Rancho Cucamonga DUI Lawyer

Facing the possibility of a driving under the influence (DUI) charge can leave you feeling overwhelmed and unsure of how to proceed. DUI convictions carry heavy sanctions that could affect you for many years. A Rancho Cucamonga DUI lawyer can guide you through the DUI process, gather evidence for your defense, and make sure that your rights have not been violated. A skilled DUI lawyer can also negotiate on your behalf for reduced charges.

Hire a DUI Lawyer

When you hire a DUI lawyer, you want someone who thoroughly understands the legal process and how to negotiate and litigate for the most favorable outcome for their client. As a former prosecutor, Attorney Kolacia understands how prosecutors build DUI cases and how plea agreements are used when prosecutors have insufficient evidence to secure a conviction. Our team understands how to use our experience in your favor.

Rates of Alcohol Related Traffic Accidents

Driving while under the influence of alcohol is one of the leading causes of collisions, injuries, and fatalities in the United States. Many states, like California, have enacted stiff penalties for alcohol-related traffic accidents and drunk driving because of the possibility of severe consequences. In the United States, there were 12,429 alcohol-impaired fatalities from crashes in 2023. These deaths accounted for 30% of all crash-related fatalities.

In California in 2023, there were 1,355 alcohol-involved fatalities. The number of alcohol-involved fatalities has increased 55% in California from 2014 to 2023. In Rancho Cucamonga, also during 2023, there were a total of 66 alcohol-involved crashes that caused injuries or death. Officers arrested 173 drivers under suspicion of DUI.

DUI cases are handled in the San Bernardino County Superior Court system. Both misdemeanor and felony cases for residents of Rancho Cucamonga are heard at the Rancho Cucamonga Courthouse. Hearings for the Department of Motor Vehicles (DMV) to handle driver’s license suspensions are held at the San Bernardino Driver Safety Office in San Bernardino.

Types of DUI in California

During a traffic stop, or following a traffic accident, officers who suspect a driver may be under the influence of alcohol or drugs may engage in field sobriety testing or require chemical testing to check the driver’s blood alcohol concentration (BAC). Illegal BAC limits vary, but include:

• 08% for drivers over 21 years old
• 01% for drivers under 21 years old or any driver on DUI probation
• 04% for drivers who are traveling with paying customers
• 04% for drivers of commercial vehicles

California Vehicle Code 23152 outlines which behaviors are considered illegal when a driver is under the influence of alcohol or drugs. Under these guidelines, several different types of DUI charges can be filed against a driver. The different types of DUI include:

• Wet Reckless. If you are charged with a first offense DUI but there are mitigating factors or weak evidence, you could receive a plea agreement to reduce the charge to a wet reckless. A wet reckless is a reckless driving citation that involves alcohol or drugs.
• First Offense DUI. The first time a DUI is charged, it counts as a first offense DUI. If your BAC was over the 0.08% limit or if there were aggravating factors, you may not be able to successfully negotiate for the reduced wet reckless charge.
• Second Offense DUI. If you are charged with a DUI within 10 years of a wet reckless or first offense DUI, the penalties are increased, and it becomes more difficult to negotiate for a reduced charge. Jail time becomes mandatory, and you may be required to install an interlock ignition device (IID) on your vehicle.
• Third Offense DUI. A third DUI arrest within 10 years can result in greatly increased penalties. The mandatory jail time is increased, and the requirement for an IID is also more likely.
• Felony DUI. There are three instances where a DUI charge is raised to a felony. A fourth offense DUI within 10 years is charged as a felony. If you have a prior felony DUI conviction, a subsequent charge is also treated as a felony. If the incident leading to the DUI charge caused severe injury or death, the charge is raised to a felony regardless of the number of prior charges.
• Commercial DUI. If you are charged with any DUI offense and hold a commercial driver’s license, you could have your license suspended or permanently revoked.
• Zero Tolerance DUI. California zero-tolerance laws establish additional penalties for drivers under the age of 21 who are charged with a DUI. In addition to standard penalties, an underage DUI can also lead to a longer license suspension.

Any DUI charge can result in serious penalties, including a criminal record and adverse points on your driving record. In addition to large fines and fees, jail time, probation, and educational classes could be required. Serious offenses could result in long license suspensions or the requirement to install an IID. An experienced Rancho Cucamonga DUI attorney can help you build a defense and achieve a more favorable outcome.

