Rancho Cucamonga DUI Defense Attorney

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.

Fighting Your Charges in All of Southern California – Contact Our DUI Attorney Today

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.

Our service areas include, but are not limited to:

• Redlands
• Claremont
• Los Angeles
• Montclair
• Ontario
• Upland
• Fontana
• Pomona
• San Bernardino
• West Covina
• Fullerton
• Riverside

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!

Protect Your Rights and Future with Experienced DUI Defense Attorneys

Being charged with a DUI can have serious consequences, including fines, license suspension, and even jail time. It is crucial to have a skilled and experienced DUI defense attorney on your side to protect your rights and fight for the best possible outcome.

At The Law Offices of Kirk Tarman & Associates, our team of dedicated DUI defense attorneys has a proven track record of success in defending clients facing DUI charges in Rancho Cucamonga and the surrounding areas. We understand the complexities of DUI laws and will use our expertise to build a strong defense strategy tailored to your unique case.

Why choose us as your DUI defense attorneys:

• Extensive experience: Our attorneys have years of experience handling DUI cases and have successfully defended numerous clients facing similar charges.
• Expertise in DUI laws: We stay up-to-date with the latest changes in DUI laws and regulations to provide you with the most effective defense strategies.
• Personalized approach: We understand that every case is unique, and we will take the time to understand your specific circumstances and goals to develop a defense strategy that suits your needs.
• Aggressive representation: We will fight tirelessly on your behalf, challenging evidence, questioning procedures, and negotiating with prosecutors to achieve the best possible outcome.
• Compassionate support: We know that facing DUI charges can be overwhelming and stressful. Our team will provide you with the support and guidance you need throughout the legal process.

Don't let a DUI charge jeopardize your future. Contact The Law Offices of Kirk Tarman & Associates today to schedule a consultation with a skilled DUI defense attorney in San Bernardino.

If you are facing charges for DUI, don't face your charges alone. Contact The Law Offices of Kirk Tarman & Associates today!