DUI Offenses

Experienced Modesto Criminal Defense Lawyer Helps Clients Keep Their Driver’s Licenses and Stay Out of Jail

Everyone knows that driving under the influence of drugs or alcohol is against the law. However, what’s less clear is when you cross the line from “okay to drive” to legally impaired. Each year, tens of thousands of drivers end up being arrested for a DUI despite having no idea they were intoxicated. Too often, drivers charged with a DUI end up pleading guilty early on in the process, believing that there are no good defenses to DUI offenses. However, that is not the case; many DUI cases are beatable. At the Law Office of Rebecka A. Monez, we take an aggressive and strategic approach to every DUI case we handle, reviewing every possible defense to determine how we can help you beat your case.

Types of California DUI Offenses

The California Penal Code has several different DUI statutes.

• Penal Code § 23152(a) makes it illegal to drive while “under the influence” of alcohol.
• Penal Code § 23152(b) makes it against the law to drive with a blood alcohol level of .08 or more.
• Penal Code § 23152(c) makes it a crime to drive a car if you are “addicted to the use of any drug.”
• Penal Code § 23152(f) makes it illegal to drive under the influence of any drug.
• Penal Code § 23152(g) proscribes driving under the influence of the combined effect of drugs and alcohol.

In most cases, after you are arrested for a DUI, prosecutors will charge you with multiple DUI offenses. For example, you may be charged under § 23152 subsections (a) and (b) if police believe you were under the influence of alcohol. This is because it gives prosecutors the ability to proceed with their case even if you didn’t take a blood or breath test or if the court suppressed the results of any chemical testing.

Penalties for a California DUI

DUI penalties are notoriously complex in California. In part, this is because the penalty for driving under the influence of drugs or alcohol depends in large part on whether you have any prior DUI convictions. For example., a first-time DUI offense is a misdemeanor, punishable by up to six months in jail, a fine of up to $1,000, and either a license suspension or a requirement you install an ignition interlock device on your vehicle. However, a second-offense DUI results in a mandatory four days in jail, up to a maximum of one year, a fine of $1,000, and either a two-year license suspension or a requirement you install an ignition interlock device on your vehicle for one year.

DUI offenses also become much more serious if someone was injured or killed in a DUI accident. These cases carry the potential of at least 16 months in jail, up to a maximum of 16 years, as well as a fine of up to $5,000.

Defenses to Stanislaus County DUI

Like all other crimes, there are certain defenses that apply to DUI cases. For example, the following are all common defenses to DUIs:

• The police lacked reasonable suspicion to pull you over;
• The arresting officer lacked probable cause to demand you take a blood or breath test;
• The breathalyzer was not properly calibrated;
• The prosecution cannot establish the chain of custody of your chemical test sample;
• You were not under the influence of drugs or alcohol; and
• The processing officers failed to follow the proper procedures.

These are just a few of the best DUI defenses; there are many others. However, not every defense applies in each case. If you face DUI charges in Stanislaus County, an experienced DUI defense attorney can help you determine which defenses best fit the facts of your case.

Do You Have a DUI Case in Stanislaus County?

If you were recently arrested and charged with a DUI, reach out to the Law Office of Rebecka A. Monez for immediate assistance. Attorney Monez is an experienced Modesto DUI defense attorney who aggressively fights to keep her clients on the road and out of jail. Along those lines, Attorney Monez obtained a certification in “Toxicology for Attorneys” and stays on the cutting edge of DUI defense, always seeking to advance her knowledge by studying the most recent trends in these complex cases. To learn more, and to schedule a free consultation today, call 209-488-4959. You can also connect with us through our online contact form.