Napa County DUI Attorneys

Experienced Defense Against DUI Charges in California  

After being pulled over and arrested for DUI, you may be justifiably confused, anxious, and scared. Drinking and driving is a serious crime in California that can lead to harsh consequences depending on many factors. However, it is essential to remember that you are innocent until proven guilty beyond a reasonable doubt and the burden of proof lies with the prosecutor. You have the right to a criminal defense attorney whose sole responsibility is to protect your rights and best interests throughout the criminal justice process. 

You can partner with a firm dedicated thousands of hours to DUI defense at Wilber Law Offices,  P.C.. Our Napa County DUI attorneys have deep experience resolving DUI charges of all kinds, both through negotiation, at trial, and everything in between. We know our way around the criminal justice system, have the respect of law enforcement and court officials, and have a strong track record of results. When you come to us, you can count on our passion for serving, our commitment to legal excellence, and our determination to help you achieve an optimum outcome. 

Facing a DUI charge in California? Call Wilber Law Offices today at (707) 289-7006 or contact us online to start your defense with our DUI attorney in Napa County, CA!

What is Considered a DUI in California?

Driving Under the Influence (DUI) in California refers to the act of operating a motor vehicle while intoxicated from alcohol, drugs, or a combination of both, to the extent that it impairs your ability to drive safely. The key factors that constitute a DUI in California are the blood alcohol concentration (BAC) and the type of substance involved.

The following are common types of DUI in California:

• Alcohol DUI: In California, the legal limit for alcohol is typically 0.08% BAC for individuals over the age of 21. If you are caught driving with a BAC at or above this limit, you can be charged with a DUI.
• Underage DUI: For drivers under the age of 21, California has a "zero-tolerance" policy. This means that any measurable amount of alcohol in their system while driving is illegal and can lead to a DUI.
• Drug DUI: Apart from alcohol, driving under the influence of drugs, whether illegal substances or prescription medications that impair your ability to drive safely, can also result in a DUI charge.
• Combination of Alcohol and Drugs: Driving under the influence of both alcohol and drugs, even if they are within legal limits individually, can also lead to a DUI arrest if the combination impairs your driving ability.

DUI Cases We Handle

We handle all types of DUI charges, including the following:

• First-offense DUI
• Second-offense DUI
• Third-offense DUI
• Felony DUI
• DUI with injury
• Drug DUI
• Under-21 DUI
• Commercial license DUI
• Wet reckless

Is a DUI a Felony or Misdemeanor in California?

In California, a DUI is generally a misdemeanor. However, if the offense meets any of the following conditions, the charge could be enhanced to a felony:

• If an individual other than the driver was injured or killed as a direct result of the DUI offense
• If it is the fourth or subsequent DUI charge within 10 years
• If there are prior felony convictions for any kind of vehicle code violations
• If there was an underaged individual present in the vehicle during the arrest

What is Wet Reckless Driving in California?

"Wet reckless" is a term used in California to refer to a specific type of plea bargain that can be negotiated for certain DUI offenses. It is a lesser charge than a standard DUI and typically involves reckless driving that is alcohol-related.

In a wet reckless plea bargain, the charge of driving under the influence (DUI) is reduced to reckless driving with alcohol involved. This can have potential advantages for the defendant, as wet reckless offenses generally carry lighter penalties than standard DUI offenses. Penalties for wet reckless driving might include fines, probation, mandatory alcohol education programs, and possibly shorter license suspensions compared to those associated with a full DUI conviction.

It's important to note that not all DUI cases are eligible for a wet reckless plea bargain. The decision to offer a wet reckless plea deal depends on various factors, including the specific circumstances of the case, the defendant's prior criminal record, the blood alcohol content (BAC) at the time of the arrest, and other relevant details.

What Are My Rights During an Arrest?

