DUI Defense Attorneys in San Luis Obispo

Defense to DUI Charges

One of our primary focuses is DUI defense. Our lawyers employ the team approach when fighting against DUI charges. Additionally, we work closely with clients to ensure we understand their needs. This helps us build a defense that meets those needs and achieves the best possible outcome.

We are always prepared to defend our clients against DUI, thanks to our several years of experience in defending these cases and our knowledge of California DUI laws. We also know how local courts, judges, and prosecutors operate, making navigating the legal justice system easier.

We will explain the DUI criminal process and how we will help at every step. Additionally, we will inform you of the circumstances surrounding your case, what to expect, your legal options, and possible legal defenses.

The initial step of the DUI process is the arraignment. This is the stage where you enter a plea for your charges. We will advise you on how to plead, whether no contest, guilty, or not guilty. In most cases, we advise our clients to plead not guilty so that they can contest the charges against them. Besides providing legal advice, we will protect your rights during arraignment and help you navigate the process quickly.

After arraignment, the pretrial phase begins. The trial phase lasts the longest (from several weeks to months), and it is where we thoroughly investigate your case by doing everything legally possible, including visiting the arrest scene, reviewing the police report, and reviewing the maintenance records of the BAC testing equipment. We will also scrutinize the prosecution’s evidence to find loopholes that may help us discredit the case.

The prosecutor or judge will likely dismiss or reduce your DUI charges if we find substantial evidence that favors you. And if the prosecutor has an overwhelming evidence against you, we will try to negotiate a plea deal or solve the case without a court trial. For example, we may try convincing the prosecutor to charge you with a lesser included offense, such as dry or wet reckless, instead of DUI. If we do not obtain a good plea deal and your case goes to trial, we will fight aggressively to ensure we achieve the best possible results.

Not all DUI cases are the same. Every case has unique challenges and opportunities for the prosecution and defense team. Our goal is to use every opportunity presented to us in your favor. Common legal defenses we may argue based on the case include:

• The police arrested you without probable cause or reasonable suspicion
• Law enforcement made mistakes when administering field sobriety, blood, or breath test
• The police failed to read you your Miranda rights
• You were not intoxicated or impaired
• You were not driving or in actual physical control of the vehicle
• The police engaged in official misconduct
• Rising blood alcohol
• Title 17 regulations violations

We will keep you involved and informed throughout the criminal process to ensure you understand all your legal options and rights. We will not make any decision impacting you without first consulting you. We will also tell you about the drawbacks and advantages of your case's possible outcomes to ensure you understand the implications of every decision.

We ensure we are well-prepared for eventualities that may arise throughout the process, mainly if the case goes to trial. Usually, court trials are lengthy and time-consuming, but we will not let our guard until your rights are protected and the jury/judge reaches a verdict. Note that you are entitled to a speedy trial, and we will ensure that happens.

A DUI case outcome is not certain. It would be unethical to promise that the judge will not convict you. Although, we promise to dedicate our resources and time to solving your case and obtaining the most favorable outcome. We will consider even the smallest detail when developing a defense strategy and fighting for you, so there is no room for mistakes or the slightest chance that the prosecution will find something to use against you.

DUI Record Expungement

A conviction for DUI stays on your criminal record for ten years. For these ten years, it will remain a public record that everyone can access, including prospective employers, landlords, or schools, when they run a criminal background check. Consequently, if you have a DUI conviction on your criminal record, you may have difficulty finding employment, renting an apartment, and furthering your education.

Your professional license may also be affected. For example, if you are a teacher convicted of DUI, you may be required to go on compulsory leave. If you are a commercial driver, you may be incapable of doing your job since your license will be suspended.

Fortunately, you can avoid all these repercussions by expunging your DUI conviction record. At San Luis Obispo DUI Attorneys, we help clients with the expungement process. We will thoroughly review your case to determine whether you qualify for expungement and help you file the petition. Like other legal processes, filing the correct paperwork makes work easier, and your record will be deleted as soon as possible.

Expungement is only possible if you have successfully served your probation or jail sentence, whichever is imposed. Those convicted of a felony DUI may not qualify for expungement. Consequently, if your DUI offense is severe and you are facing felony charges, we will fight to have the charges at least reduced to a misdemeanor so you can later request an expungement.