Chico DUI Lawyer Michael Erpino
Call Today 530-898-1111
If you’re arrested for Driving Under the Influence (DUI) of Alcohol or Drugs call us today at (530) 898-1111. We’ll schedule a free consultation for you to meet with our experienced Chico DUI Lawyer Michael Erpino.
Consequences of a DUI Conviction
A first-time Misdemeanor DUI conviction in California (Vehicle Code Section 23152) carries up to six months in jail. Judges usually grant Probation to first-time offenders. However, you could spend some time in jail, even if it is your first offense. You’ll also have to complete a DUI education school at your expense, in addition to paying hefty fines and fees.
The Department of Motor Vehicles (DMV) will suspend your driver’s license if you are convicted of any DUI. Additionally, the DMV can suspend your driver’s license if you are charged with an alcohol DUI, usually well before your first court date. See DMV Consequences For DUI.
*WARNING: YOU OR YOUR CHICO DUI LAWYER MUST CONTACT DMV WITHIN 10 DAYS OF BEING ARRESTED FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL TO SET A HEARING OR DMV COULD SUSPEND YOUR DRIVER’S LICENSE. CAUTION: WE’VE HEARD THAT LATELY THE DMV IS MAKING IT VERY DIFFICULT FOR CITIZENS WHO TRY TO SET A DMV HEARING USING THE PHONE NUMBER LISTED ON THEIR TEMPORARY LICENSE – IF YOU DO NOT HIRE AN ATTORNEY, AND YOU CALL DMV WITHIN 10 DAYS OF YOUR ARREST, DO NOT TAKE NO FOR AN ANSWER – INSIST ON YOUR RIGHT TO A DMV HEARING! OR BETTER YET HIRE AN ATTORNEY WHO WILL NOT TAKE NO FOR AN ANSWER
Lastly, if you’re granted DUI probation, your liberty will be severely restricted with the constant threat of more jail time if you violate probation. If you’re arrested for DUI call today (530) 898-1111 for a free consultation with an experienced Chico DUI Lawyer.
Consequences of a Second or Third DUI
A conviction for a second Misdemeanor DUI within ten years of your first DUI carries up to one year in the county jail. Again, depending upon the specific facts of your case, Judges will usually grant Probation. However, you will spend more time in jail than you do for a first-time DUI.
You will pay substantial fines and fees, and attend an expensive alcohol education class that lasts 18 months or longer. Additionally, the DMV will suspend your driver’s license for two years for a second-time DUI. You will likely be eligible for a restricted license at some point but that depends on the facts of your case.
A conviction for a third DUI carries a minimum of 120 days in jail and will lose your driver’s license for years. If you’re arrested for a second or third DUI you’ll need an experienced Chico DUI lawyer to properly prepare your case and help you get the best result possible.
Drug DUI
If a law enforcement officer believes you’re impaired by any drug while driving, even if the drug is legal or prescribed by your doctor, you will face Drug DUI charges. Common Drug DUIs include Driving Under the Influence of Marijuana, Prescription Pills, and Illegal Drugs.
In many cases the Government relies solely on the officer’s opinion, despite the fact that most officers have no medical background or training. In addition to the embarrassment of being arrested for driving while you’re on your medication, you face the same Court and DMV consequences as an alcohol DUI.
If you’re arrested for a Drug DUI you should meet as soon as possible with an experienced Chico Drug DUI Lawyer to discuss your case. Call me today (530) 898-1111.
Felony DUI
You face Felony charges for DUI if you are arrested for a fourth DUI within 10 years. Additionally, you can face Felony DUI charges if you are in an accident and someone is injured or killed. Lastly, you face a Felony DUI if you have any prior Felony DUI convictions.
If you are convicted of Felony DUI you face up to three years or more in prison. You will also lose your driving privileges, face hefty fines and fees, and severe restrictions on your liberty. Additionally, you may lose your right to vote and you will lose your right to possess firearms, even a hunting weapon.
If someone is killed in your DUI accident, you could spend the rest of your life in Prison. Immediately meet with an experienced Chico DUI Lawyer if you are arrested or charged with any Felony DUI. Call us today (530) 898-1111 to schedule your free consultation.
Under 21 DUI
If you are under 21 years old and have been arrested for DUI call a Chico DUI Lawyer as soon as possible. In addition to all of the potential penalties listed above, you will lose your license to drive for one year. If you are under 21 and you have any alcohol in your system, even if you’re not impaired, you will lose your license to drive for one year.
If you are under 18 you will be charged as a Minor in Juvenile Court. You’ll have to bring a parent or guardian with you to all court dates. Juvenile Court differs significantly from Adult Court but in general the same penalties apply. The main difference is that you face time in Juvenile Hall or California Youth Authority instead of Jail or Prison.
In Juvenile Court Proceedings you have the same rights as adults to see, hear, and test the evidence against you. You do not have the right to a Jury Trial. Instead, you have the right to a Court Trial where a Judge will hear the evidence and decide if you’re guilty.
Fight Your DUI
There are often defenses in DUI cases. For example, you may be able to fight the reason why you were stopped in the first place. In many cases you may be arrested even though you were not impaired. Additionally, there is always inherent inaccuracy in breath and blood sample testing.
If you do not want to plead guilty you can fight your case in Trial. You can either have a Court Trial (where a Judge decides if you’re guilty – usually a bad idea), or a Jury Trial. In a Jury Trial twelve people from the community hear the evidence. They decide whether the Government has proven its case beyond a reasonable doubt.
Retaining an experienced Chico DUI Trial Lawyer is an essential first step if you want to fight your DUI. Call us today (530) 898-1111 to schedule a free consultation to discuss your case.
Lesser Charges for a DUI
The Vehicle Code and Penal Code contain numerous alternative charges District Attorneys can offer to settle your case. This usually happens when there are problems with the State’s evidence against you. For example, if the officer obtains your breath or blood sample long after driving, or if your blood-alcohol level is close to the legal limit. In some cases it may also be difficult to prove you drove a vehicle.
Often we can settle weak cases for an Alcohol or Drug-Related Reckless driving (a “Wet Reckless”). Additionally, we sometimes settle for a “Dry Reckless” (bad driving) or even a “Drunk in Public” charge.
DUI Sentencing
Sentencing options available to Judges in any DUI can range from probation to jail or prison. Hard work in Rehabilitation Programs can often result in a better sentence. Additionally, many Courts will follow the Vehicle Code (some don’t) that allow you to complete a residential rehabilitation program instead of jail.
If it turns out that you should resolve your case instead of fighting it consult with a Chico DUI Lawyer. We will work with you to make sure you do everything possible to minimize your sentence. Call today (530) 898-1111 to discuss your case.
Hire a Chico DUI Lawyer
Call me today if you’re arrested for any DUI. I know how to navigate our complex Court and DMV system, and I’ll fight to get the best result in your case. I can almost always go to Court without you in Misdemeanor DUI cases. Additionally, I handle the DMV portion of your case.
We’ll discuss and assess the facts and evidence in your case, and then decide how to proceed. If the District Attorney makes an unreasonable offer I know how to successfully fight your case in Jury Trial. We have experienced investigators and experts ready to prepare your case and testify at Trial if necessary. If you’ve been arrested for any DUI offense call me today (530) 898-1111 for a free consultation.