Understanding your rights during a DUI arrest is critical. Exercising these rights properly can significantly impact the outcome of your case. You have the following essential protections:

• The Right to Remain Silent: You are not mandated to answer questions about where you were coming from, whether you have been drinking, or any other potentially incriminating details. You can politely refuse to answer questions by stating, "I choose to remain silent."
• The Right to Refuse Field Sobriety Tests: In California, you are not legally required to perform field sobriety tests during a DUI stop. These tests are voluntary, and refusing them cannot be used against you in court.
• The Right Against Unlawful Searches and Seizures: Law enforcement officers must follow strict guidelines when searching your vehicle or person. They cannot search your property without your consent, a warrant, or a valid legal exception.
• The Right to an Attorney: After your arrest, you can speak with a lawyer before answering any questions. You should request an attorney directly and avoid making any statements until your lawyer is present.
• The Right to Refuse a Preliminary Alcohol Screening (PAS) Test: Unless you are under 21 or on probation for a previous DUI, you can refuse a handheld breathalyzer test before being formally arrested. However, you must submit to a chemical test (breath or blood) under California's implied consent law after a lawful arrest.

What are the DUI Penalties in California? 

The penalties you will face in any drunk driving case will depend on the actual charge, whether you have previous convictions, and any aggravating factors, such as having caused property damage, injury, or death to another. You may also face additional charges if you were found driving under the influence with a minor in your vehicle, known as DUI with child endangerment.

Penalties can include jail time, probation, fines, community service, DMV license suspension, DUI “school,” drug or alcohol testing, drug or alcohol treatment and education, court fees, SR-22 insurance, and restricted licenses requiring ignition interlock devices. 

First-Offense DUI 

• Up to 6 months in jail
• Fines of up to $1,000
• License suspension for up to 6 months
• Mandatory attendance to DUI school

Additionally, if the offense involves a blood alcohol concentration (BAC) of 0.15% or higher, the driver may also be required to install an ignition interlock device on their vehicle.

Second-Offense DUI 

• Up to 1 year in jail
• Fines ranging from $390 to $1,000
• License suspension for up to 2 years
• Mandatory installation of an ignition interlock device
• Mandatory completion of an 18-month - 30-month DUI school

Third-Offense DUI 

• Up to 1 year in jail
• Fines ranging from $390 to $1,000
• License suspension of up to 3 years
• Installation of an ignition interlock device (IID)
• Mandatory completion of an 18-month - 30-month DUI school
• Possible vehicle impoundment

Felony DUI 

A felony DUI charge is typically given in instances where there is bodily harm to another person or extensive property damage. A felony DUI can be charged when the DUI is a 4th offense within 10 years or there has been a previous felony DUI conviction.

• 16 months to 4 years in California state prison
• Up to $5,000 in fines
• Could lose driver’s license for up to 5 years
• Mandatory completion of an 18-month - 30-month DUI school

Defenses Against DUI Charges

Common defenses include:

• Improper Traffic Stop: Law enforcement will need to have a valid reason to stop your vehicle. If the officer had lacked reasonable suspicion to make the traffic stop, any evidence gathered after the stop may be inadmissible in court.
• Faulty Field Sobriety Tests: Field sobriety tests are often used to justify an arrest but are far from perfect. Factors like poor lighting, uneven surfaces, medical conditions, and even nervousness can lead to poor performance unrelated to intoxication.
• Inaccurate Breath or Blood Testing: Breathalyzers and blood tests must be properly administered and maintained according to strict protocols. Mishandled equipment, improper calibration, or contamination of blood samples can result in inaccurate readings.
• Rising Blood Alcohol Concentration (BAC): Alcohol absorption varies from person to person. It is possible that your BAC was under the legal limit while you were driving but rose above the limit by the time you were tested.
• Violation of Constitutional Rights: If your rights had been violated at any point during the stop, arrest, or investigation—for example, if you were not informed of your right to remain silent or if you were subjected to an illegal search—the evidence obtained may be thrown out.

Contact Our DUI Lawyer in Napa County Today

A DUI is a serious criminal offense with potential jail time, fines, a suspended license, weekly DUI school, years of probation, and a criminal record. When charged with this crime, you will have the following aligned against you: the Napa County District Attorney, who decides whether to charge you; the Assistant Napa County District Attorney, who will argue for the state against you; and the Napa County judge whose job is to sentence you. They are all lawyers. Even the Napa County law enforcement personnel who arrested you have lawyers. 

Considering the above, isn’t it vital to have a lawyer on your side? Put a team of Napa County DUI lawyers behind you from Wilber Law Offices. We reduce stress, increase your chance for optimum results, provide invaluable guidance, and fight for you against all those lawyers mentioned. 

Contact Wilber Law Offices, P.C. today at (707) 289-7006 to schedule a FREE initial consultation with our Napa County DUI attorneys!