Trusted DUI Attorney in Modesto, CA
But don’t lose hope: Being arrested for driving under the influence does not automatically mean you’ve been found guilty. It is possible to defend against a DUI charge in California successfully. You have options to defend your rights and freedoms, and Derek L. Casey will go the extra mile to fight for the best possible outcome in your case.
When to Hire an Attorney for DUI in California
In California, a person cannot drive any vehicle while under the influence of drugs or alcohol if they have a BAC (blood alcohol concentration) of 0.08% or higher. There are stricter standards for certain other drivers, such as commercial truck drivers (0.04% BAC) and those with prior DUI convictions on their record. California also has a zero-tolerance policy for minors, making it illegal for anyone under 21 to drive with a BAC of 0.01% or higher.
There are many ways to defend against a DUI charge. The prosecution must prove that:
- You were actually under the influence, not simply driving in a manner “consistent with” or showing “objective symptoms” of intoxication
- You were actively driving and in motion, not simply in physical control of the vehicle
- There were no other factors that lead to a failed Field Sobriety Test
- The arresting officer followed all proper procedures and correctly
A skilled DUI attorney can address these and other weaknesses in the prosecution’s case against you and defend against the charges. Don’t let the prosecution bring down the harshest penalties on you. The sooner you call Derek L. Casey, the better chance of a positive outcome in your case!
California DUI FAQs
The penalties will vary depending on whether or not this is your first offense, whether you’re a minor, or whether there are any aggravating circumstances, such as having a child in the car or driving in a construction zone, among others. Generally, speaking, the penalties are:
First offense: up to 6 months in jail, fines of $390-$1,000, up to 6 months license suspension, and up to 6 months with an interlock ignition device (IID).
Second offense: 96 hours to 1 year of jail time, fines of $390 to $1,000, up to 2 years license suspension, and 1 year with an IID.
Third offense: 120 days to 1 year of jail time, fines up to $1,800, up to 3 years license suspension, and 2 years with an IID.
Mitigating factors are any circumstances that may help lessen your liability, warrant lighter sentencing, or otherwise support your defense. They include impairment due to prescription medication, being barely over the legal limit, or volunteering to complete a substance abuse program.
Aggravating factors are the opposite: circumstances that can lead to harsher sentencing. They include having prior convictions, excessive speeding, having a child in the vehicle, causing injuries or property damage, and more.
Hiring trusted legal counsel is your best bet when facing a DUI because we can help you identify mitigating factors, manage aggravating factors, and fight for a better outcome in your case.