Experienced Local DUI Attorney Gurjit Srai Serving San Joaquin, Fresno, Merced Counties
A DUI is a serious criminal charge under California law. A conviction can damage your reputation as well as impact other parts of your life. However, a DUI is a charge that experienced defense attorneys routinely beat. It is important that you understand there are options after getting arrested for a DUI. You may be able to reduce the charges against you, block evidence against you, and negotiate a lighter sentence or even get the charge dismissed altogether.
The legal team at the Srai Law Office has a deep understanding of complex DUI laws and DMV regulations. We aggressively represent our clients who are faced with drunk driving charges.
Drunk driving lawyer Gurjit Singh Srai serves communities across the Central Valley. He has defended many individuals facing drunk driving charges. Our legal team will do everything possible to help you avoid a DUI conviction. For more information or to learn how we can help you, contact the Srai Law Office.
DUI Laws Are Harsh – Get the Best Defense with an Experienced DUI Defense Lawyer
Motorists convicted of a DUI face harsh penalties, including jail, hefty fines, vehicle impoundment, community service and DUI school, even the required use of an interlock ignition device in their car. In California, the public has little tolerance for drunk driving. California district attorneys vigorously prosecute each drunk driving case. Even a first DUI offense can be prosecuted as a felony if substantial injuries are involved.
This is why you need the best drunk driving attorney in Stockton to prevent a conviction of the DUI charges against you. You need an aggressive DUI attorney to carefully explain each step of the process and work hard to achieve the best result possible for your case.
Different Types of DUI Charges
First time DUI’s are treated as less serious than repeat offenses under California law. As such, the law has separate sets of penalties and consequences for first offense, second offense, and third and beyond DUI offenses. This makes drunk driving laws very complicated. Even two drivers with the same blood alcohol content can face different charges under the law.
We understand the devastation and confusion you may be dealing when facing a drunk driving charge. This is particularly why we place every effort in maintaining your confidentiality, integrity and privacy when you choose our firm to represent you in your drunk driving matter.
Testing Driver Impairment
A police officer only needs probable cause to arrest you for impaired driving, even if your blood alcohol content (BAC) is under .08. Probable cause means the officer has a reasonable suspicion that you are impaired.
Probable cause can be developed a few different ways. One way is for the officer to observe your behavior. Some common suspicious behaviors of motorists include:
- Hesitating to pass through a green light
- Driving in multiple lanes at once
- Weaving from lane to lane
- Driving excessively slowly
After the officer has pulled you over, he or she will observe your behavior and physicality. Some examples of behaviors and physical traits that an officer may look for to determine probable cause include:
- Red or bloodshot eyes
- Dilated pupils
- Smell of alcohol or drugs
- Slurred speech
- Erratic behavior
If the officer determines that you are intoxicated, he or she may ask that you submit to several field sobriety tests. These tests are ways for the officer to gauge if you are under the influence. Examples of commonly used field sobriety tests include:
- Following a moving object with your eyes while keeping your head still
- Walking a straight line, turning and repeating
- Balancing on one foot with your arms to the side
However, the results of a field sobriety test are not conclusive and do not necessarily mean that you will be convicted of a DUI. Our experienced Stockton drunk driving attorneys are able to challenge the results of these tests and even prevent them as evidence in DUI proceedings.
Navigating The Complex DUI Court System
Court proceedings in a DUI case can be complicated, often involving scientific and technical aspects of criminal law and the bureaucracy of the Department of Motor Vehicles. At the Srai Law Office, we will thoroughly investigate every aspect of your DUI case, bringing in additional expertise as necessary to ensure you receive fair treatment during the legal process.
If you have been charged with a DUI, you should not risk your career and personal life. It is in your best interest to get the best possible defense against drunk driving charges with a knowledgeable Stockton DUI attorney who routinely handles these types of cases under California’s complicated DUI laws.
Challenging Drunk Driving Cases
There are a number of situations in which a drunk driving charge can be successfully challenged by an experienced DUI defense lawyer. Your attorney should leave no stone unturned, and investigate all of the following elements of your case:
Field sobriety tests may inaccurately measure impairment. Several different factors may affect a driver’s ability to perform these tests such as pre-existing injury, medication, weather, and other medical conditions. The tests must be done in strict accordance with written guidelines.
