Driving Under The Influence (DUI)2020-12-29T17:07:53+00:00

A drunk driving conviction in the Riverside, California region can have a devastating impact on your future, your freedom, and your finances. In addition to potential criminal penalties like jail time and fines, getting convicted for a DUI in or around the Inland Empire can limit your ability to work, care for your children, and go to school.

An experienced Riverside DUI defense attorney can protect your rights and fight to make sure the California criminal justice system treats you fairly. If you face a drunk driving charge in Riverside and its environs, do not wait to seek skilled, knowledgeable legal help. Contact Riverside DUI defense attorney Kathleen G. Alvarado today.

California Drunk Driving Penalties

Make no mistake, drunk driving is a serious crime. The criminal penalties for drunk driving in California can have a serious, lasting impact on your life. The penalties for a first-offense DUI in California include:

  • Up to $1,000 in fines;
  • A maximum of six months in county jail; and
  • Up to 10 months of driver’s license revocation.

The law treats repeat DUI convictions even more severely, increasing the length of time of potential license suspensions and jail time, among other consequences.

And those are just the criminal penalties. DUI convictions also have significant carryover effects on your life and relationships. They limit your employment options or cause you to lose your job. They have a social impact, taking a heavy toll not just on you, but your family and friends. They raise your insurance premiums, or make it difficult to get insurance altogether.

How An Experienced DUI Defense Lawyer Can Help

Riverside-area residents, workers, and visitors who face DUI charges need skilled, experienced legal representation to protect their futures, freedoms, and finances. Through diligent, intelligent advocacy, felony DUI lawyers such as Kathleen G. Alvarado and her team fight to make sure individuals charged with DUI offenses get fair treatment by prosecutors and judges. Although every DUI case has its own facts and circumstances that make it unique, Attorney Alvarado has the resources and know-how to:

  • Investigate your DUI charge to identify potential defenses, which may include challenging the results of breath or chemical tests or how they were conducted, identifying reasons a chemical test may have rendered a false positive, and exploring other factors that could limit the State’s ability to prove beyond a reasonable doubt that you drove under the influence.
  • Negotiate with prosecutors to seek a dismissal or reduction of charges (such as to a charge of “wet reckless”, which permits shorter jail time, reduced fines, and retention of driving privileges), or to pursue the State’s agreement to sentencing alternatives like work release or house arrest.
  • Represent you in proceedings at the Department of Motor Vehicles seeking a restricted license or applying for reinstatement of your license.
  • Appear in court on our behalf to present evidence and legal arguments for why you should not be convicted, or to advocate for a lenient sentence or alternative disposition of your case.

Do not trust just any lawyer with your DUI defense in Riverside. California courts process a high volume of DUI cases, putting defendants accused of drunk driving at the mercy of a system that can seem designed to grind through them rather than to take their particular circumstances into account. A skilled DUI defense attorney like Kathleen Alvarado works to prevent her clients from becoming just another criminal justice statistic. She speaks the language of California DUI law, and understands the sensitivities and priorities of local prosecutors and judges that can influence the outcome of a first time or repeat offense DUI case.

How An Experienced DUI Defense Lawyer Can Help

Riverside-area residents, workers, and visitors who face DUI charges need skilled, experienced legal representation to protect their futures, freedoms, and finances. Through diligent, intelligent advocacy, DUI defense attorney Kathleen G. Alvarado and her team fight to make sure individuals charged with DUI offenses get fair treatment by prosecutors and judges. Although every DUI case has its own facts and circumstances that make it unique, Attorney Alvarado has the resources and know-how to:

  • Investigate your DUI charge to identify potential defenses, which may include challenging the results of breath or chemical tests or how they were conducted, identifying reasons a chemical test may have rendered a false positive, and exploring other factors that could limit the State’s ability to prove beyond a reasonable doubt that you drove under the influence.
  • Negotiate with prosecutors to seek a dismissal or reduction of charges (such as to a charge of “wet reckless”, which permits shorter jail time, reduced fines, and retention of driving privileges), or to pursue the State’s agreement to sentencing alternatives like work release or house arrest.
  • Represent you in proceedings at the Department of Motor Vehicles seeking a restricted license or applying for reinstatement of your license.
  • Appear in court on our behalf to present evidence and legal arguments for why you should not be convicted, or to advocate for a lenient sentence or alternative disposition of your case.

Do not trust just any lawyer with your DUI defense in Riverside. California courts process a high volume of DUI cases, putting defendants accused of drunk driving at the mercy of a system that can seem designed to grind through them rather than to take their particular circumstances into account. A skilled DUI defense attorney like Kathleen Alvarado works to prevent her clients from becoming just another criminal justice statistic. She speaks the language of California DUI law, and understands the sensitivities and priorities of local prosecutors and judges that can influence the outcome of a first time or repeat offense DUI case.

Quick Answers to Common DUI Questions

Individuals in Riverside facing a DUI often have pressing questions about their risks and legal rights. Here are the answers to a few of the most common questions about facing and fighting a DUI charge.

If I’m arrested for DUI, do I have to agree to a breath or blood test?

