DUI Charges Hanford, CA

A DUI arrest can put your freedom, finances, and future at risk, but you still have legal options. A Hanford, CA DUI lawyer with Griswold LaSalle Cobb Dowd & Gin LLP can analyze the details of your case, challenge the prosecution’s evidence, and build a strong defense on your behalf. With over 75 years serving the community, our Hanford criminal defense attorneys are ready to fight for the best possible outcome in your case.

California DUI Laws and Legal Limits

California has strict DUI laws that apply to drivers of all ages and vehicle types. If you are pulled over and found to have a blood alcohol concentration (BAC) above the legal limit, you could face criminal charges, fines, and license suspension. Our DUI defense lawyers help drivers fight these charges and work to minimize the impact on their future.

A DUI conviction can affect more than just your driving record. You may be required to attend alcohol education programs, pay increased insurance rates, or install an ignition interlock device in your vehicle. If you have been arrested for DUI, understanding the legal limits and penalties can help you take the right steps to protect yourself.

Blood Alcohol Concentration (BAC) Limits for Drivers

California law sets different BAC limits based on the type of driver and vehicle involved. For most drivers over the age of 21, the legal BAC limit is 0.08%. Commercial drivers have a lower limit of 0.04%, and drivers under 21 cannot have a BAC above 0.01% due to the state’s zero-tolerance policy.

Even if your BAC is below the legal limit, officers can still arrest you if they believe alcohol has impaired your ability to drive safely. Factors such as field sobriety test results, erratic driving behavior, and chemical test readings may all be used as evidence in a DUI case.

California Vehicle Code and DUI Statutes You Need to Know

California has strict laws that prohibit driving under the influence of alcohol or drugs. Law enforcement officers actively patrol for impaired drivers, and prosecutors aggressively pursue DUI cases in court. If you are charged with DUI, understanding the legal statutes that apply to your case can help you build a strong defense.

Under California Vehicle Code § 23152, it is illegal to operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The law defines “under the influence” as any level of impairment that affects a driver’s ability to operate a vehicle safely. Prosecutors do not need to prove a specific BAC level to obtain a conviction.

A DUI conviction under this statute can lead to criminal penalties, license suspension, and mandatory DUI education programs. Drivers with prior DUI convictions may face increased penalties, including felony charges and longer jail sentences. If you are facing a DUI charge, working with a legal team that understands California’s DUI laws is essential.

Types of DUI Offenses in California

DUI charges in California vary based on the circumstances of the arrest. The penalties for a DUI conviction depend on factors such as prior offenses, BAC level, and whether the incident resulted in injuries or fatalities. Our DUI defense attorneys handle all types of DUI cases and fight for the best possible outcome.

First-Time DUI Offense

A first-time DUI is typically charged as a misdemeanor and may result in fines, license suspension, and mandatory alcohol education programs. The court may also impose probation, community service, or an ignition interlock device requirement.

While first-time offenders may qualify for reduced sentencing options, a conviction can still have long-term consequences. A DUI stays on your record and can affect employment opportunities, insurance rates, and future legal cases.

Multiple DUI Offenses

If you have prior DUI convictions, the penalties increase significantly. A second or third DUI can result in longer license suspensions, mandatory jail time, and extended DUI education programs.

California also has habitual offender laws that can result in felony charges if you receive multiple DUI convictions within a ten-year period. Felony DUI convictions carry harsher penalties, including prison sentences and permanent license revocation.

DUI Involving Injury or Death

A DUI accident that results in injury or death can lead to felony charges. Under California Penal Code § 23153, causing bodily harm while driving under the influence carries penalties that may include prison time, heavy fines, and restitution payments to victims.

Prosecutors aggressively pursue DUI cases that involve injuries, and courts may impose enhanced penalties if the driver had a high BAC level or a prior conviction. If you are facing felony DUI charges, preparing a strong defense is critical to protecting your future.

Underage DUI

California has a zero-tolerance policy for underage drinking and driving. Drivers under 21 can be charged with DUI if they have a BAC of 0.01% or higher, even if they do not show signs of impairment.

An underage DUI conviction can result in license suspension, fines, and court-ordered DUI education programs. In some cases, underage drivers may also face additional charges related to underage drinking and possession of alcohol.

Marijuana DUI

Although marijuana is legal for recreational and medical use in California, it is still illegal to drive under the influence of cannabis. Officers may use field sobriety tests, blood tests, and officer observations to determine impairment.

