DUI Attorney in Merced, CA

At Law Office of Christopher Loethen, I can manage this process by requesting the DMV hearing on your behalf, which places a hold on the suspension and provides the first opportunity to challenge the evidence against you.

Penalties for a DUI Conviction in California

A DUI conviction under California Vehicle Code § 23152 carries significant penalties that become more severe with each subsequent offense. 

For a first-time misdemeanor DUI, a conviction typically results in three to five years of informal probation, along with substantial fines and fees that often total between $1,800 and $2,500. Additionally, a judge can order you to complete a mandatory DUI education program, which can last three or nine months.

A conviction will also trigger a six- to ten-month suspension of your driver's license. In many cases, getting a restricted license that allows you to drive with the installation of an ignition interlock device (IID) is possible. 

Finally, a first-time offense carries a potential sentence of up to six months in county jail.

Penalties for Multiple DUI Convictions

California has a 10-year "lookback period" for DUI offenses. 

If you are convicted of another DUI within 10 years of a prior offense, the penalties escalate sharply:

• A second offense involves mandatory jail time, a longer license suspension (2 years), and an 18-month DUI program. 
• A third offense brings even more significant jail time (a minimum of 120 days) and a 3-year license suspension. 
• A fourth offense within 10 years can be charged as a felony, potentially resulting in a state prison sentence.

Fighting a DUI Charge in California

Even if your breath or blood test result was over the legal limit of 0.08%, you are not automatically guilty. There are many ways to challenge the evidence in a DUI case. At Law Office of Christopher Loethen, I meticulously investigate every aspect of my clients' arrests so that I can build a strong defense on their behalf.

A defense strategy can be built by examining several key areas:

• The legality of the traffic stop. Did the officer have a valid legal reason (reasonable suspicion) to pull you over? Any evidence gathered afterward could be suppressed if the initial stop was unlawful.
• The administration of field sobriety tests (FSTs). FSTs are notoriously subjective. Your performance can be affected by your physical condition, footwear, the road surface, or even nervousness. I can review the officer's procedure and your performance to identify any issues.
• The accuracy of the chemical test. Both breath and blood tests are prone to error. Breathalyzers can be affected by improper calibration or administration. Blood samples can be contaminated or improperly stored, breaking the legal "chain of custody." I can scrutinize the maintenance logs and procedures used in your test.
• Inconsistencies in the police report. I can thoroughly review the arresting officer's report and compare it to video evidence (if available) and your account of the events to find any contradictions or omissions that could weaken the prosecution's case.

My goal is to use these findings to build a powerful defense narrative. Every case is prepared as if it is going to trial; this thorough approach creates leverage that is helpful for negotiating with the prosecutor for a favorable outcome. 

Whether the best result is a full dismissal, a reduction of the charge to a lesser offense like a "wet reckless," or a not-guilty verdict in the courtroom, I am prepared to advocate for you with tenacity and dedication.

To speak with a DUI attorney in Merced, CA, call (209) 546-6192 or contact me online.