DUI cases are common but can come with severe (and inconvenient!) penalties. It is important to understand that these cases can be complex and it is in your interest to have an experienced DUI lawyer defending you in Court. DUI cases can have a long lasting effect on your daily life since a conviction will usually result in the driver having to complete an alcohol class which can last as long as 18 months. Many people assume
DUI's are cases in which nothing can be done--if the driver had a blood alcohol reading above the legal limit, then he is guilty and has no chance to win at trial. THIS IS NOT TRUE! There are many defenses to a DUI, even if the driver received a high blood alcohol reading. Remember, the officer has to have reasonable cause to stop you and if the detention or arrest is unlawful, then the breath or blood test will usually be suppressed and the case dismissed. If the alcohol test was conducted a long time after the suspect drove, or if the machine or testing procedure was not followed correctly, then the driver may have a great defense. There are many other possible defenses, some of which are "technical" and only applicable in DUI cases. Let
Ann Gottesman evaluate your case and offer you the best advice and representation for your
DUI case. She is a former Deputy Public Defender and is passionate about protecting the rights of those accused of a crime.
How long can I expect to be in jail for DUI?In
San Bernardino DUI cases you can expected to be released within 24hrs if it is your first offense and there are no aggravating circumstances such as injuries or reckless driving. The amount of time you are kept in jail will often be longer if you are on probation for another criminal case, or if you have multiple DUI convictions within the past 10 years. If you currently have outstanding warrants, especially from other counties, this can delay your
DUI case in the San Bernardino Court. The wardens also take into account your alcohol level to make sure you are not impaired when leaving jail. The higher the alcohol content the longer you can expect to be held in jail in San Bernardino. Because San Bernardino County is more conservative than some other areas,
San Bernardino DUIs must be fought aggressively and by an experienced attorney familiar with DUI law.
What are the long term effects of having a DUI on your record?Depending on your DUI charge, most
San Bernardino DUIs are considered misdemeanor criminal offences.
DUI's that involve injuries, severe accidents, multiple offenses, or other aggravating factors may be filed as a felony. A fourth DUI, even with no aggravating factors is usually filed as a felony by the District Attorney. If a misdemeanor, the criminal conviction can be expunged (cleared) from your Court record as soon as your probation is over and all fines have been paid. Once expunged, the case is dismissed and will not appear on your criminal record. If you have a felony DUI conviction, that can
also be expunged, as long as you were
not sentenced to any
prison time. However, even if your court record is expunged, the DUI will remain on your DMV record for 10 years. Your DMV record can
not be expunged. Keep in mind, there are some exceptions where certain government agencies and law enforcement agencies will continue to have access to your expunged records. After the expungement is finalized, you will legally be permitted to say you were never convicted of any criminal offence. If you
received prison for your felony
DUI, your record can not be expunged but a "Pardon" or "Certificate of Rehabilitation" can be requested for your felony
DUI conviction. In such a case, the only way a pardon can be processed, is through your Governor of the current state the felony charge has been documented in. Once the pardon is acquired, then the expungement process would take place to remove the DUI from your record. Remember, as stated above, there is no problem expunging a felony
DUI from your record,
as long as you were not sentenced to prison (jail is OK!). For such a case, your felony DUI can be reduced to a misdemeanor and then expunged.
Having a DUI conviction on your criminal record can adversely affect possibilities of future employment, because it will usually appear on a general background check by the employer. This is why obtaining an expungement is very important. I offer to expunge my Client's record for FREE after their probation is terminated.
Ann Gottesman graduated from Southwestern University School of Law in Los Angeles, with a Juris Doctor degree in 2005. She passed the California Bar on her first attempt and was thereafter sworn in as a licensed California attorney. For the past 6 years, Ann's legal pursuits have been focused on the practice area of criminal law and procedure. While in law school, Ann clerked for Justice Earl Johnson Jr., of the Second District Court of Appeal. She assisted Justice Johnson with the drafting of judicial opinions, one of which was published as a case of first impression. (People v. Russell (2005) 129 Cal.App.4th 776.) 
Have you been arrested for a DUI in San Bernardino? Let us help you resolve your DUI case.
