DUI is a severely punished offense under California law because it puts all road users at risk. When a person operates a vehicle while intoxicated with alcohol or drugs, they demonstrate a complete disregard for the safety of other road users. The law treats all DUI cases harshly and provides harsh penalties for those convicted. You will likely receive a jail or prison sentence (for a misdemeanor or felony DUI) and a hefty court fine. Depending on the gravity of your charges, you could also lose your driver’s license to suspension or revocation.

You need legal assistance to fight for a favorable outcome if you face DUI charges in Agra. Our skilled attorneys at San Diego DUI Attorney have adequate training and experience to handle all kinds of DUI cases. We can provide evidence to counter the prosecutor’s case or introduce mitigating factors in your case for a reasonable outcome.

What Constitutes a DUI in Agra?

A DUI charge occurs when you operate a vehicle while under the influence of alcohol or drugs. The police will determine this from the way you drive and from the level of alcohol or drug concentration in your blood. If the police stop you after a traffic infraction or randomly at a DUI checkpoint, they can arrest and charge you with a DUI if they suspect that you are driving while intoxicated.

Further investigation will determine your blood-alcohol concentration level and the kind of drugs you consumed before driving. This is usually a rigorous and complex process that could be confusing or stressful. The presence of your attorney can make it bearable or manageable for you.

Typically, DUI arrests occur after a random stop by the police. Since law enforcement officers must have probable cause for a DUI arrest, they only stop motorists whom they suspect of driving while intoxicated. You can be stopped because you were driving recklessly, speeding, or after violating a traffic rule. Other arrests are made at legally established DUI checkpoints, whereby the police stop and investigate motorists for DUIs and other traffic infractions. If an officer has probable cause for your arrest and there is overwhelming evidence that you were operating a vehicle while drunk or drugged, you will face grave DUI charges.

You will likely face charges under the following laws:

  • Vehicle Code 23152(a)
  • Vehicle Code 23152(b)

The first law applies in cases where you were driving in a manner that suggests you are intoxicated by alcohol or drugs. The second statute applies once the police test your blood-alcohol concentration and determine it to be above the standard provided under the law. The law sets a standard BAC of 0.08% for ordinary drivers and 0.04% for commercial drivers (including taxi and bus drivers). Underage drivers (21 years and below) and motorists on DUI probation must not drive with any trace of alcohol or drugs in their system.

If you violate any DUI law and are arrested, the criminal process continues like in other criminal cases. The prosecutor files charges against you in court, and the judge sets a hearing date. If there is overwhelming evidence against you, the judge will likely pass a guilty verdict. However, you are given a chance to fight your charges with the assistance of an attorney. Your attorney can use a valid defense strategy to fight your charges, depending on the circumstances of your case.

For example, they can say that your arrest was illegal to compel the judge to drop your charges. They can also argue you were not intoxicated and provide evidence to support the argument. The strength of the prosecutor’s case and your defense will determine the outcome of your case.

Different DUI Charges in Agra DUI Attorney Can Handle

DUI law comprises various statutes with different legal definitions. The prosecutor will file charges against you based on the details of your case. Here are the different DUI charges you can face, for which an Agra DUI attorney can help you with:

First Offense DUI

If you are facing a DUI charge for the first time, the prosecutor will file a misdemeanor charge against you. A first-offense DUI means you do not have a DUI-related arrest or conviction in your criminal record. Although judges are usually lenient on first-offenders in most cases, a first-offense DUI is never treated with leniency because of the risk it poses to other road users. Here are possible penalties for a first-offense DUI in California:

  • Misdemeanor probation that can last between one and three years
  • A jail sentence of not more than six months
  • A court fine of between $390 and $1000 (penalty assessment charges will apply)
  • License suspension for up to six months by the court or DMV (this can go to up to one year if you refuse to undergo a drug or alcohol test after an arrest to determine your BAC)
  • A mandatory installation of an IID device if you apply for a restricted license to drive to specific places like work or market

