Best Drunk Driving Lawyers in Brentwood
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Brentwood, United States
1. About Drunk Driving Law in Brentwood, United States
Brentwood residents are subject to California’s DUI laws. In practice, this means police enforce the California Vehicle Code rules that govern driving under the influence of alcohol or drugs. A DUI arrest can lead to both criminal charges and an administrative license suspension through the DMV. Local courts in Contra Costa County handle Brentwood DUI prosecutions with typical penalties ranging from fines to jail, depending on the case details.
Legal outcomes in Brentwood depend on factors such as BAC level, presence of minors, injuries, prior offenses, and whether a commercial vehicle was involved. The intersection of criminal charges and DMV actions creates a two-track process: court proceedings and license suspension decisions. Having counsel can help you navigate both processes effectively.
2. Why You May Need a Lawyer
- Your arrest involved a contested stop or field sobriety tests in Brentwood. An attorney can challenge the legality of the stop, reliability of tests, and how procedures were followed by the Brentwood police department. This can affect whether charges proceed and what defenses are available.
- A DMV Administrative Per Se suspension was issued after a chemical test. A lawyer can request a DMV hearing within 10 days and work to minimize license loss while the criminal case moves forward.
- You face a DUI with injury charge (DUI causing bodily harm). This can be charged as a more serious offense with harsher penalties. An attorney can negotiate or argue for reduced charges or tailored defenses.
- You have prior DUI offenses or a non typical aggravating factor. Repeated DUIs can lead to felony charges in some circumstances. A lawyer can assess lookback periods and how prior history affects sentencing and eligibility for diversion or alternatives.
- Your BAC result is disputed or a test was mishandled. A lawyer can investigate calibration, maintenance records, and compliance of testing equipment used in Brentwood and seek suppression if flaws exist.
- You drive a commercial vehicle or are a professional driver. California imposes different thresholds and penalties for commercial drivers. A lawyer can explain how those rules apply to your case and license status.
3. Local Laws Overview
- California Vehicle Code 23152(a) and 23152(b) - Driving Under the Influence. It is illegal to drive while impaired by alcohol or drugs, or with a BAC of 0.08 percent or higher for non-commercial drivers. These provisions form the core of most Brentwood DUI prosecutions.
- California Vehicle Code 23153 - DUI with Injury. If driving under the influence causes an injury, prosecutors may pursue enhanced charges and penalties. This can lead to stricter sentencing and separate civil exposure.
- California Vehicle Code 23612 and related implied consent rules. Refusal to submit to a chemical test can trigger license suspension. The DMV process is separate from criminal court, but both affect your driving privileges.
- California Vehicle Code 13353 and related administrative per se provisions. Administrative suspensions follow chemical test failure or refusal. A timely hearing can affect the duration of suspension.
- California Vehicle Code 23700 and related ignition interlock device (IID) requirements. Courts may order IID installation as a condition of license reinstatement or during probation. IID rules have evolved to address repeat offenses and compliance expectations.
“Under California law, it is illegal to drive with a BAC of 0.08 percent or higher for most drivers.”
Source: California Vehicle Code sections 23152 and 23153 (official statutes). California Legislative Information
“Administrative Per Se suspensions may be issued after a chemical test result or a refused test, and a hearing can affect the license status.”
Source: California DMV information on suspensions and hearings. California DMV
4. Frequently Asked Questions
- What is the BAC limit for a standard DUI in California? The limit is 0.08 percent for non-commercial drivers.
- How do I request a DMV administrative hearing after a DUI? You must file a request within 10 days of the suspension notice to challenge the DMV decision.
- What happens if I refuse a chemical test in Brentwood? Refusal can trigger an immediate license suspension and may lead to criminal charges separately.
- What is the difference between a DUI and a DUI with injury? A DUI with injury involves harming another person and carries enhanced penalties.
- Do I need a Brentwood lawyer for a first DUI offense? An attorney can protect your rights, challenge evidence, and explain your options for plea or trial.
- How long can a DUI affect my driving record in California? A DUI can impact credit and insurance for years, depending on the court outcome and penalties.
- What penalties may a judge impose for a first DUI in California? Penalties can include fines, probation, mandatory classes, and possible jail time depending on circumstances.
- Can a DUI be charged as a felony in Brentwood? Yes, if there are aggravating factors or repeat offenses within a lookback period.
- What is ignition interlock and how does it affect my license? An IID requires the car to detect a clean breath before it starts; courts may require it for reinstatement.
- How much will a DUI cost including fines and fees? Costs include fines, attorney fees, court costs, and potential IID installation and maintenance.
- Is my license suspended immediately after arrest? Not automatically; a suspension can occur after a DMV action or court order depending on evidence and procedures.
- What is the process for arraignment in Contra Costa County DUI cases? The process typically involves entering a plea and scheduling subsequent hearings in the Brentwood-adjacent court system.
5. Additional Resources
- California DMV Official government agency that manages driver licenses, suspensions, and ignition interlock requirements. Resource: licensing and post-arrest procedures. https://www.dmv.ca.gov
- California Legislative Information Official source for California Vehicle Code sections cited in DUI cases. Resource: text of statutes such as 23152, 23153 and 13353. https://leginfo.legislature.ca.gov
- Contra Costa County District Attorney Prosecutes DUI cases and provides information on how investigations are handled in Brentwood and nearby cities. https://www.co.contra-costa.ca.us
6. Next Steps
- Identify your Brentwood DUI defense priorities. List the date of arrest, charges filed, and any DMV notices. This helps frame your strategy with a lawyer within 48 hours of contact.
- Research local DUI attorneys in Brentwood. Look for experience with Contra Costa County cases, court familiarity, and clear communication. Schedule initial consultations within 5-7 days of arrest if possible.
- Schedule a consultation with a DUI solicitor or attorney. Bring the arrest report, bail conditions, any BAC results, and a list of witnesses. Ask about potential defenses and likely timelines.
- Decide whether to request a DMV hearing immediately. If you received a suspension notice, file the DMV hearing request within 10 days to preserve driving privileges.
- Prepare for court and possible plea options. Discuss potential plea deals, diversion opportunities, probation, or alternatives with your attorney.
- Gather key documents and evidence. Obtain calibration logs, maintenance records for testing equipment, police report details, and any video or audio recordings from the stop.
- Consider long-term consequences and plan for license reinstatement. Discuss IID requirements, treatment programs if advised, and steps to restore driving privileges after resolution.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.