A San Bernardino DUI lawyer defends drivers charged under the DUI statute. The charge covers driving under the influence of alcohol or drugs. Most people call it drunk driving. Most drivers search for a DUI lawyer San Bernardino CA courts know right after arrest.
Two clocks are already running: the criminal case and the license case. The criminal case proceeds in San Bernardino County Superior Court. A separate license case decides whether you keep your driver’s license. You generally have 10 days from arrest to request that hearing. Our law firm defends DUI charges in San Bernardino, CA and can review your case.
DUI Charges Under California Law
California's DUI law makes it unlawful to drive under the influence of alcohol or drugs. The same statute separately bars driving with a blood alcohol level of 0.08% or more. The state often files both counts from one arrest.
You can face charges on the impairment theory even with a level under 0.08%. Officers may point to driving patterns, field sobriety tests, or statements at the scene. Commercial drivers face a lower 0.04% limit. Drivers under 21 face a zero tolerance standard.
Drug cases fall under the same statute. A prescription drug can support a charge if it impairs safe driving. So can cannabis.
Penalties for a DUI Conviction in San Bernardino
Penalties depend on the facts, your record, and the judge. A first misdemeanor DUI conviction in California may carry fines and court costs. Informal probation and a court-ordered class typically follow. License suspension and jail exposure are also possible. Many first cases resolve without long custody, but no result is promised.
Some facts raise the stakes. A high test result can lead to higher penalties. A crash, injury, or child in the car can also raise the sentence. A test refusal adds more exposure.
Prior convictions within California's 10-year lookback period matter too. Second and later offenses bring longer suspensions, longer classes, and more jail time. A DUI causing injury may be charged as a felony.
Mitigation still matters. A skilled DUI attorney can present treatment records and work history to the court. Testing problems can also support an argument for lighter terms.
DUI Checkpoints, Chemical Testing, and Your License
Law enforcement agencies run DUI checkpoints San Bernardino drivers pass through. Local police and the California Highway Patrol both hold them across the county. DUI checkpoints in San Bernardino are legal only within limits set by California courts. Supervisors must plan the operation. Officers must follow a neutral rule when stopping cars. For example, they may stop every third vehicle. They cannot choose drivers at random. Location, timing, and length must be reasonable. The agency must announce the checkpoint ahead of time.
How the checkpoint actually ran often becomes the defense issue. These cases commonly turn on whether officers followed the stopping rule they wrote down.
Testing follows its own rules. Under implied consent law, a driver arrested for DUI is deemed to have consented to testing. The consent applies to both blood and breath tests. A refusal can add penalties and a longer suspension. The roadside screening device differs from the formal test given after arrest.
The 10-day deadline is critical. The license case and the court case run on separate tracks.
Speak With a San Bernardino DUI Lawyer
Call 1-888-839-4384 for a free consultation, or use our online contact form. A first call covers the arrest report and the chemical test. We discuss the license deadline and your court date. Acting before the 10-day window closes protects your hearing rights.
Choosing counsel matters when facing DUI charges. A DUI attorney San Bernardino courts see weekly serves you better than a general docket. The lawyer should appear often in San Bernardino County courts. The lawyer should know the local driver safety office. The lawyer should also review the stop, the checkpoint process, and the testing records. A qualified DUI lawyer in San Bernardino should explain options in plain terms and never promise a specific outcome.
Frequently Asked Questions
How long do I have to request a DMV hearing after a DUI arrest in San Bernardino?
You generally have 10 days from the date of arrest. The DMV can suspend your license without a hearing if you miss that window.
Are DUI checkpoints in San Bernardino legal?
DUI checkpoints in San Bernardino are legal within limits. Supervisors must plan the operation. Officers must use neutral stopping rules. The agency must announce the checkpoint ahead of time.
What happens if I refuse a breath or blood test in California?
California's implied consent law treats a DUI arrest as consent to testing. A refusal can add penalties and a longer license suspension.
Can I be charged with a DUI in San Bernardino if my blood alcohol concentration is under 0.08%?
You can be charged with a DUI even if your blood alcohol concentration is under 0.08%. The state may proceed on the impairment theory using driving patterns, officer notes, or drug evidence. An attorney can explain how that applies to your specific facts.