Aggravating Factors in a DUI Charge

When arrested for a possible DUI, aggravating factors could result in a more serious charge or prevent your defense attorney from successfully negotiating reduced charges or lighter penalties. Even a first offense DUI charge can be elevated if aggravating factors are present. Common aggravating factors include:

• A BAC of 0.15% or higher
• Excessive speeds, usually 20 to 30 miles over the posted speed limit
• Having a passenger under 14 years of age
• Causing an accident while impaired, especially if injuries or death occur
• Refusing chemical testing
• A prior DUI conviction within the previous 10 years
• Driving on a suspended license
• When stopped, acting aggressively or especially uncooperative

Field Sobriety Testing

The National Highway Transportation Safety Administration (NHTSA) issues police procedures for DUI field sobriety tests (FSTs). California allows refusal of FSTs without fear of penalty. Dozens of FSTs exist, but the NHTSA only recognizes three as valid and reliable for use. These three standardized FSTs are:

1. Horizontal gaze nystagmus test. Officers use an object and instruct you to follow its movements with your eyes. While moving the object, officers look for involuntary eye movements, called nystagmus. When nystagmus begins prematurely, it can indicate a high BAC.
2. Walk and turn test. Officers instruct you to walk nine steps heel-to-toe, turn, and take nine steps heel-to-toe again. This test requires both physical and mental coordination. Failure to perform any part of this test or to maintain your balance could indicate a high BAC.
3. One-leg stand test. Officers instruct you to lift one foot off the ground, hold still, count to a specific number, and then look down at your foot. This test also requires both physical and mental coordination. Failure to follow instructions or remain balanced could indicate a high BAC.

In addition to the three standardized FSTs, officers may use non-standardized FSTs when determining if there is probable cause for a DUI arrest. Common non-standardized FSTs include:

• The hand-pat test
• The finger-to-nose test
• The Romberg balance test
• The finger count test

The NHTSA considers standardized FSTs as accurate indicators of intoxication, but there are many reasons why someone might fail an FST that are not alcohol or drug-related. Considerations when administering FSTs include:

• Surface conditions. FSTs should be performed on a dry, level surface where the person being tested cannot slip or fall. The surface should also allow for ample room to perform the tests.
• Lighting conditions. There must be sufficient light for the person being tested to clearly see the officer administering the test and the ground surface on which the test is being performed.
• Auditory conditions. The testing area must allow the person being tested to clearly hear the instructions for each test.

Failing a Test

There are numerous reasons why someone could fail an FST when they are not over the legal BAC limit. These reasons include:

• Being elderly
• If you are sick or in pain
• If you are sleep-deprived or dehydrated
• If you are taking certain medications
• If you have problems with your back, feet, or legs
• If you suffer from inner ear problems
• Being overweight or obese
• Having brain damage or suffering from a mental disability
• Feeling intimidated or nervous
• The officer moving around or otherwise being distracting
• The instructions are vague or given incorrectly
• Wearing clothes that are unsuitable for the required test
• The test was not timed properly

Chemical Testing

Unlike field sobriety testing, you cannot refuse chemical testing without legal penalties. Implied consent laws state that licensed drivers who drive on public roads have given implied consent to law enforcement to engage in chemical testing if there is probable cause to warrant such a test. The person being tested has the right to choose whether to take a blood or breath test.

Refusing chemical testing can result in fines, jail time, and an automatic one-year license suspension. When a chemical test is required, officers must inform the person being tested of the penalties for refusing. If these penalties are not disclosed, the results of the chemical test could be excluded as evidence. A DUI attorney can help determine if testing was administered legally and correctly.

DMV Hearing

When you are arrested for a suspected DUI, the DMV is automatically notified. If you don’t take action, your license is automatically suspended 30 days after the initial arrest. To prevent this suspension, you have only 10 days to request a DMV hearing. You should have legal representation during this hearing. The DMV hearing process involves:

• Presenting evidence. The arresting officer testifies about the events during the arrest and is likely to present the police report and chemical testing results as evidence. You also have the opportunity to present evidence.
• The DMV hearing officer decides if the license suspension should occur based on a preponderance of the evidence. An experienced DUI attorney can advise on the most appropriate defense strategies during this hearing.
• If you lose your hearing, the automatic license suspension continues, and the overall length of the suspension is determined by the final charge. If you are successful in your hearing, you do not lose your driving privileges unless you are convicted.