You never have to do a breath test, but you face serious consequences for refusing one. By law, California drivers are deemed to have consented to a blood or breath test. If they refuse, then they face immediate suspension of their driving license for a year. If later convicted of DUI, they also face a fine and a mandatory jail term.

Do I have to agree to do field sobriety tests if I’m just pulled over, but not arrested?

Again, you usually do not, but there are risks. The officer who pulls you over may ask you to submit to a field sobriety test, which can consist of a variety of techniques, including a preliminary alcohol screening. The officer cannot force you to agree to these tests, and consenting to them does not satisfy your obligation to submit to a breath or blood test if you are arrested. However, refusing field sobriety testing could well lead an officer to decide to arrest you.

When should I call a lawyer?

Immediately. Do not wait a second to contact an experienced DUI defense lawyer after getting arrested for any DUI offense. Your rights are at risk, and saying or doing the wrong thing could put your future in even greater jeopardy. In the meantime, say nothing to anyone about the charge, including the police.

Can a first-time DUI be dismissed?

In some cases, California judges look for opportunities for alternative sentencing for first-time DUI offenders. For example, Accelerated Rehabilitative Disposition (ARD) is often offered to first-time DUI offenders so long as their DUI did not involve any harm to others or property damage. For example, suppose a first-time DUI offense resulted from a random traffic stop. If the arrested driver did not harm anyone and has a clean record, a judge might consider them eligible for ARD.

The ARD program typically involves mandatory drug and alcohol counseling, community service, and driver safety courses. Upon completion of ARD, eligible individuals may have their DUI charges dropped. ARD is typically not available to individuals who have records of multiple DUI violations.

Can a first-time DUI be dismissed?

In some cases, California judges look for opportunities for alternative sentencing for first-time DUI offenders. For example, Accelerated Rehabilitative Disposition (ARD) is often offered to first-time DUI offenders so long as their DUI did not involve any harm to others or property damage. For example, suppose a first-time DUI offense resulted from a random traffic stop. If the arrested driver did not harm anyone and has a clean record, a judge might consider them eligible for ARD.

The ARD program typically involves mandatory drug and alcohol counseling, community service, and driver safety courses. Upon completion of ARD, eligible individuals may have their DUI charges dropped. ARD is typically not available to individuals who have records of multiple DUI violations.

Does a DUI conviction ruin your life?

Any DUI conviction can have dramatic consequences on the offender’s private and professional life. Some individuals could face severe fines, jail time, and other legal penalties that create compounded financial struggles. Others may lose their licenses to professional practice, further hindering future job opportunities. There are many ways a DUI conviction can negatively impact your life, so it is vital to seek legal counsel when you are facing any DUI charge.

California and most other states have a sliding scale when it comes to penalizing DUI violations. First-time violations typically lead to fines, license suspension, jail time, and other penalties as the situation dictates. Subsequent violations sharply increase these penalties each time. An individual with a record of multiple DUI convictions could have a very hard time finding a job.

A Riverside DUI defense attorney is a tremendous asset if you are concerned about your DUI conviction’s impact on your life. Your attorney’s job is to do everything they can to ensure the lightest possible sentencing for your DUI case.

First DUI Offense: What to Expect

Many California drivers have found themselves in this situation: they misjudged how much they had to drink before driving, and now a police officer has pulled them over to the side of the road. In California, a police officer must have probable cause to initiate a traffic stop. This means the officer must have reason to suspect a driver is intoxicated before they initiate a stop. Some of the most common reasons police officers cite for initiating suspected DUI traffic stops include:

  • Erratic driving. Drivers under the influence of alcohol do not possess their typically spatial awareness or reaction time. Swerving, failure to maintain position in the lane, or minor moving violations could all constitute probable cause for a police officer, allowing them to initiate traffic stops for suspected DUI.
  • DUI checkpoints. In many communities across the US, law enforcement officers arrange random traffic stops at high-risk times and in high-risk locations. For example, holiday weekends often mean lots of people out partying, so police may erect random checkpoints at areas where drunk driving would pose the greatest threat.
  • Driving under the influence significantly increases the chances of an accident; either a single-vehicle crash or a multiple vehicle accident might occur. Suppose the police respond to a call about a traffic accident and discover one of the drivers to be intoxicated. In that case, they will likely arrest the impaired driver unless emergency medical care is necessary.
  • Moving violations. Police officers often initiate traffic stops for moving violations such as illegal lane changes, illegal passing, speeding, running red lights and stop signs, or aggressive driving. Drivers under the influence of alcohol or drugs are more likely to commit moving violations by accident. They are also more prone to engage in risky or dangerous maneuvers on the road.

These are just some of the ways a police officer might find probable cause to initiate a traffic stop for suspected DUI. If you believe that the police conducted an illegal stop or otherwise violated your Constitutional rights during a suspected DUI stop, call our firm. It’s vital to raise your concerns with an experienced Riverside DUI defense attorney as soon as possible.

The outcome of your first DUI conviction will vary based on the severity of the DUI charge against you. If you hurt anyone, caused significant property damage, or resisted arrest, you could face criminal charges beyond DUI. Your Riverside drunk driving lawyer can advise you of the best available defenses in your case.