Second Offense DUI

A second DUI arrest occurs when you already have a DUI-related arrest or conviction on your record within ten years. This, too, will result in a misdemeanor charge. Even though the first and second DUIs are prosecuted as misdemeanors in California, the second DUI will result in more severe penalties than the first. Some of the penalties you could receive upon conviction include the following:

  • Misdemeanor probation that can last from one to three years
  • A maximum of $4000 in court fines and penalty assessment charges
  • A jail sentence of up to one year
  • License suspension by the court or DMV for up to two years. You can qualify for a restricted license after three months of license suspension. However, you must install an IID system in all your vehicles to be eligible for a restricted license.

Third Offense DUI

A third DUI is also a misdemeanor and occurs when you already have two prior DUIs in your criminal record within ten years. This will attract heftier penalties than a first or second DUI conviction. Some of the penalties you could receive are as follows:

  • Misdemeanor probation for up to three years
  • Court fines and penalty assessment charges of up to $18000
  • Jail time for up to one year or 16 months in a state prison
  • Driver’s license suspension by the court and DMV for up to four years
  • If you apply for a restricted license, you must fit an IID system in all the vehicles you drive

Fourth Offense DUI

A fourth DUI is usually a felony, and it occurs when you already have three prior DUIs on your record within ten years. A felony DUI is graver than a misdemeanor and will likely result in life-changing penalties. Some of the penalties you can expect after a fourth DUI conviction include the following:

  • Felony probation for a maximum of five years
  • Court fines and penalty assessment charges of up to $18,000
  • A prison sentence of up to three years
  • License suspension by the court and DMV of up to four years. The DMV can revoke your license if there are aggravating factors in your case (like an injury, death, or a minor in the vehicle)
  • As a convicted felon, your criminal record impacts several aspects of your life, including your professional and social lives. It also affects your gun rights.

Felony DUI

A felony DUI charge is a cause for concern because of the harsh penalties a conviction attracts under the law. The prosecutor can file felony DUI charges under the following circumstances:

  • If you have three prior DUI convictions on your record within ten years
  • You cause an accident while driving while intoxicated and cause property destruction, injury, or death
  • You were driving while intoxicated with a minor below 14 in the vehicle
  • You had an extremely high blood-alcohol concentration level during your arrest
  • You were driving while intoxicated on a suspended or revoked license

Here are possible penalties for a felony DUI. Remember that the judge has complete discretion to determine appropriate penalties for you based on the exact details of your case:

  • Felony probation for up to five years, under the supervision of the probation department
  • Court fines that could amount to up to $5000
  • A prison sentence of 16 months, two or four years
  • Mandatory completion of a DUI program
  • Payment of restitution to the victims of your crime (if it applies to your case)
  • License suspension or revocation, depending on the exact details of your case
  • Being designated as a habitual traffic offender
  • You will earn some points for your driving record

How an Agra DUI Attorney Can Help

When facing a severe charge like a DUI, you could feel stressed or overwhelmed, especially when you think of the severe consequences of a conviction. This affects your decision-making and could lead to self-incrimination, whereby you do or say things that could worsen your situation. You could be stuck at other times, especially if you do not understand the criminal justice process. This can affect your case’s progress. Criminal attorneys play a significant role in supporting and guiding defendants through all court processes. Your attorney will act on your behalf and with you to ensure a smooth process and a reasonable outcome in your case. Here are some of the reasons you need the assistance of an Agra DUI attorney:

Help in Understanding Your Charges

The police use legal terms when conducting DUI arrests. This can confuse you, especially if you are unfamiliar with standard legal terms. For example, if they charge you with a misdemeanor DUI, you will not automatically know what that means until someone explains it to you. The right person for that is your attorney. They will explain why you face misdemeanor or felony charges and the legal implications of those charges. This prepares you for what to expect during and after the court processes. Your attorney will also ensure the charges you face match the circumstances of your case.