The results of the DMV hearing can be used in the criminal DUI case. If you lose your DMV hearing, or do not request one, and your DUI case is dismissed or you are acquitted, your driving privileges may not be automatically reinstated. You may have to petition to have your suspension reversed.

Common DUI Defense Strategies

DUI laws can be complex, and they change frequently. A DUI attorney can evaluate your case and determine which defense strategy fits the specific facts of your case. An effective defense strategy could result in the charges being dismissed or in successfully negotiating for reduced charges or lighter penalties. Common defense strategies include:

• FST challenges. If non-standardized tests were administered or the standardized FSTs were administered incorrectly, it could call into question the legality of the initial arrest and the appropriateness of chemical testing.
• FST administration challenges. Standardized FSTs have to be administered according to established methods. If the FST was not administered correctly, the test results could be challenged.
• Challenge chemical testing equipment. Breathalyzers and similar equipment used for chemical testing must be regularly maintained and calibrated to provide accurate results. If this equipment has not been properly maintained or calibrated, the test results could be invalidated.
• Challenge BAC results. It could be possible to demonstrate that your BAC was not over the legal limit at the time you were driving.
• Lack of intent. Proving that you did not realize you were intoxicated or under the effects of a drug could lead to the charges being dismissed. For example, if you started a new medication or if you ingested something without knowing it had drugs or alcohol in it.
• Established medical history. If you have a medical history of an illness or disorder that could cause erratic driving, it could invalidate the initial traffic stop. Some illnesses could also result in a superficial BAC reading.
• Justified DUI. If you can prove that driving while having an illegal BAC was justified, the charges could be dismissed. For instance, if someone else had a medical emergency and you were the only one who could get them to a hospital.
• Constitutional issues. If your rights were violated during the initial stop or any time after, it could result in evidence being deemed inadmissible. You could challenge the initial stop, the legality of a checkpoint, or whether you were not given your Miranda warning or advised about the consequences of refusing chemical testing.

FAQs

Q: How Much Does a DUI Lawyer Cost in California?

A: There is no standard cost to hire a DUI lawyer in California, but most follow one of two standard billing methods. Some lawyers charge a flat fee for a specific charge. Straightforward cases typically cost less than more complex cases. Conversely, some lawyers charge based on an hourly rate. The more hours it takes to defend your case, the higher the final cost may be. Some also charge an additional trial fee if the case proceeds to trial.

Q: Is It Worth Getting a Lawyer for a DUI in California?

A: Yes, it is worth it to hire a DUI lawyer in California. DUI penalties can be severe, even if it is your first offense. Hiring a defense lawyer can be expensive, but the high cost of a DUI conviction, coupled with the personal and professional restrictions that can occur, makes it worth the investment. You are more likely to secure a plea agreement that could allow for reduced charges when working with a DUI lawyer.

Q: What Is the 10-Day Rule for DUI in California?

A: In California, when a DUI arrest is made, the person who was arrested has 10 calendar days to request an administrative hearing with the DMV to challenge the automatic suspension of their driver’s license. If this 10-day rule is not followed, you lose the right to contest the suspension even if the charges are later dismissed or you are acquitted. At the hearing, you can request that the suspension be paused until the outcome of your case.

Q: Can I Get DUI Charges Reduced in California?

A: Yes, it is possible to get DUI charges reduced in California. Depending on the BAC level, prior DUI history, and the strength of the prosecution’s evidence, several different reductions could be negotiated. A common reduced charge is a wet reckless, which is a reckless driving charge involving alcohol or drugs. It could also be possible to get the charge reduced to a dry reckless or an exhibition-of-speed charge.

Contact Kolacia Law Firm

At Kolacia Law, we are dedicated criminal defense attorneys with a focus on criminal law. Located in Rancho Cucamonga, we have helped clients throughout San Bernardino, Riverside, and Orange Counties. We offer flexible payment plans so you don’t have to settle for less when it comes to quality legal representation. Contact Kolacia Law Firm today to schedule your initial consultation.