There is no specific legal limit for marijuana impairment, which means DUI cases involving cannabis rely heavily on subjective evidence. Defending against these charges often requires challenging the accuracy of field tests and officer testimony.

Driving Under the Influence of Drugs or Narcotics

DUI charges are not limited to alcohol and marijuana. Driving under the influence of prescription drugs, methamphetamine, heroin, or other narcotics can also lead to DUI charges.

California law does not distinguish between legal and illegal drugs when it comes to DUI offenses. Even prescribed medications that impair your ability to drive can result in criminal charges.

Field Sobriety Tests and Chemical Testing in DUI Cases

Law enforcement officers use field sobriety tests and chemical testing to determine whether a driver is impaired. These tests play a significant role in DUI arrests, but they are not always reliable. If you are facing DUI charges, understanding how these tests work can help you challenge the evidence against you.

How Field Sobriety Tests Are Conducted

Field sobriety tests assess a driver’s coordination, balance, and ability to follow instructions. Officers commonly use the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test to detect impairment. These tests measure whether alcohol or drugs have affected your motor skills.

Even sober drivers can struggle with field sobriety tests due to uneven pavement, poor lighting, or medical conditions. If an officer administers these tests improperly or fails to account for other factors, the results may be unreliable. Challenging the accuracy of field sobriety tests can be a key defense strategy in DUI cases.

Refusing a Breathalyzer or Blood Test in California

California’s implied consent laws require drivers to submit to chemical testing if they are lawfully arrested for DUI. If you refuse a breathalyzer or blood test, your license may be automatically suspended and you could be subject to additional penalties. The Department of Motor Vehicles (DMV) may impose a one-year suspension for a first offense and longer penalties for repeat refusals.

However, officers must follow strict procedures when conducting chemical tests. If law enforcement fails to obtain a proper warrant for a blood test or does not explain the consequences of refusal, the results may be challenged in court. If you refuse a test, understanding your legal rights can help you fight the penalties.

DUI Arrest Process and Booking Procedures in Hanford, CA

If you are arrested for DUI, the legal process begins immediately. Officers will take you into custody, process your arrest, and determine whether you will be released or held for further proceedings. Knowing what to expect during this process can help you protect your rights and make informed decisions about your defense.

What Happens During a DUI Arrest

After pulling you over, officers may ask you to perform field sobriety tests and take a breathalyzer test. If they believe there is enough evidence of impairment, they will place you under arrest and transport you to the police station or county jail. Your vehicle may be impounded, and you could be held in custody until bail is set.

Once at the station, officers will conduct a formal chemical test, complete the booking process, and determine whether you qualify for release. Depending on your BAC level and any prior offenses, you may be released on bail or held until your court hearing.

Rights of the Accused After a DUI Arrest

If you are arrested for DUI, you have the right to remain silent and request an attorney. Law enforcement officers must read your Miranda rights before questioning you about the incident. Any statements you make without legal counsel can be used against you in court.

You also have the right to challenge the evidence against you, including the validity of the traffic stop, field sobriety tests, and chemical test results. If officers violated your rights or failed to follow proper procedures, your case could be dismissed or your charges reduced.

Legal Defenses to DUI Charges in Hanford, CA

DUI charges do not always result in convictions. Many factors can affect the outcome of your case, including errors in chemical testing, improper police procedures, and violations of your rights. The following are common defenses used in DUI cases.

Lack of Probable Cause

Officers must have a valid reason to pull you over, such as speeding, swerving, or running a red light. If there was no clear traffic violation or reasonable suspicion of impairment, any evidence gathered during the stop may be inadmissible.

Inaccurate Breathalyzer Results

Breathalyzer machines must be properly maintained and calibrated to provide accurate readings. If the device was faulty or not calibrated correctly, the test results may not be reliable. Medical conditions and certain medications can also produce false BAC readings.

Improper Field Sobriety Tests

Field sobriety tests are highly subjective and can be affected by fatigue, anxiety, medical conditions, or even poor weather conditions. If an officer did not administer the test correctly or failed to account for other factors, the results may not be valid.

Blood Test Contamination

Blood tests can be compromised if samples are not stored correctly or if testing procedures are not followed. If there is a chain of custody issue or improper handling, your defense team can challenge the validity of the test results.

Pre-Trial Diversion Programs

In some cases, DUI defendants may qualify for alternative sentencing through a pre-trial diversion program. Under California Penal Code § 1001.80, first-time offenders may participate in alcohol education courses or substance abuse treatment instead of serving jail time. Successfully completing a diversion program may allow you to avoid a conviction and have your charges dismissed.

