California places strict legislation against irresponsible drivers. When you are threatened with a DUI conviction, you must take action as soon as possible. Find a criminal defense lawyer with experience in DUI defense. Our DUI lawyers are no strangers to defending clients with DUI cases.
The legal penalties of driving under the influence in Burlingame are severe and range from fines and jail time to license suspension or revocation. In addition, if someone else has been injured due to your drunk driving, then there may be civil penalties and criminal ones based on negligence laws. It pays to have an experienced Burlingame DUI defense attorney on your side to help you fight the charges and protect your rights. California places strict legislation against irresponsible drivers. When you are threatened with a DUI conviction, you must take action as soon as possible. Find a criminal defense lawyer with experience in DUI defense. Our DUI lawyers are no strangers to defending clients with DUI cases.
Our Burlingame DUI attorneys have profound knowledge of local DUI laws. We can help you with all the legal assistance you need. From a DUI case analysis to negotiation and representation, we are here to help you! Contact our DUI law office now for further information.
WHAT TO EXPECT WHEN FACING A DUI IN BURLINGAME
When you are charged with DUI, there are a lot of events that can happen. It’s crucial that you set the right expectations when arrested for driving under the influence. We listed some information below to help you understand what you must expect when charged for DUI.
- License suspension. After your arrest, the arresting officer will confiscate your driver’s license and issue a notice of suspension or revocation. The length of your driver’s license suspension will depend on whether this is your first, second, or third DUI offense.
- DMV hearing: You have ten days to request a DMV hearing. A DMV hearing will determine if your driving privilege will be suspended or revoked or whether there is a possibility of restricted driving privilege for work purposes. In addition, the court may even order you to install an interlock device.
- Arraignment. This is your first court appearance, and the judge will advise you of the charges against you. At this point, you will also submit a guilty or not guilty plea.
- Lawyer consultation. This will be the first meeting if you have already hired a DUI lawyer in Burlingame. Your employed DUI lawyer will go over the case with you and advise you of the best defense strategies.
- Trial for your DUI case. If you plead not guilty and the case is not dismissed, this will be your next court appearance. A trial date will be set, and all further procedures for this case will occur in the courtroom.
TYPES OF BURLINGAME DUI CHARGES AND PENALTIES
A Burlingame DUI arrest has varying levels of penalties depending on the times you committed a DUI. If you received a DUI conviction for the first time, you might receive more lenient penalties than those who committed DUI for the third time. If you received a DUI conviction in the past, it would be best for you to stir away from trouble until your former drunk driving criminal case clears.
As mentioned above, a DUI case in California has differing charges. The penalties for these charges vary in the same way. The court will decide on a defendant’s punishments depending on the instances they committed driving with the influence (DWI). A first-time offender may face a milder penalty than a repeat offender.
FIRST OFFENSE MISDEMEANOR DUI PENALTIES
If this is your first time committing a DUI, your DUI charge will fall under a misdemeanor. For a first misdemeanor offense, you will have to pay the minimum penalty fines of up to $1800. In addition, you will also have to render 48-hour imprisonment and a four-month license suspension. You will also have to enroll in an alcohol treatment program costing around $500.
On the other hand, the maximum penalties you can receive are $3600 fines, up to six months imprisonment, a longer alcohol treatment program, and a license suspension. The weight of your consequences will differ depending on the nature of the offense.
SECOND OFFENSE MISDEMEANOR DUI PENALTIES
A second misdemeanor DUI case has harsher penalties than a first offense charge. You will be imprisoned for up to 96 hours, which is longer than a first offense. Furthermore, you will also receive a one-year license suspension. Moreover, you will also receive restricted driving privileges for two years.
In addition, you also have to complete an 18-month alcohol treatment program at your own cost. For a second DUI conviction, the court will require you to install an ignition interlock device.
For maximum penalties, your $1,800 penalty fines will bump up to $4,000. Your prison time will also increase to one full year and your license suspension to two years.
THIRD OFFENSE MISDEMEANOR DUI PENALTIES
If you committed three DUI convictions, your penalties would be more severe. You will have to serve a mandatory 120 days imprisonment and receive a three-year license suspension with no restricted driving privileges. In addition, you will also have to install an ignition interlock device.
For maximum penalties, your fines will amount to $18,000. Your prison sentence will also go up to one year, and your license suspension can last up to four years. Moreover, you will also have to undergo a mandatory 30-month alcohol treatment program amounting to $1800.
FOURTH OFFENSE FELONY DUI PENALTIES
As mentioned before, the penalties for a DUI charge increase with every instance. If you committed four DUI offenses, your charge would be elevated to a felony. You will have to serve 16 months imprisonment and receive a four-year license suspension. You will also have to undergo a 30-month alcohol treatment program.
For maximum penalties, a felony penalty fine is greater than $10,000. Your prison sentence can last up to two years, while your license suspension can go up to five years. Also, the court will require you to install an ignition interlock device.
