San Diego DUI Defense Attorneys
If you are convicted for DUI, your license will be suspended, you will be assessed fines and court fees, and you will likely spend some time in jail. Additionally, you will be required to attend DUI school and your criminal record affected. Since most employers have a zero-tolerance policy regarding criminal convictions, you could lose your job, especially if you are required to spend a few weeks or more in jail. Financially, your insurance rates will increase substantially, affecting your premiums for years to come and your credit score could be impacted. For these reasons, it's important to challenge DUI charges or, at the very least, negotiate a reduction in the charges or sentence against you. If your license is suspended, we can petition the court for a restricted license that will at least allow you to drive to and from work or school.
Understanding what is involved and the options available to you is essential to resolving a charge of drunk driving. To schedule a free consultation to learn how we can help you, contact DWI attorney Elliott Kanter today.
First Time DUI Penalties
The Law Offices of Elliott Kanter advises and represents people charged with DUI. While the penalties involved will depend on the county or municipality, the following penalties are typically involved:
- Jail: At least 48 hours but could be more, depending on the county. Typically, however, it is possible to convert jail time into more community service
- Fines and Fees: Anywhere from $390 to $1,000
- License Suspension: 4 months license suspension but may be restored after 30 days if defendant can establish hardship. For defendants under the age of 21, license suspension is for 1 year
- DUI School: Mandatory alcohol school for anyone under 21. For those over 21, three to six months of DUI school may be ordered
- Ignition Interlock Device: Depending on the circumstances of your case, you may be required to install an ignition interlock device which requires you to blow on a breathalyzer before your car will start
- Community Service: Some courts will allow you to avoid fines and fees and jail if you agree to perform a certain number of hours of community service
When It's necessary to Challenge a DUI Arrest
In order to stop a car, an officer must have reasonable suspicion that the driver may be drunk. Swerving, speeding up and down, or other kinds of strange behavior provide reasonable suspicion for an officer. If, however, there is no discernable suspicious behavior, the car stop may be unconstitutional. Secondly, a field sobriety test must be performed if an officer believes a driver is intoxicated. A field sobriety test must be administered properly in order to provide an officer with probable cause to administer a breathalyzer or arrest a driver. If administered incorrectly, the charges against you may be dropped.
Breathalyzers are not Error-Proof
Breathalyzers, like other kinds of equipment, must be maintained and calibrated correctly. As your attorney, Elliott Kanter will subpoena the maintenance record and test history of the breathalyzer used in your arrest. We expose malfunctioning breathalyzers, and ways officers can consciously or unconsciously affect results in the way they instruct a driver to blow into the device.
If you've been arrested for DUI, contact drunk driving defense attorney Elliott Kanter today to schedule a free consultation to discuss your case.
