
Being charged with driving under the influence (DUI) is one of the most nerve-wracking and stressful experiences you can face. After an arrest, you may feel overwhelmed, unaware of your rights, or nervous about the consequences that a conviction can have on your life. If you are charged with DUI, reach out to a Pleasanton DUI lawyer for guidance right away.
With over 25 years of experience, Tully & Weiss Attorneys at Law has a deep understanding of California’s DUI laws and what it takes to build successful defense strategies. Our lawyers believe that there is a possible defense for every case. We can fully investigate your situation and gather evidence to identify your options.
In Pleasanton, DUI arrests often happen along streets with frequent traffic, such as Santa Rita Road, Bernal Avenue, or I-580. You may be charged with a DUI if officers believe that they have sufficient evidence to prove that you were either driving:
A DUI case in Pleasanton is prosecuted aggressively due to the extreme harm that impaired driving has on local and state communities. Of all traffic fatalities, 30% involve a driver with a BAC of 0.08% or higher. In 2023, 1,355 people in California were killed in alcohol-related accidents.
A DUI conviction can be one of the most life-changing things you can experience, leaving you with immediate restrictions on your freedom, huge financial costs, and the long-term effects of a criminal record. Some of the penalties outlined in California’s DUI laws include:
A first-time DUI results in up to six months in jail. However, repeat offenses or aggravating factors, such as causing serious bodily injury or death, may increase the term length and lead to more severe penalties.
When you are charged with a DUI, you do not only need to deal with the criminal justice process. You must also manage the administrative case with the DMV. This can be difficult to juggle, but a Pleasanton DUI attorney can stay on top of all deadlines and requirements for both cases.
The criminal justice system handles your criminal trial. If you are found guilty there, you can be sentenced to criminal penalties, such as jail time and fines. This is the side of a DUI case you may be expecting, but it can still be difficult to navigate the different court appearances and hearings involved. Your lawyer can build an evidence-based defense that pursues outcomes such as dismissed charges, reduced charges, or reduced penalties.
Administrative penalties, such as license suspension, are decided by the DMV. You must request a hearing with the DMV quickly after you are arrested. At this hearing, you have the opportunity to defend yourself against an automatic license suspension. Even if your criminal charges are dismissed, you may still have your license suspended if you do not challenge the suspension.
After a DUI arrest, the stress and fear of the situation can make it difficult to decide on your next steps, especially if you are under the influence. During the arrest, try to remain calm and comply with officers as they take you into custody.
During booking, provide your basic personal information, and comply with all photographing or fingerprinting. However, you should avoid providing a statement about what occurred, even if you believe that you can clear your name. Instead, ask to contact a Pleasanton DUI attorney; then, remain silent.
A lawyer can guide you through the investigation, protecting your rights and explaining the legal processes to be aware of.
The three-hour rule in California applies to chemical testing. If a chemical test was taken within three hours of when you were driving, it shows the BAC you had while driving. Therefore, if a chemical test reveals that you were legally intoxicated, and the test was taken within three hours of when you were arrested, it is presumed that you were above the legal limit when you were driving.
Yes, it is generally worth it to hire a DUI lawyer in California. A lawyer can assert your rights from as early as the arrest, protecting you against accidental self-incrimination or unlawful searches and seizures. They can manage the criminal justice and administrative proceedings, gathering evidence to support your case and representing you during hearings. Ultimately, working with a lawyer can reduce your stress while improving the chance of a positive outcome.
No, under California’s Implied Consent Law, you cannot refuse a chemical test if you are arrested on suspicion of DUI. Despite many individuals’ beliefs, refusing a chemical test does not mean that law enforcement won’t be able to prove that you were intoxicated. Instead, it results in an automatic one-year license suspension, and it can make it more difficult to defend against DUI charges in court.
Yes, it is worth it to challenge criminal DUI charges, rather than simply accepting them. While it may seem like acceptance can reduce hassle and avoid time and money wasted on a legal battle, it can mean missing out on reduced or dismissed charges. If you consult a Pleasanton DUI lawyer, they can evaluate your case. Then, they can explain what defense strategies can be used to improve your chances of successfully challenging your charges.
When you are charged with DUI, it is a good idea to seek out legal counsel as soon as possible. Working with a lawyer early decreases the risk of costly mistakes. They can also help you meet tight deadlines in the administrative and criminal processes. If you have been arrested for DUI, contact Tully & Weiss Attorneys at Law today.