FELONY INJURY DUI PENALTIES
If you injured someone because of your DUI, you would be facing felony charges. You will have to up to three years imprisonment and receive a maximum of 10-year license revocation. You will also receive formal probation for your DUI charge.
In addition to these punishments, you are required by the law to provide restitution to the DUI victim. The court will have to assess the total amount of damages the victim sustained, and you will have to pay that amount.
AGGRAVATING FACTORS THAT WILL ENHANCE YOUR DUI PENALTIES
Most states list aggravating factors that will enhance the violator’s punishment. Here are some aggravating factors that will improve your DUI punishments in Burlingame.
- Blood alcohol concentration. If your BAC is above 0.15%, you will be facing an additional three months with your alcohol treatment program. If your BAC is above 0.20%, you will receive an additional six months to your treatment program. This will further prolong the time when you can retrieve your license.
- Prior convictions. If you’ve been convicted of a DUI in the past, the penalties for your current charge will be harsher. As established earlier, as the instances of your DUI convictions increase, your punishment will also increase.
- Refusal to partake in chemical tests. The court can charge you with harsher penalties if you refuse to take a chemical test. The court will double the minimum mandatory punishment you can receive. The court will also subject you to an extra year of license suspension without restriction privileges.
- Overspeeding. You would receive an additional 60-day flat sentence if you were caught overspeeding.
- Presence of a minor under 14 years old in the car. If you were caught driving with a juvenile under the age of 14, your judge could double your minimum DUI penalties.
HOW TO WIN A BURLINGAME DUI CASE
If you received DUI charges, you would have to prove your innocence. The prosecution must prove beyond reasonable doubt that you committed the crime.
First, you must consult a DUI attorney as soon as possible to review the details of your DUI case. They will evaluate your situation and assess the best defense strategies. You need a Burlingame DUI defense attorney who possesses knowledge and experience defending such cases to represent you.
Second, your expert Burlingame driving under influence attorney should be able to find loopholes within the prosecution’s case. They must establish contradictions that can point towards your innocence with hard evidence.
Third, your Burlingame DUI defense lawyer will negotiate with the prosecutor for lesser charges if possible to avoid conviction. Your Burlingame DWI lawyer can provide compelling evidence that could reduce your sentence or even prevent it. Your party can use testimonies from credible witnesses to support your innocence.
There are various ways to win a DUI case, but your lawyer is crucial to your success. You must find and hire an experienced Burlingame DUI defense attorney familiar with your case. Summit Defense lawyers have extensive years of representing DUI clients and helping them have their charges reduced.
COMMON LEGAL DEFENSES AGAINST DUI CHARGES IN BURLINGAME CA
Your party can use several legal defenses to support your position in the case. The following are some common legal defenses your Burlingame DUI lawyer can use to help you get acquitted of your charges:
- Improper arrest. The arresting officer may not have had probable cause to make the arrest. The officer may have also failed to read you your Miranda rights.
- Lack of evidence. The prosecution may not be able to produce sufficient evidence that proves you were driving under the influence. This could be due to inaccurate blood alcohol concentration tests or field sobriety tests.
- Inaccuracy of sobriety test. Field sobriety tests are often inaccurate and easily challenged by your Burlingame DUI defense lawyer.
- You have rising blood alcohol concentration. Your BAC increases in the time between testing and arrest. Therefore, your Burlingame DWI lawyer can accuse the prosecution of inaccurate BAC reports.
- The victim presents inconsistent facts. The officer’s report may contain conflicting points that will help you challenge the prosecution.
THE DMV HEARING
If an arresting office suspects you are driving under the influence, the DMV will automatically suspend your license. You are legally obligated to request a hearing to contest the suspension. This is separate from your criminal trial and must be done within ten days of your arrest.
The DMV will ask you questions such as if you think that you were lawfully arrested. They will also confirm your facts and if you believe that the arresting officer made the right decision to believe you are driving under the influence.
Your Burlingame DUI lawyer will represent you in this hearing and argue on your behalf. They can provide compelling evidence that could prevent the suspension of your license. Summit Defense lawyers have years of experience winning DMV hearings for our clients.
CONTACT A BURLINGAME DUI ATTORNEY IF YOU’RE WRONGFULLY CHARGED WITH A DUI IN BURLINGAME, CALIFORNIA
If received a DUI charge in Burlingame, contact Summit Defense Attorneys. Our years of experience and knowledge in this field will help you have your charges reduced or, at best, dismissed. We offer free consultations to all clients. Our expert legal advice helped the lives of countless clients in the past.
Call us now at (650) 763-8766 or complete our form on our contact page. If you need an experienced, efficient, and successful lawyer to handle your case, hit our phone number now!
Burlingame Court Information
Hall of Justice and Records
Cases Handled: All criminal cases in San Mateo area
Traffic Division Southern Branch (Annex)
Cases Handled: Traffic offenses
BURLINGAME JAIL INFORMATION
Maple Street Transitional Facility
Maguire Correctional Facility