First DUI Offense: What to Expect

Many California drivers have found themselves in this situation: they misjudged how much they had to drink before driving, and now a police officer has pulled them over to the side of the road. In California, a police officer must have probable cause to initiate a traffic stop. This means the officer must have reason to suspect a driver is intoxicated before they initiate a stop. Some of the most common reasons police officers cite for initiating suspected DUI traffic stops include:

  • Erratic driving. Drivers under the influence of alcohol do not possess their typically spatial awareness or reaction time. Swerving, failure to maintain position in the lane, or minor moving violations could all constitute probable cause for a police officer, allowing them to initiate traffic stops for suspected DUI.
  • DUI checkpoints. In many communities across the US, law enforcement officers arrange random traffic stops at high-risk times and in high-risk locations. For example, holiday weekends often mean lots of people out partying, so police may erect random checkpoints at areas where drunk driving would pose the greatest threat.
  • Driving under the influence significantly increases the chances of an accident; either a single-vehicle crash or a multiple vehicle accident might occur. Suppose the police respond to a call about a traffic accident and discover one of the drivers to be intoxicated. In that case, they will likely arrest the impaired driver unless emergency medical care is necessary.
  • Moving violations. Police officers often initiate traffic stops for moving violations such as illegal lane changes, illegal passing, speeding, running red lights and stop signs, or aggressive driving. Drivers under the influence of alcohol or drugs are more likely to commit moving violations by accident. They are also more prone to engage in risky or dangerous maneuvers on the road.

These are just some of the ways a police officer might find probable cause to initiate a traffic stop for suspected DUI. If you believe that the police conducted an illegal stop or otherwise violated your Constitutional rights during a suspected DUI stop, call our firm. It’s vital to raise your concerns with an experienced Riverside DUI defense attorney as soon as possible.

The outcome of your first DUI conviction will vary based on the severity of the DUI charge against you. If you hurt anyone, caused significant property damage, or resisted arrest, you could face criminal charges beyond DUI. Your Riverside drunk driving lawyer can advise you of the best available defenses in your case.

Know Your Rights

A police officer who suspects a driver is operating their vehicle under the influence may request the driver submit to a preliminary breath test to check their blood-alcohol concentration (BAC). California state law requires drivers to submit to chemical testing for DUI after a legitimate arrest, but there is no impetus for a driver to submit to a preliminary screening. It’s not uncommon for police officers to try and coerce stopped drivers into submitting to these preliminary screenings. They will use positive results of BAC readings over .08% to justify DUI arrests. The police must establish probable cause to arrest a suspect legitimately. The suspect must then submit to chemical DUI testing at the booking facility upon intake.

Remember that every US citizen has certain rights during an arrest. These include the right to remain silent and the right to legal counsel. It’s vital to take full advantage of both of these rights. Saying the wrong thing at the wrong time could amount to self-incrimination, and failure to secure legal counsel as soon as possible could lead to a much harsher punishment than your Riverside drunk driving lawyer could have ensured.

WHY YOU NEED LAWYERS YOU CAN TRUST

It’s not unusual for those charged with DUI to try and save money on legal fees by sticking with public defenders free of charge. The vast majority of these public servants are dedicated and hardworking attorneys. Still, they manage many cases at a time and provide minimal one-on-one legal counsel to each client. While a public defender may save you money, they simply cannot provide the level of individualized legal counsel you would receive from an experienced private Riverside DUI defense attorney.

California prosecutors pursue DUI convictions aggressively, and you can expect the police to try and find anything and everything they possibly can use against you in building their case. The sooner you connect with reliable and experienced legal representation, the better your chances will be of avoiding the harshest possible penalties on the table.

WHY YOU NEED LEGAL COUNSEL YOU CAN TRUST

It’s not unusual for those charged with DUI to try and save money on legal fees by sticking with public defenders free of charge. The vast majority of these public servants are dedicated and hardworking attorneys. Still, they manage many cases at a time and provide minimal one-on-one legal counsel to each client. While a public defender may save you money, they simply cannot provide the level of individualized legal counsel you would receive from an experienced private Riverside DUI defense attorney.

California prosecutors pursue DUI convictions aggressively, and you can expect the police to try and find anything and everything they possibly can use against you in building their case. The sooner you connect with reliable and experienced legal representation, the better your chances will be of avoiding the harshest possible penalties on the table.

EXPERIENCED RIVERSIDE DUI CRIMINAL DEFENSE LAWYER

You will need a strong line of defense against a DUI charge in Riverside, whether it is your first time or a repeat offense. At the Law Offices of Kathleen G. Alvarado, we have decades of criminal defense experience. We fight to make sure our clients get a fair shake from law enforcement officers, prosecutors, judges, and juries, whether that means fighting a charge tooth-and-nail, negotiating a plea, or arguing for the most lenient sentence available under California law.

Your DUI does not have to leave your life in ruins, but it can if you do not act quickly to retain experienced, skilled DUI defense counsel. Contact the Law Offices of Kathleen G. Alvarado today to discuss your DUI charge.

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