It is essential you select a Victorville, Apple Valley, or Barstow DUI defense attorney who provides in depth representation since there are two separate entities in need of a defense in your DUI charge: DMV (This is called the “Administrative Per Se consequence”) and the Court. Each part requires a distinct defense strategy and only an experienced Victorville, Apple Valley, or Barstow DUI defense attorney will have what it takes to prepare the proper defenses. It is also critical that your skilled Victorville, Apple Valley, or Barstow DUI defense lawyer is knowledgeable in current DUI laws / cases, and has extensive experience representing clients in both misdemeanor and felony DUI’s.
IMPORTANT: AFTER YOUR ARREST FOR A DUI, YOU ONLY HAVE 10 (TEN) DAYS TO INVOKE YOUR RIGHT TO A DMV HEARING AND HAVE A CHANCE TO KEEP YOUR DRIVER’S LICENSE.
The Law Office of Tarman & Shamuilian is a defense firm that provides comprehensive legal representation to those arrested for a DUI or related matter in San Bernardino County. Our officefocuses specifically on DUI. The Law Office of Tarman & Shamuilian is experienced in handling cases in Courts all over San Bernardino County and at the San Bernardino Driver Safety Office (DMV).
A DUI in Victorville, Apple Valley, Barstow and surrounding cities in California can many times cause serious consequences. As a result, it is important to have a good lawyer on your side. The most immediate consequence when arrested for a DUI in Victorville, Apple Valley, and Barstow is loss of driving privileges. Under California law, the Department of Motor Vehicles can suspend the driving privileges or someone arrested for a DUI.
The more severe and long lasting consequence is the criminal case in the Superior Court. This is based on Vehicle Code § 23152(a) and § 23152 which state that a person arrested for a DUI can be prosecuted and put in jail for up to 6 months for a 1st offense. Penalties can include prison and Felony for multiple DUI offenders or where injury occurs during a DUI.
In San Bernardino County, the Court Process generally begins with the arrest report being forwarded to the Office of the San Bernardino County District Attorney. A person arrested for DUI in San Bernardino County is usually given a citation with an appearance date. The first court appearance is called the arraignment and it is at this stage the Court formally presents the charges filed against you and a plea of “guilty” or “not guilty” is entered. Your experienced San Bernardino County DUI defense attorney will decide based on the specific circumstances of your case if it is best to set your matter for a pre-trial hearing or to continue your arraignment. At the pre-trial stage, your DUI defense attorney will negotiate with the district attorney. Our skilled Victorville, Apple Valley, or Barstow DUI lawyers will then help you to decide if it is best to accept a negotiated plea or take your case to jury trial.
In California DUI there are typically 2 charges filled against individuals. It is interesting to note that soemone can be charged with a DUI for driving under the influence of drugs, including prescription drugs and marijuana. The most common statute used to prosecute a basic DUI is California Vehicle Code § 23152(a) and § 23152(b).
California Vehicle Code § 23152(a) prohibits people from operating a motor vehicle if they are under the influence of alcohol or drugs.
California Vehicle Code § 23152(b) prohibits people from operating a motor vehicle when their blood alcohol content (BAC) is .08% or higher.
California Vehicle Code §§ 23153(a) and 23153(b) can be filed as a misdemeanor or a felony, when this is the case the charge is called a wobbler . Misdemeanor cases have a maximum jail sentence of 1 year. If charged as a felony the sentencing range is between 16 months and 3 years in custody and a fine up to $10,000 dollars.
If the DUI involved injuries and the prosecutor seeks to use those fact to file the case as a Felonyy they will have to prove (1) When the person was driving he or she also committed an illegal act or neglected to perform a legal duty AND (2) This illegal act or failure to perform a legal duty caused bodily injury to another person.
Driving Under the Influence is a serious offense. Having a confident lawyer on your side, representing you through this hard time, can greatly increase your chances of a successful outcome in your Victorville, Apple Valley, and Barstow DUI case. There are many defenses to beating a DUI, many with complex and scientific elements. With The My Rights Law, we have the team of experts ready to disrepute evidence brought against you in your DUI case.
Call our office for a free confidential consultation (760) 253-6565.