Did you know that in California, you may try to have your driving under the influence (DUI) charges expunged even before you get to court? Law enforcement officials yearly apprehend over 1.5 million individuals for DUI/DWI. In the United States, driving with a blood alcohol content of.08% or above is illegal. It’s possible to be arrested and charged with DUI if you’re found to be driving while impaired. To your good fortune, DUI convictions in California are expugnable.
Successfully complete your probation
To get probation for a DUI conviction in California, you must first complete your sentence. You will avoid prison time for the crime you committed if you cooperate with the terms of your probation. If this is not your first DUI accusation, you will be judged under different criteria than those who have been convicted of this felony before. Anywhere from a $300 to $1,000 fine, a driver’s license suspension of six months to four years, mandatory attendance at a DUI education program, and a mandatory stay in the county prison are the typical penalties for a first-time DWI offense.
Probation terms vary from case to case, but typically you should expect to spend anywhere from three to five years on informal probation before being required to report to a probation officer. If you successfully meet all terms and obligations placed on you during probation, you may be entitled to have your probation terminated in accordance with Section 1203.4 of the Penal Code. However, you must guarantee that your case is strong enough to persuade the court. The importance of having a good defense attorney really shines now.
Keep in Mind All of the Requirements
A dismissal of probation is only an option once all probationary requirements have been met and the probationary period has ended or been canceled. You also cannot be currently incarcerated for a criminal crime or have any outstanding criminal convictions. Finally, you must have committed a misdemeanor that is eligible for expunction.
How can you have the charge dismissed now, though? However, a few additional conditions must be satisfied before we can go forward with this. Before your probation may expire or be cancelled, you must have fulfilled all of its terms. You also cannot have any pending or recent criminal DUI charges or convictions that might affect your eligibility for this position. After compiling this evidence, you may confidently present your case to a court.
Unreasonable Traffic Stops
An unwarranted traffic stop might be used as a defense if you feel the police officer who pulled you over did not have probable cause to do so. Law enforcement officers may only conduct a traffic stop if they have probable cause that you have breached the infringement, usually a traffic law.
If you’re speeding, weaving all over the road, running red lights, or stopping signs, then they have every right to pull you over. In addition, they are within their rights to pull you over if your driving is erratic. But if they detain you on nothing more than a “hunch,” you have the option to contest their justification in court.
Beware of Fake Driving Sobriety Tests
Police officers’ use of field sobriety tests is controversial because of the lack of consensus on their accuracy. Even for sober individuals, it might be challenging to walk in a straight line, recite the alphabet backward, or balance on one leg. Exhaustion, vertigo, and certain medications may all play a role in someone failing one of these tests, in addition to the impacts of drugs and alcohol. The good news is that if you fall within this category, you have a better chance of successfully contesting the DUI charges against you.
We at Lamano Law Office will look into whether or not your DUI charges expunged from every possible viewpoint. We’re here to assist you get through this trying period so you can go on knowing you’re providing the best possible representation for your client. Let our seasoned professionals lead you through the complicated process of dealing with DUI accusations. We vigorously defend clients against all levels of DUI allegations, from first offenses to multiple felony convictions.
Even if you have a warrant for your arrest, it doesn’t mean you’ll be charged with DUI. If you are a California resident and have been charged with a crime, we encourage you to contact Lamano Law. We have successfully represented hundreds of people in need of criminal defense assistance. If you have any questions or would like to schedule an appointment, please contact us at (510) 973-4426.