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Common Questions for Riverside Driving Under the Influence and Drunk Driving DUI Cases
I was just arrested for DUI in Riverside County, what do I need to do?
When arrested for DUI, it's important to collect all the facts surrounding your arrest in Riverside County. Make notes as to exactly what was said by the officers during the stop and exactly what YOU said to the officers. Make sure you make a list of any potential witnesses to your DUI stop and your drinking prior to the arrest. Get all your paperwork together including your citation and pink notice of suspension and a temporary driver's license DMV Form DS-367, as well as any other documents given to you by the police. Obviously you should CONTACT A RIVERSIDE DUI ATTORNEY IMMEDIATELY WHO WILL REQUEST A DMV HEARING FOR YOU BECAUSE YOU ONLY HAVE TEN DAYS TO REQUEST YOUR DMV HEARING!
Why was I given a DUI COURT date and a DMV notice?
The DMV and the DUI criminal court hearings are TWO separate processes. You need to fight both cases. Unfortunately, just because you win one of the hearings does not mean you will necessarily win in the other. This is why it is important to hire a Riverside DUI attorney who can fight both the DMV and the criminal courts to save your license and keep you out of jail.
Do I have to go to Court if I hire a DUI attorney to handle my case?
In MOST cases when you hire a DUI lawyer for your Riverside case, that lawyer can appear for you in court and save you the time and embarrassment of having to appear in court. However, if you are being charged with a FELONY, you need to be personally present for all of your court appearances in Riverside County.
What Defenses are there in DUI cases?
There are numerous defenses in Riverside Driving Under the Influence cases because the area of DUI is very complex. This is why it is critical that you hire an attorney who has extensive experience handling drunk driving cases in Riverside County. Here are just a few examples of DUI defenses:
- Probable Cause: the officer must have probable cause to:
- (1) Stop you
- (2) Detain you (the officer must show he or she had a legitimate reason to detain you for a period of time), and
- (3) Arrest you (evidence can be suppressed if we are able to show the officer in your drunk driving case did not follow the law. Sobriety Check Points or DUI Roadblocks can present complex issues).
- Driving Issues: the prosecution must prove that the defendant was actually "driving" the vehicle, and at the time of driving, the defendant was under the influence. For example, if you were sleeping in the vehicle or if the officer comes to your residence after you already arrived home, you may have a workable defense.
- "Under the Influence": an officer may be mistaken as to his or her observations of you while administering the field sobriety tests, and thus can be discredited in court. Often the officer is not properly trained in administering field sobriety tests or chemical tests, which can help to invalidate results.
- "BAC" or Blood-Alcohol Concentration Result: there are numerous problems associated with the testing procedures and the machines themselves. The smallest error can produce significant differences in results, giving your attorney a good argument for your defense.
- Regulation of the DUI equipment: the prosecution carries with it the burden of showing that the instruments used to test your Blood Alcohol Concentration complied with the California state regulations for DUI calibration. If they cannot prove that burden, your DUI attorney may have a good argument in your favor.
- "Rising BAC": it is unlawful to have an excessive BAC (blood-alcohol concentration) at the TIME of DRIVING, not at the TIME of being TESTED. It takes anywhere from thirty minutes to three hours for alcohol to be absorbed into your blood and therefore potentially impair your driving. Often a test is not given for 30 minutes to 2 hours after the time of driving. You could show a BAC test result of .10 and actually only been a .07 at the time you were driving your car.
- Miranda Rights: depending on the facts, any statements made by you after the officer SHOULD have given you your Miranda warnings can be excluded from the case.
- Refusal to Test: officers often do not give proper advisements as to the consequences of refusing a chemical test. If the officer did not tell you about the consequences of refusing the BAC tests, or gave the instruction improperly, this may invalidate a DMV license suspension.
For more information on possible defenses to a DUI please fill out our FREE ONLINE DUI CASE ANALYSIS FORM and a Driving Under the Influence lawyer will contact you.
What can I expect to pay for a DUI attorney in Riverside County?
The cost of a DUI attorney in Riverside can vary greatly depending on the attorney's reputation, experience, and the geographic location of your case. Much like doctors, a more skilled attorney in a larger city will charge a higher fee. When seeking a DUI attorney, you must consider the time an attorney will put into your individual case. Generally speaking, lawyers who take fewer cases spend more hours on each client, and so will charge more.
In Riverside County, there is a wide range of fees. A local general practitioner with little experience can charge as little as $1,000, while some DUI specialists known throughout the country can charge as much as $20,000 or more, depending on the case. Other factors that may contribute to the cost of a DUI attorney include:
- Whether this your first offense or you have prior offenses
- Will any motions need to be made? Will there be a trial?
- Do you need representation in your DMV hearing?
- Have you been charged with a felony?
- Are their enhancements alleged in the DUI case (see below)?
Whatever fee is quoted by an attorney, make sure you sign a written agreement and you understand what is and is not covered by the representation.
What will happen to me if I am convicted of a DUI in Riverside County?
This depends on whether this is a first offense or more and whether enhancements are considered (see below). However, in most cases involving a first offense in Riverside County, you will have to attend a DUI driving school, pay a fine to the court (about $1,500), be placed on unsupervised probation for a period of three years, and possibly attend a work program (not actual jail).
What is a sentence enhancement?
A DUI in California can have several "enhancements" depending on whether certain facts exist. The most obvious and common enhancement is for a prior conviction. Other enhancements, which most likely will be included in the complaint filed against you by the Riverside District Attorney, include:
- Excessive speeding (20 to 30 miles over the speed limit)
- A person under the age of 14 was in the car.
- The BAC was .20 or higher
- The defendant refused a chemical test
- There was an accident
- Someone was injured
- The defendant was under 21
For more information on Riverside DUI and DMV hearings please contact our office.
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Quick Contact
Address
3890 10th Street
Riverside, CA 92501
Phone - Toll Free
(866) 857-5900
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(951) 686-4DUI
(951) 686-4384
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(888) 444-7211
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