Best DUI & DWI Lawyers in Bakersfield
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List of the best lawyers in Bakersfield, United States
About DUI & DWI Law in Bakersfield, United States
If you have been arrested or charged with Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) in Bakersfield, United States, it is important to know that these are serious offenses under California law. DUI and DWI typically refer to operating a motor vehicle while impaired by alcohol or drugs, including prescription medications or illegal substances. In Bakersfield, DUI cases are handled according to California state statutes, which set strict legal blood alcohol content (BAC) limits and impose severe penalties on those found guilty. Understanding the basics of how these laws work in Bakersfield can help you make informed decisions about your situation.
Why You May Need a Lawyer
DUI and DWI charges can have life-altering consequences. Whether it is your first offense or you have prior convictions, a lawyer can help navigate the legal system and fight for your rights. Common situations where legal representation is important include:
- You are facing a high BAC reading above the legal limit
- This is not your first DUI or DWI offense
- There was an accident, injury, or property damage involved
- Your license may be suspended or revoked
- You were told you refused a chemical or breath test
- You believe you were wrongfully stopped, arrested, or tested
- You are concerned about the penalties including jail time, fines, or ignition interlock device requirements
- Your case involves aggravating factors such as a minor in the car or excessive speeding
An experienced lawyer can review your case details, challenge evidence, negotiate with prosecutors, and represent your interests in court or at DMV hearings.
Local Laws Overview
Bakersfield, as part of Kern County, follows California state DUI and DWI laws. Here are key local law aspects relevant to drivers in Bakersfield:
- The legal BAC limit is 0.08 percent for drivers 21 and older. For commercial drivers, it is 0.04 percent. For drivers under 21, any detectable BAC (0.01 percent or more) can result in penalties.
- California enforces an implied consent law, meaning if you operate a vehicle, you agree to submit to chemical testing if suspected of DUI. Refusing a test can lead to automatic license suspension.
- Penalties for DUI and DWI may include fines, probation, jail time, license suspension, community service, and completion of DUI education programs, even for a first offense.
- Enhanced penalties can apply if there are aggravating circumstances such as high BAC, repeat offenses, injury or death, or having a child passenger in the vehicle.
- The California Department of Motor Vehicles (DMV) handles administrative actions such as license suspension separate from the criminal court process.
DUI cases are prosecuted by the Kern County District Attorney and are heard in local courts such as the Kern County Superior Court. Convictions can have impacts that extend beyond criminal penalties, including higher insurance costs, employment issues, and permanent criminal records.
Frequently Asked Questions
What is considered a DUI or DWI in Bakersfield?
DUI and DWI generally refer to driving while impaired by alcohol, drugs, or both. In Bakersfield, the most common cases involve a driver operating a vehicle with a BAC of 0.08 percent or higher, although some offenses can be charged at lower BAC levels depending on the driver's age or license type.
What happens after a DUI arrest in Bakersfield?
After a DUI arrest, law enforcement may book you into jail, issue a citation, and take your driver's license. You will likely receive a temporary license and notices for court dates and DMV hearings. Quick action is required to contest a license suspension.
Will my driver's license be suspended automatically?
If you are arrested for DUI or DWI and fail or refuse a chemical test, the DMV will initiate an administrative suspension of your driving privileges. You have the right to request a hearing within a limited number of days to contest the suspension.
Can I refuse a breath or blood test?
Refusing to take a chemical test can result in automatic license suspension and increased penalties, separate from any criminal punishments. If you believe the request was unjustified, your lawyer can challenge the circumstances of the request and subsequent penalties.
What penalties might I face for a first offense?
For a first DUI offense in Bakersfield, penalties can include fines, jail time (usually short term for a first offense), license suspension, mandatory DUI classes, and installation of an ignition interlock device. Penalties can increase significantly for higher BAC or aggravating factors.
Is jail time mandatory for a DUI conviction?
Jail time is possible for DUI or DWI convictions, but first time offenders often receive alternatives such as probation, community service, or home detention, depending on the circumstances and the defense presented.
How does a DUI conviction affect my insurance?
Your car insurance premiums are likely to increase after a DUI conviction. Some insurers may even decline to renew your policy. A conviction will remain on your record and can impact insurance rates for years.
Can a DUI charge be reduced or dismissed?
Yes, with the help of an experienced lawyer, it may be possible to challenge the evidence, prove errors in testing or procedure, and negotiate for reduced charges such as reckless driving, or even a dismissal in some cases.
How do I get my license reinstated after a DUI?
After serving a suspension period and meeting all court and DMV requirements such as DUI school, payment of fees, and possibly installing an ignition interlock device, you can apply to have your license reinstated.
Should I hire a local DUI lawyer in Bakersfield?
Local lawyers have experience with the courts, prosecutors, and judges in Bakersfield and know how local law is applied. They can provide the best advice and defense for your case, maximizing your chances of a favorable outcome.
Additional Resources
If you are seeking more information or assistance with a DUI or DWI issue in Bakersfield, consider contacting the following:
- California Department of Motor Vehicles (DMV) for license and administrative suspension questions
- Kern County Superior Court for information on DUI cases and court dates
- Mothers Against Drunk Driving (MADD) for support services and DUI education
- National Highway Traffic Safety Administration for facts about impaired driving
- Local DUI lawyers and legal aid organizations for personalized legal assistance
Next Steps
If you are facing DUI or DWI charges in Bakersfield, time is critical. Start by documenting all facts about your arrest and any police interactions. Request a DMV hearing promptly if your license is at risk. Consult with a qualified local DUI defense attorney who can review your case, explain your options, and represent you in court and at DMV hearings. Attorneys can help ensure that your rights are protected and may be able to reduce or eliminate charges, minimize penalties, and protect your driving privileges. Taking these steps quickly can make a significant difference in the outcome of your case.
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.