Analyzing and Gathering Evidence

Your DUI attorney will also analyze any evidence the police have gathered against you. They will do this to ensure the evidence is credible and admissible. If you face a DUI charge after a random investigation by the police, your attorney must ensure there was probable cause for your arrest. If your BAC test results indicate a high alcohol content in your system, they must ensure that the test was conducted legally and the results are credible.

Additionally, your attorney will assist in gathering evidence for your defense. They can collect evidence to counter the prosecutor’s case or use mitigating evidence to push for a reasonable resolution.

Investigating Your Arrest

A DUI attorney must investigate their client’s arrest to ensure that the police conducted it legally. Remember that a DUI charge is a life-altering charge. Your attorney must ensure that your charges are credible by investigating your arrest. They can start by finding the probable cause for your arrest. If the police do not have probable cause to stop and arrest you for a DUI, your attorney will push for a case dismissal.

Your attorney will also find out if the arresting officer violated your rights. The law requires the police to read and explain your Miranda rights during an arrest. If this does not happen and the police obtain information from you. Your attorney will compel the judge to disregard any evidence gathered during that interrogation.

Fighting Your Charges During the Trial

Your DUI attorney will be your legal representative during all the hearings the judge will hold for your case. They will prepare evidence and statements to fight your charges. They will also introduce new evidence and mitigating factors to compel the judge to rule the matter in your favor. Fortunately, there are legal defense strategies a DUI attorney can use to fight DUI charges. Here are examples of techniques that your skilled attorney can use in your favor:

  1. Your Field Sobriety Test Results are Inaccurate

Most DUI arrests are conducted based on how a motorist performs in the field sobriety tests. Before arresting and charging a motorist with a DUI, the police investigate by the roadside. They start by asking a few questions and analyzing the driver’s behavior before asking the driver to leave the vehicle. Once outside, an officer can ask the driver to perform a few tests to determine whether the driver is intoxicated.

Some drivers fail these tests, not because they are intoxicated but because they are tired, anxious, or unwell. If your poor performance caused your DUI arrest, your attorney can use this strategy to fight your charges.

  1. Your Arrest Was Illegal

If the police violated your rights or failed to follow the arresting procedures provided under the law, your attorney can use this strategy to push for a case dismissal. Your arrest will be illegal if the arresting officer does not have probable cause to stop and investigate you for a DUI. This defense strategy will also apply if the officer did not investigate you for a DUI before the arrest. They could have stereotyped you based on your appearance or the vehicle you were driving. If your attorney’s defense strategy convinces the court of your innocence, the judge will dismiss your charges.

  1. Your BAC Results are Inaccurate

Your attorney can fight your DUI charge based on your BAC results. For example, they can compel the judge to dismiss your charges if your BAC results are inaccurate. This can happen if the test was improperly conducted or a faulty breathalyzer was used. The law provides guidelines by which breath and blood tests must be performed in DUI cases. If the breathalyzer was not properly maintained or calibrated, or the officer who conducted the test was not trained, this defense strategy can work in your favor.

If the prosecutor relied mainly on a high BAC level to file your charges, an inaccurate BAC would leave them without sufficient evidence to proceed with the DUI charges.

Negotiating a Plea Deall

Your attorney can also negotiate a plea deal with the prosecutor, depending on the severity of your charges. If you face grave DUI charges and the prosecutor has compelling evidence against you, a plea deal will result in less severe penalties. Your attorney can propose a plea deal to the prosecutor or accept one if the prosecutor proposes. This will require you to plead guilty to a less severe charge with less severe penalties.

Find a Competent Agra DUI Attorney Near Mel

A DUI arrest in Agra can cause you so much stress or confusion, especially if you are unfamiliar with the court processes and possible consequences. However, a skilled attorney can help you navigate the complex processes and understand your charges and potential penalties. They can also work with you to develop a solid defense for your charges.

We have extensive training and experience handling all DUI cases at San Diego DUI Attorney. You can start the legal process with us after your arrest. We will ensure you understand your options and rights. We will also work hard to fight for a favorable outcome in your case. Call us at 619-535-7150 for more information about your case and our services.