Best DUI & DWI Lawyers in Novato

About DUI & DWI Law in Novato, United States

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are criminal offenses in Novato, United States. These offenses usually refer to operating a vehicle while impaired by alcohol or other drugs, including prescription medications. Novato, located in Marin County, enforces strict laws to keep roads safe and to deter impaired driving. Penalties can be severe, ranging from fines and license suspension to jail time, depending on the severity of the offense and prior history.

Why You May Need a Lawyer

Hiring a lawyer when facing DUI or DWI charges in Novato can be essential for several reasons. Even a first-time offense can result in serious consequences that impact your driving privileges, employment opportunities, insurance rates, and criminal record. Here are common situations where legal help is necessary:

• You have been arrested or charged with DUI or DWI.
• There are aggravating circumstances, such as high blood alcohol content or involvement in an accident.
• You are a repeat offender with prior DUI or DWI convictions.
• You believe there was a mistake or violation of your rights during the arrest.
• You need assistance navigating court proceedings, plea bargains, or license reinstatement hearings.
• You are a non-resident or hold a commercial driver’s license with special requirements.

A skilled DUI or DWI attorney can assess the circumstances of your case, protect your rights, and help reduce or dismiss charges where possible.

Local Laws Overview

In Novato, DUI and DWI charges are prosecuted under California state law, enforced by local police and the Marin County Sheriff’s Office. Key points to understand:

• The legal blood alcohol concentration (BAC) limit for drivers age 21 and older is 0.08 percent.
• Drivers under 21, and commercial drivers, are subject to lower BAC limits (0.01 percent and 0.04 percent, respectively).
• Refusing to submit to a chemical test after arrest can result in automatic license suspension, regardless of the case’s outcome.
• Penalties increase for repeat offenders, high BAC, or if a minor is present in the vehicle.
• Administrative and criminal proceedings are separate - you may face action by both the court and the Department of Motor Vehicles (DMV).
• DUI can also be charged for driving under the influence of drugs (DUID), including legal or prescription medications if they impair your ability to drive safely.
• Strict deadlines exist for requesting a DMV hearing to contest license suspension - generally within 10 days of arrest.

Frequently Asked Questions

What is the difference between DUI and DWI?

DUI and DWI both refer to driving while impaired, but in California, including Novato, "DUI" is the official term used. Both generally mean operating a vehicle while under the influence of alcohol or drugs.

What happens if I refuse a breathalyzer or blood test?

Refusing a chemical test after being lawfully arrested for DUI in Novato typically results in an automatic license suspension under California’s "implied consent" law, in addition to other possible penalties.

How soon after arrest do I need to act?

You or your attorney must request a DMV hearing within 10 days of your arrest to try to prevent an automatic license suspension.

What penalties am I facing for a first-time DUI?

Penalties for a first DUI offense in Novato can include fines, mandatory DUI school, probation, license suspension, possible jail time, and installation of an ignition interlock device.

Is it possible to get DUI or DWI charges reduced or dismissed?

Yes, in some cases, charges can be reduced or dismissed. This depends on the evidence, arrest procedures, and whether your rights were violated. An attorney can assess your situation and negotiate on your behalf.

What happens to my driver’s license after a DUI arrest?

A DUI arrest triggers an automatic DMV review, which can result in an administrative license suspension, separate from any potential criminal penalties from the court.

What if I was arrested for DUI and I am under 21?

Drivers under 21 face a "zero tolerance" law, with any measurable alcohol leading to license suspension and enhanced penalties, even with a low BAC.

Can I still drive to work or school if my license is suspended?

You may be eligible for a restricted license allowing travel to work or school, provided certain conditions are met, such as enrolling in DUI school or installing an ignition interlock device.

Will a DUI conviction stay on my record forever?

A DUI conviction typically stays on your driving record for ten years in California. However, there may be options for expungement with legal assistance once you complete your sentence and probation.

What should I do immediately after a DUI arrest?

Contact a qualified DUI attorney promptly, request a DMV hearing within the deadline, and avoid discussing the case with law enforcement without legal representation.

Additional Resources

The following resources can be helpful to individuals seeking information or assistance related to DUI and DWI cases in Novato:

• California Department of Motor Vehicles (DMV) - Provides information on administrative license actions, hearings, and reinstatement requirements.
• Marin County Superior Court - Handles criminal DUI cases for Novato residents.
• California Highway Patrol and Novato Police Department - Offer educational resources regarding DUI laws and enforcement.
• National Highway Traffic Safety Administration (NHTSA) - Offers information on impaired driving and prevention.
• Local legal aid organizations - Some provide free or low-cost assistance to qualifying individuals facing DUI charges.

Next Steps

If you are facing DUI or DWI charges in Novato, prompt action is crucial. Here is a recommended plan of action:

• Contact a Novato-based DUI or criminal defense attorney as soon as possible for a case evaluation.
• Schedule a DMV hearing within 10 days of your arrest to challenge the automatic suspension of your driver’s license.
• Gather all documents related to your arrest, including tickets, police reports, and any correspondence from the DMV.
• Follow your attorney’s advice closely and attend all required court and DMV hearings.
• Consider enrolling in any recommended DUI programs early, as this may help in negotiations or sentencing.

Being proactive and working with a knowledgeable legal professional can protect your rights, minimize penalties, and give you the best chance for a favorable outcome.