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Frequently Asked Questions
Thomas V. Wallin
DUI Lawyer San Bernardino
What is a California DUI arrest?
Why do I need to contact a DUI lawyer?
I was just arrested for California DUI. What should I do?
Why do I have to attend two different hearings?
What are the penalties if I lose the DMV and DUI hearings?
Must I personally attend court or can my attorney go in my place?
What are the possible defenses to a California DUI charge?
Is a California DUI charge considered a misdemeanor or a felony?
What California DUI penalties can I expect?
What is California DUI Sentence Enhancement?
How much will a California DUI attorney cost?
How do I secure an experienced California DUI attorney?
What is a California DUI arrest?
DUI stands for Driving Under the Influence (of alcohol or drugs). In California, when a DUI arrest is made, you could face serious penalties, depending on the factors surrounding your DUI arrest. As California DUI penalties vary according to each DUI case, defendants should always secure the services of a skilled DUI attorney to ensure a solid defense.
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Why do I need to contact a DUI lawyer?
DUI lawyers specialize in California DUI defense cases. Your DUI lawyer (or attorney) will request a hearing on your behalf from the DMV (Department of Motor Vehicles) within the allotted 10-day timeframe. A DUI attorney, such as Thomas Wallin, knows the legal system inside and out, including the judges in San Bernardino and surrounding Los Angeles counties. Mr. Wallin will ensure that you walk away with the best possible outcome for your California DUI charges.
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I was just arrested for California DUI. What should I do?
The process for California DUI arrests are the same all over the state, whether they occur in San Bernardino, Los Angeles, Southern, or Northern regions. Defendants should be prepared to do the following:
- Collect all of the facts surrounding your California DUI arrest
- Take detailed notes of conversations between you and the police officers (and any other persons present during the arrest). It is important to include what was said by you and what was said to you, to the best of your recollection
- List any and all potential witnesses present when you were stopped and when you were drinking prior to the DUI arrest
- Gather all of your paperwork, including:
- Citation
- Notice of Suspension (pink copy)
- Temporary Driver's License DMV Form DS-367
- Any documents given to you by the police
- Expect to attend two criminal court hearings:
- DMV court hearing
- DUI court hearing
- Contact a DUI lawyer immediately who will arrange your hearings and represent your case
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Why do I have to attend two different hearings?
In California, DUI arrests are not taken lightly. Your DUI charge will be heard in two separate courts: One hearing is for the DMV portion of your charges; a second hearing is necessary for the DUI portion of your charges. Winning one is only half the battle. Thomas Wallin is an expert DUI attorney who knows the best techniques in winning both hearings. Learn more about DMV hearings.
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What are the penalties if I lose the DMV and DUI hearings?
Losing the DMV and DUI hearings could result in serious consequences, such as:
- Suspension of your California driver's license for varying lengths of time
- Serving time in California jail
- Fines and other penalties
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Must I personally attend court or can my attorney go in my place?
For most DUI misdemeanor cases in San Bernardino, parts of Los Angeles, and certain areas of California, your DUI attorney is permitted to represent you at court without you present. For DUI felony charges, you are required to be present during all hearings. Some exceptions may apply to this rule.
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What are the possible defenses to a California DUI charge?
DUI arrests are very complicated. Each defendant will have differing circumstances with varying defenses. Examples of common California DUI defenses include:
- Probable Cause - The police officer must have had probable cause to stop and make the arrest.
- Driving the Vehicle - The prosecution must prove that you were driving the vehicle while under the influence.
- Testing - Proof of DUI includes many factors, including proper training and equipment calibration and/or malfunction.
- Miranda Rights - Your DUI attorney will investigate whether or not your Miranda rights were given and what was said before, during, and after.
- Refusal Warnings - The police officer needs to properly inform the defendant about the consequences involved in refusing the BAC test.
Learn more about DUI defenses and how to contact Thomas Wallin for a consultation.
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Is a California DUI charge considered a misdemeanor or a felony?
Depending on the severity of the crime and the criminal history of the defendant, California DUI charges can be classified as either a misdemeanor or a felony. Penalties will vary with each case and classification. Thomas Wallin will assist in determining your DUI charge's potential classification.
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What California DUI penalties can I expect?
California misdemeanor DUI charges are not as severe as felony DUI charges. California DUI penalties can include one or many of the following:
- California driver's license suspension
- Court fines
- DUI driving school attendance
- Probationary period
- Alternative sentencing
- County jail
- State prison time
- Work program
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What is California DUI Sentence Enhancement?
In California, a DUI charge can incur several "enhancements" or factors that could influence your sentence. Examples of common DUI sentence enhancements include:
- Prior convictions
- Excessive speeding (20+ miles over the speed limit)
- High BAC rates (.20 or more)
- Refusal of chemical test
- Accident involved with DUI
- Injury or death as result of DUI
- Age related violations (under the age of 21)
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How much will a California DUI attorney cost?
Lawyer fees range according to geographic location, experience, reputation, and actual time spent on your case. While many attorneys work on an hourly basis, some charge by the case, and others may work on a contingency rate. Don't base your choice of attorney strictly on price - Your future depends on the outcome which is why securing the most appropriate DUI attorney for your case is crucial.
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How do I secure an experienced California DUI attorney?
Contacting a skilled California DUI attorney can make the most difference in your outcome. Either contact the offices of Thomas Wallin directly or fill out our online DUI form to begin the representation process.
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San Bernardino Driving Under The Influence (DUI) Information
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