Inaccurate BAC results. Faulty equipment, improper handling of test results, or readings that measure alcohol on or in the mouth instead of in the body can affect BAC tests.
Failure of law enforcement officers to follow standard DUI procedures. California law requires that numerous regulations be followed during a DUI arrest, including a 15-minute observation period of the driver before a BAC test is administered.
The Elements of California Drunk Driving Conviction
The elements of a California DUI may seem simple, but an experienced Fresno DUI defense attorney has specialized knowledge of the complexities of a DUI case and will use the details to a client’s advantage. Our firm specializes in DUI and DMV defense and we will conduct an in-depth inquiry regarding your DUI investigation that led to your arrest.
In order to convict you of a DUI, the prosecution must show that you were (1) driving and (2) that you were under the influence of alcohol, drugs or any other controlled substance at the time of driving. California Jury Instructions for Vehicle Code §23152 explains that a person is considered “under the influence” if:
“As a result of consuming an alcoholic beverage and/or taking a drug, the person’s mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.”
If the state can prove that your blood alcohol content (BAC) was 0.08% or more at the time that you were driving, it gives them a rebuttable presumption that you were under the influence. In other words, this means that if your BAC was 0.08% or more, you are presumed to be under the influence, unless your Fresno DUI defense attorney can prove otherwise.
The Consequences of a California DUI Conviction
A drunk driving conviction has consequences in both the criminal court systems and with the Department of Motor Vehicles (DMV). Both can have an impact on the your career, driving privileges, social life, freedom and reputation.
Criminal Court System Consequences
A permanent criminal record can result from either a felony or misdemeanor DUI, depending on the charges in the case. Other serious criminal consequences may include large fines, probation, mandatory attendance of AA, and jail time. The criminal court system also has the discretion of suspending your driver’s license. This suspension is in addition to the DMV license suspension.
The DMV is very harsh when it comes to drunk driving cases. If a motorist has been convicted of a DUI, the DMV will automatically suspend his or her driving privileges unless the motorist can successfully defense his or her cases at an APS hearing. The length of the suspension in a DUI case depends on various factors, such as:
- The motorist’s driving record and prior DUIs
- Whether the DUI involved a fatal accident
- Whether the individual submitted a blood or breath sample and what the results were
A first DUI offense will typically result in a 4-month suspension and require you to attend alcohol education classes. If you refused to submit a chemical blood or breath sample, the suspension can be increased to one year for the first time offense. Subsequent DUI offenses will result in much greater suspension periods, or even up to a lifetime duration if the DUI involved a fatal accident.
In addition, a DUI conviction can also result in a significant increase in your insurance premiums.
Drunk driving convictions are expensive and life-altering. If you or a loved one has been arrested and/or charged with a DUI, it is imperative that you immediately consult with an experienced and knowledgeable Stockton drunk driving lawyer to protect your legal rights and avoid these harsh consequences.
How a Stockton DUI Attorney Can Help
A successful drunk driving defense starts early because it is necessary to gather important evidence while it is still available. As such, immediately hiring an attorney after a DUI arrest is important to successfully resolving your case.
At the Srai Law Office, our experienced legal team will work hard to protect your legal rights after a DUI arrest. We can help you:
- Obtain a not guilty verdict and dismissal at trial
- Prevent a driver’s license suspension
- Keep you out of jail
- Avoid serious fines and penalties
Each case is fact specific, meaning the specific facts of your case will determine the outcome. Although a dismissal may not be available in every DUI case, an experienced attorney can at least help reduce the resulting penalties. With the strong legal team at Srai Law Office on your side, you can be confident that you will obtain the best results possible in your case.
Contact an Experienced Drunk Driving Law Firm
The Fresno drunk driving attorneys at the Srai Law Office provide experienced, quality legal assistance to individuals charged with drunk driving. Everyone deserves the best defense possible, and attorney Gurjit Srai is prepared to fight for you.
For more information or to schedule a complimentary consultation with one of our Fresno DUI lawyers, please call us at (209) 323-5558 or (559) 314-2796, or complete our online form.