Madera DUI Attorney
Challenge Your DUI Charges!
Madera is a city in Madera County, California, and it is nestled in the San Joaquin Valley. The town was first named after the Spanish word for lumber, and the town itself was laid out by the California Lumber Company back in 1876. Madera's first post office opened in 1877, and today it's known for the historic Madera water tower and the city's fully operational drive-in movie theatre. Just miles from the entrance to Yosemite, Madera is less than two hours from three different national parks, making it a thoroughfare for residents and visitors alike.
Whether you were arrested for DUI while passing through on your way to one of the city's museums, or if you happen to be a resident here, people get arrested for DUI in Madera all the time while enjoying its great golf courses, fine dining or any other one of the city's spectacular events that frequently involve fine wines and spirits.
There is absolutely no fun in getting arrested for DUI and the arrest is just the beginning. While driving under the influence of alcohol or even drugs these days is illegal, DUI is the one offense that is often committed by hardworking men and women with a whole lot to lose upon conviction. As a seasoned DUI law firm, we fully comprehend the situation you are in and how it would be to your greatest advantage to do everything possible to reduce if not eliminate the consequences of your DUI arrest.
Basics of a DUI Arrest
The DUI process begins with the initial traffic stop. This can either occur once an officer observes a driver breaking a traffic law, or after they have received a tip about a drunk driver, or at a DUI checkpoint. Once the driver is pulled over the officer will typically ask the driver if they have had anything to drink or if they are on any drugs or medications. Depending on the driver's answer and the officer's observations, the officer will then ask the person to perform field sobriety tests. It's important to note that unlike chemical tests, you don't have to perform
field sobriety tests and there are no negative consequences for politely refusing.
The police use field sobriety tests to gain probable cause to make an arrest, and they use the evidence recorded on their dash cam against the driver in order to obtain a conviction; therefore, there is no benefit to performing these tests whatsoever, unless you want to give officer ammunition against you.
From this point the officer will ask the driver to submit to a chemical test in the form of a breath,
urine test; however, a breath or blood test are the most common tests used. Under California's implied consent law, it is assumed that anyone who drives on California's roads will agree to submit to a chemical test when law enforcement asks them to. Failure to submit to a chemical test will result in an automatic one year driver's license suspension, regardless if you were under the influence or not.
California DUI Penalties
In California it's illegal to operate a motor vehicle with a blood alcohol concentration of .08% or greater. For commercial drivers that number is set at .04% and for drivers under the age of 21 that number is set at just .01%. It is also illegal to operate a motor vehicle under the influence of drugs, and this includes illegal drugs such as marijuana, LSD, mushrooms, cocaine or heroin and perfectly legal prescription medications or over-the-counter medications. Since a number of drugs can cause impairment, one can get arrested for a drug-related DUI as well. The penalties for a first time DUI are as follows:
- From 96 hours to 6 months in jail
- Fines ranging from $390 to $1,000
- Mandatory completion of a 30 hour drug and alcohol education program
- A six month driver's license suspension
For those whose blood alcohol concentration registered at or above 0.20%, or for those who refused to submit to a chemical test, they will have to participate in at least a 60 hour drug and alcohol education program.
Automatic Driver's License Suspension: Drivers Over 21
Under the administrative license suspension program, "Admin Per Se" (APS), the DMV is required to suspend or revoke the driver's license of anyone that is arrested for driving under the influence (DUI) of alcohol or a combination of alcohol and drugs. This includes anyone who submitted to a chemical test (blood or breath) that showed a BAC of .01% while on DUI probation, or any commercial driver with a BAC of .04% or higher, or a noncommercial driver with a BAC of .08% or higher, or anyone who refuses to complete a chemical test to determine their BAC level.
Once you are arrested for DUI, the officer will hand you an Order of Suspension/Revocation and they will confiscate your driver's license and send it to the DMV to be destroyed. The Order of Suspension/Revocation is a temporary driver's license that is good for 30 days, after that, the suspension or revocation goes into effect. Remember, you have just ten days from the date of the arrest to request a hearing to show that that the APS suspension/revocation isn't justified.
You have just 10 days from the date of your arrest to request a DMV hearing; this is where you will have the opportunity to challenge your license suspension. It's critical that you have a Madera DUI attorney from the Law Offices of Michael E. Mitchell, A Professional Law Corporation represent you at this hearing as well as at your separate criminal hearing. We handle DUI cases throughout Madera County, and we will do everything to help you achieve a favorable outcome in your DUI case. We can be reached 24 hours a day, 7 days a week, so
give us a call today!
Madera Resource Links
DUI Information Center
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Madera Chamber of Commerce