Penalties for DUI Convictions in California

A DUI conviction in California carries serious penalties that vary based on your BAC level, prior offenses, and whether the incident involved injuries or fatalities. Sentencing can include fines, jail time, probation, license suspension, and mandatory DUI education programs. If you are facing DUI charges, knowing the potential penalties can help you understand what is at stake:

• First-Time DUI Conviction – A first-time misdemeanor DUI may result in fines between $390 and $1,000, a license suspension of six months, and up to six months in county jail. Courts often require the completion of a DUI education program lasting three to nine months.
• Second DUI Offense – A second DUI within ten years leads to a mandatory minimum of 96 hours in jail, a license suspension of two years, and increased fines. The court may also require the installation of an ignition interlock device (IID) for at least one year.
• Felony DUI – If a DUI involves injury or occurs after three prior DUI convictions, it can be charged as a felony. Felony DUIs carry up to three years in state prison, fines up to $5,000, and a five-year license revocation.
• DUI Causing Injury – A DUI that results in bodily harm to another person may lead to felony charges under California Vehicle Code § 23153. Penalties include state prison time, restitution to victims, and mandatory substance abuse treatment programs.

A DUI conviction does not just mean criminal penalties. It can impact your employment, insurance rates, and ability to drive. If you have been charged with DUI, understanding the possible consequences can help you take the right legal steps to protect your future.

Impact of a DUI on Driving Privileges in California

Losing your driver’s license is one of the most immediate consequences of a DUI conviction. The Department of Motor Vehicles (DMV) handles administrative license suspensions, which are separate from any criminal court penalties. The length of your suspension depends on your BAC level, prior DUI convictions, and whether you refused a chemical test.

To reinstate your license, you may need to obtain SR-22 insurance, which proves that you meet California’s minimum liability coverage requirements. SR-22 insurance is typically required for three years following a DUI conviction. Under California Vehicle Code § 13352, failing to maintain SR-22 coverage can lead to additional license suspension and penalties.

An ignition interlock device (IID) may also be required for DUI offenders. This device prevents a vehicle from starting unless the driver provides a clean breath sample, ensuring they are not under the influence of alcohol. Courts may mandate IID installation as a condition of regaining restricted driving privileges.

Statewide Ignition Interlock Device (IID) Pilot Program

If you have an alcohol-related DUI offense in California from January 1, 2019 through December 31, 2025, you will be required to follow California’s IID Pilot Program. The program requires the installation of an IID for a specified amount of time based on the nature of the offense.

• A first-offense DUI that causes injuries/fatalities: IID for one year
• A second DUI offense without injuries/fatalities: IID for one year
• A second DUI offense that causes injuries/fatalities: IID for two years
• A third DUI offense without injuries/fatalities: IID for two years
• A third DUI offense that causes injuries/fatalities: IID for three years
• All fourth or higher DUI offenses: IID for three years

In addition, there’s a mandatory three-year IID period for people who have a prior DUI felony conviction; this becomes a four-year IID period if they have a repeat DUI that causes injuries/fatalities.

How DUI Cases Are Handled in California Courts

California DUI cases follow a structured legal process, though there have been changes to the law. After an arrest, the prosecution will gather evidence, and your defense team will review the details of your case. The outcome of your case depends on the strength of the prosecution’s evidence and the defense strategy used to challenge it.

During arraignment, you will enter a plea of guilty, not guilty, or no contest. If you plead not guilty, the case moves into the pre-trial phase, where both sides present evidence, such as BAC test results and witness statements, and negotiate possible plea deals. In some cases, DUI charges may be reduced or dismissed if there are weaknesses in the prosecution’s case.

If a plea deal is not reached, the case proceeds to trial, where the prosecution must prove beyond a reasonable doubt that you were driving under the influence. If convicted, sentencing will include fines, jail time, probation, or other penalties, depending on the circumstances of your case. If you have been arrested for DUI, understanding how the court system handles these cases can help you prepare your defense.

Speak with a DUI Lawyer in Hanford, CA Today

A DUI conviction can bring harsh penalties, but the right defense strategy could make all the difference. Work with a DUI attorney in Hanford, CA from Griswold LaSalle Cobb Dowd & Gin LLP to protect your rights, challenge the evidence, and fight for your future. Contact our office today to set up a confidential consultation and discuss your legal options.