Best Drunk Driving Lawyers in Bakersfield

About Drunk Driving Law in Bakersfield, United States

Drunk driving, legally known as Driving Under the Influence (DUI), is a serious offense in Bakersfield, United States. Laws are strictly enforced due to the dangers drunk driving poses to public safety. A DUI can result from operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher for adults, or any detectable amount for drivers under age 21. Local authorities, including the Bakersfield Police Department and Kern County Sheriff's Office, actively patrol and conduct sobriety checkpoints to deter drunk driving.

Why You May Need a Lawyer

Facing a DUI charge in Bakersfield can have significant legal and personal consequences. Here are common situations where hiring a DUI lawyer is beneficial:

• If you have been arrested or charged with DUI or DWI.
• If you are at risk of losing your driver's license.
• If this is a repeat offense or if your BAC was significantly above the legal limit.
• If there was an accident or injuries involved.
• If you are unsure about your legal rights and options.
• If you want to challenge field sobriety or chemical test results.
• If you need help navigating the court system and DMV hearings.

A qualified DUI attorney can help you understand the charges, protect your rights, negotiate plea deals, represent you in court, and seek to minimize penalties.

Local Laws Overview

In Bakersfield, DUI laws are governed by both California state law and local enforcement practices. Here are key points to be aware of:

• BAC Limits: 0.08 percent or higher for drivers 21 and over; 0.01 percent for drivers under 21 (Zero Tolerance Law); 0.04 percent for commercial drivers.
• Consequences: Penalties may include fines, jail time, probation, mandatory alcohol education programs, license suspension, and installation of an ignition interlock device (IID).
• Aggravating Factors: Enhanced penalties can apply if there was a minor in the vehicle, a BAC substantially above the limit, prior DUI convictions, or if the DUI caused injury or property damage.
• Refusal Laws: Refusing to submit to a breath, blood, or urine test after a lawful arrest can result in automatic license suspension and increased penalties.
• DMV Hearings: After a DUI arrest, you have a limited time (usually 10 days) to request a DMV hearing to contest your license suspension.

Frequently Asked Questions

What should I do if I am pulled over for suspected drunk driving?

Stay calm, be polite, and follow the officer's instructions. Provide your license, registration, and proof of insurance when asked. You have the right to remain silent, and you can decline to answer questions about where you have been or how much you have had to drink. Consult a lawyer as soon as possible.

Will I lose my license after a DUI arrest in Bakersfield?

You may face an automatic license suspension, but you have the right to request a DMV hearing to challenge the suspension. Timeframes are short, so act quickly.

Can I refuse a breathalyzer or sobriety test?

You can refuse, but refusal after lawful arrest typically results in additional penalties, including automatic license suspension and possible increased fines or jail time.

What are the penalties for a first-time DUI in Bakersfield?

Penalties may include fines, jail time (up to 6 months), probation, mandatory DUI school, license suspension for 4-6 months, and installation of an IID.

What if I am under 21 and charged with DUI?

California enforces a Zero Tolerance Law. Any measurable BAC can result in criminal charges, license suspension, and other penalties.

Do I need a lawyer if this is my first DUI offense?

While not required by law, having a lawyer can help you understand your options, potentially reduce charges, protect your license, and represent you in court.

What is an ignition interlock device (IID)?

An IID is a breathalyzer installed in your car that prevents your vehicle from starting if alcohol is detected on your breath. In many cases, courts require IIDs after a DUI conviction.

How long does a DUI stay on my record?

A DUI conviction typically stays on your record in California for ten years for sentencing and penalty enhancement purposes.

Can I get a DUI expunged from my record?

In many cases, eligible individuals can petition for expungement of a DUI from their criminal record after completing probation and fulfilling court requirements. A lawyer can assist you in this process.

What are my options if I caused an accident while driving drunk?

If an accident occurred, penalties may be more severe, and you could face civil liability for injuries or property damage. Speak with a lawyer immediately to understand your risks and legal defenses.

Additional Resources

• Kern County Public Defender's Office
• California DMV Driver Safety Office
• Bakersfield Police Department
• Kern County Superior Court
• California Office of Traffic Safety
• Local legal aid clinics and referral services
• National Highway Traffic Safety Administration
• California Department of Alcohol and Drug Programs

Next Steps

If you are facing a DUI charge in Bakersfield, act promptly to protect your rights. Consider the following steps:

• Consult with a qualified DUI defense lawyer with experience in the Bakersfield area.
• Do not ignore any paperwork or deadlines, especially related to DMV hearings.
• Gather and preserve any evidence or documentation related to your arrest and case.
• Comply with court orders and legal requirements for your release.
• Seek support from relevant organizations or public resources if needed.

Addressing DUI charges is complex, but with the right legal representation and timely action, you can work toward the best possible outcome. Do not hesitate to reach out for professional help if you are unsure about your situation or need legal advice specific to your case.