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San Bernardino DUI Lawyer

San Bernardino County Defense for DUI

Arrested for drunk driving? Driving under the influence cases normally are filed as misdemeanors and are based upon two possible violations of the Vehicle Code. Section 23152(a) is a law making it a misdemeanor to drive while "impaired." Impaired driving is determined by how the driver is performing on the road, such as straddling lanes, swerving or hitting something.

Under both the "impaired" driving section and the 0.08 law there is lots of room for defending a case. One can have a blood alcohol level well above 0.08 and still not violate the 0.08 law. This can happen if a lot of alcohol was consumed shortly before driving, and by the time the blood test was taken, the level had climbed to over 0.08. It is the blood alcohol level at the time of driving that matters.

DUI charges have a negative effect on many things. Do not represent yourself on a DUI. Contact our San Bernardino DUI attorney for a free initial consultation.

California DUI Penalties

If you are convicted of a DUI in California, you will face some or all of the following penalties, including a mark on your permanent criminal record. This is why it is crucial that you secure skilled legal defense to fight these charges.

The driver's blood alcohol level under this section is not a factor. Most times, a driver is arrested for two DUI violations, the other one being a violation of Vehicle Code Section 23152(b). This section is based upon a driver having a blood alcohol content of 0.08 or greater.

First DUI

  • Fines: $390-$1,000 + Penalty assessments
  • Jail: 48 hours-6 months or probation
  • Up to 6-months license suspension
  • Probation: 3 years, including 3-month DUI school

Second DUI

  • Fines: $390-$1,00 + penalty assessments
  • Jail: 96 hours-1 year or house arrest or work programs
  • Up to 2-years license suspension
  • Probation: 3 years, including 18-30 month DUI school

Third DUI

  • Fines: $390-$1,00 + penalty assessments
  • 120 days-1 year (or 30 days if probation and 30-month DUI school granted)
  • Up to 3-years license suspension
  • Probation: 3-5 years and 30-month DUI school at judge’s discretion

California Restricted License & DUIs

Those convicted of first-time driving under the influence (DUI) charges could lose their California drivers’ licenses for up to six months. However, restricted drivers’ licenses can help those convicted of DUI charges get back on the road.

Someone convicted of a first-time DUI may be able to get a California restricted driver’s license. A restricted license is not like a regular driver’s license in that a regular license allows a holder to drive anywhere they want. However, a restricted license, unsurprisingly, restricts the holder’s driving privileges.

A restricted driver can only go to predetermined locals such as:

  • School;
  • Work; and
  • Places of worship.

As you can see, a restricted license can greatly benefit commuters and off-campus students. Unfortunately, not every DUI convict can obtain a restricted license.

Get Help Applying for a Restricted License

Those hoping to apply for a restricted license should talk to an experienced San Bernardino DUI attorney before filling out the paperwork because potential candidates must meet certain conditions before applying.

Some of the conditions include:

  • Enrolling in a licensed DUI First Offender program;
  • Filing proof of financial responsibility; and
  • Waiting until the end of the mandatory 30-day suspension before applying.

As you can see, applying for a restricted license isn’t as easy as you might imagine. If you or a loved one want to know if you qualify for a restricted license, contact Mark Raymond McDonald now.

Call an Experienced DUI Lawyer in San Bernardino

Because the consequences of a vehicular manslaughter conviction can be so severe, it is vital that you or your loved one enlist an attorney who knows by experience how to defend you effectively. If you or your loved one have a pending vehicular manslaughter case, contact this San Bernardino DUI lawyer and consult with him about how best to proceed. We have had great success over the years throughout San Bernardino county defending vehicular manslaughter cases.

Arrested for DUI? Call our San Bernardino DUI lawyer to see what defense options are available to you. Initial case consultations are FREE!