Pomona DUI Defense Lawyer
Our attorney at Lucero, PC is a proven advocate for people who have been charged with driving under the influence (DUI) in California or driving while intoxicated (DWI) in New York. For more than eight years, our attorney has represented clients in both states, working aggressively to protect their rights and preserve their freedom. Charges for drunk or intoxicated driving can carry serious consequences, from jail time, license suspensions, and fines. For counsel and advocacy that can be crucial in your case, seek our help as soon as possible.
Get in touch with us by calling (213) 668-7779 or contacting us online.
How California and New York Define DUI
California defines DUI in the following ways:
- You must have a blood alcohol content (BAC) that meets or exceeds 0.08% while operating a motor vehicle
- If your BAC is below .08%, you must show signs of impaired cognitive or motor function from the effects of drugs or alcohol
The laws in New York for driving under the influence of alcohol or drugs are different than those in California in a few ways. To start, the state uses the term “driving while intoxicated.” New York law also includes a variety of DWI charges for different situations, including:
- Standard DWI charges when your BAC is 0.08% or more
- Aggravated DWI charges for operating a vehicle with a BAC over .18%
- If you operate a vehicle with a BAC between 0.05% and 0.08% you will face driving while ability impaired (DWAI)
- If you are under the influence of any kind of recreational, illegal, or prescription drug while operating a vehicle, you will face a DWAI-Drug charge
One important distinction between the DUI/DWI laws in these two states is that in California you cannot face DUI charges for only sitting in a car while drunk or intoxicated. The same is not true in New York, where you could be charged with DWI for being behind the wheel of your vehicle with a BAC over the legal limit, even if is not running.
Penalties for DUI Convictions
The severity of penalties for DUI in California generally depend on how many times a person has been convicted of the same crime.. A first-time offense, for example, can result in penalties of up to 6 months in jail and a fine of $1,000. For second and third offenses the consequences increase, maxing out at 1 year in jail, $1,800 in fines, a license suspension of 3 years, and mandated use of an ignition interlock device (IID) for up to 2 years. A fourth DUI charge is a felony and can result in penalties of up to 3 years in prison, fines of $1,000, a revoked driver’s license.
In New York, a first DWI can result in penalties of $1,000 in fines, 1 year in jail, and a 6-month license revocation. As is the case with California, the penalties increase in severity for additional convictions. Three or more DWI or DWAI convictions could result in a maximum of $10,000 in fines, 7 years in jail, and a 1 year license suspension.
California’s DMV Hearing
If you have been charged with a DUI in California, you must attend an administrative DMV hearing. This meeting is separate from your criminal trial, and it concerns your ability to drive in the state.
Here is what to know about the DMV hearing:
- You must schedule your DMV hearing within 10 days after your arrest
- If you do not schedule a DMV hearing, the state will suspend your license 30 days following the arrest
- Our Pomona DUI lawyer can represent you at the DMV hearing and make arguments that demonstrate why you should keep your license
- A DMV officer will consider the evidence of your arrest, your BAC, whether you submitted to a field or chemical test, and other information you and your attorney bring to the hearing when determining whether to suspend your license
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The laws governing what a driver can or cannot do if an officer asks them to perform a field sobriety test (FST) or a blood or breath test are similar in California and New York. Both states do not require a driver who has been pulled over to participate in a FST such as a walk-and-turn test. They also have laws that require individuals to participate in blood or breath tests, and in both states, refusing a test could result in fines and a license suspension.
Officers need probable cause to pull you over or make an arrest, and they must ask you to consent to a test. When you trust Lucero, PC with your DUI or DWI case, we will take care to examine the circumstances of your arrest and advocate for you if law enforcement infringed on your rights. Throughout the entire legal process, we will also endeavor to protect your rights inside and outside of court and fight to minimize your charges or see that they are dropped, when possible.
To schedule a free consultation with our Pomona DUI attorney, call us at (213) 668-7779 or contact us online.