts in order to prove they have probable cause for pulling you over, taking you into custody and detaining you. They must also have probable cause in order to search your vehicle. If they have reason to believe that you may be driving under the influence and they want to conduct standard field sobriety tests or a breath test, legally they should tell you that you have the right to refuse. Portable breath testing is not required by California State law. If they decide to administer a breath test back at the police station, you have the right to ask for a blood sample so that you can have it tested at an independent lab of your choice. This way you have a way of knowing that the results were not tampered with.
What is the "Implied Consent" law?
In the state of California, if you have a valid driver's license, then according to the law you have already given your legal consent to a breath or blood test if you are ever believed to be driving under the influence. If you do not cooperate with the authorities and refuse to take a test, then legally they must advise you of the consequences. If you refuse and are later convicted of DUI, your penalties could increase. If you are unconscious however at the time of arrest and are unable to give your consent, then the authorities are legally allowed to perform the tests anyways.
Can you contest the results of my breath test in court?
Yes, the fact of the matter is that everyone has a different level of tolerance towards alcohol. For some people, they may only have a BAC level of .05% but they are already intoxicated and unsafe to drive. For others, their tolerance level may be considerably higher and may not be under the influence until they reach .12%. Either way, in order to persuade the prosecution you are going to need a hard-hitting Rancho Cucamonga and San Bernardino DUI attorney fighting on your side. There is also that age old controversy of whether or not the Intoxilyzer 5000EN produces accurate results. Sometimes you will find a court that will let you plead the case that there is marginal room for error either due to a glitch in the software or human error. Contact our firm today and find out how we can help you fight your DUI charges.
What are some defenses for DUI charges?
The main defense that attorneys can use is that what if alcohol was not the reason for your driving issues. If your driving was called into question because you were swerving, you could have been texting or momentarily distracted with the radio. As follow-up evidence for a DUI accusation, the authorities will typically look for the obvious indicators of intoxication when they pull you over. There are other factors that could play a part however, that could make it seem like you are someone who has been drinking. If you are fatigued, suffering from allergies, experiencing heat exhaustion, or even have some other illness that affects your balance or coordination, you may come across as being inebriated when in fact you really aren't. You can also fight your DUI charges if law enforcement did not follow the proper procedure when they pulled you over and arrested you. If there is police misconduct or lack of probable cause for arrest, the judge may have grounds to dismiss your case. Your San Bernardino DUI attorney can also investigate and ensure that the police collected and stored your breath or blood sample properly, according to Title 17 of the California Code of Regulation.
How long will a DUI conviction remain on my record?
This is actually a trick question. The state of California views a DUI conviction the same as a criminal conviction, which means that anytime someone pulls up your driving record or your criminal record they will find your past convictions on there. The only way a conviction can be dropped or removed from your record is if the court decides to expunge them.
Fight Your Charges – Contact a DUI Attorney in San Bernardino!
Searching for a DUI lawyer in San Bernardino? With over 20 years of experience, we are prepared to help you face any DUI charges you may be dealing with. We have an exceptional history of case dismissals and reductions and can be a valuable advocate for you in the days ahead. Our previous clients have given us glowing reviews and we are a firm well-respected in the Rancho Cucamonga and San Bernardino area by our peers and clients alike. We strive to go above and beyond our client's expectations and seek to establish our firm as one built on excellence, trustworthiness, and genuine care.
If you choose to entrust your case to us, you can count on us to represent you to the best of our abilities and to be a reassuring, helpful source you can turn to. Our San Bernardino DUI lawyers have helped others who have faced charges similar to yours, and we can help you today!
If you are facing charges for DUI, don't face your charges alone. Contact The Law Offices of Kirk Tarman & Associates today!