DUI

San Luis Obispo DUI Attorneys

Charged with DUI in San Luis Obispo? Our DUI Defense Attorneys Can Fight for You.

Driving under the influence is a crime that cuts across all socioeconomic backgrounds. You face the risk of serious legal and personal consequences if you are charged with DUI in San Luis Obispo. When accused of a DUI offense, it is critical to have the support of experienced DUI defense attorneys. The attorneys at the Stein-Conaway Law Firm, P.C. offer compassionate and effective defense representation for misdemeanor and felony DUI charges. We understand what it takes to defend drunk driving charges. We focus on building a defense strategy designed to lead to the best outcome for you.

What Are the Penalties for DUI in San Luis Obispo?

In California, DUI convictions are severely punished. The consequences of a DUI conviction can include the following penalties:

  • Fines and Fees: DUI convictions can lead to costly fines and court fees.
  • License Suspension: A DUI can result in the loss of your legal right to operate a vehicle, leaving you unable to drive to work, school, or other activities.
  • Probation: Probation is usually imposed as part of your sentence, with strict requirements that, if violated, will lead to legal repercussions, including incarceration.
  • Mandatory Alcohol Programs: DUI offenders are often required to attend alcohol education programs, which are time-consuming and costly.
  • Incarceration: Depending on the facts of the DUI case, whether it’s a misdemeanor or felony, whether you injured anyone, and whether you have any prior DUI convictions on your record, the potential jail time for a DUI can range from just days in county jail to years in prison.
  • Ignition Interlock Device: You may be required to have an ignition interlock device installed in your vehicles at your own cost.

It is imperative to be represented by an experienced DUI defense attorney with the skills and experience to maximize the chances of having the DUI charges dismissed, reduced to a lesser charge, having the consequences reduced, or winning the case in a trial.

How Can Stein-Conaway Law Help Me With a DUI Defense?

The attorneys at the Stein-Conaway Law Firm, P.C. will carefully evaluate all the evidence that led to the DUI arrest. Our defense strategies could include any of the following actions:

  • Challenging Testing Evidence: Our DUI defense attorney will review the evidence, including breathalyzer and blood test results, and scrutinize the administration and performance of field sobriety tests. If we find errors, we will use those errors to mitigate the outcome or get erroneously acquired evidence suppressed.
  • Investigating the Traffic Stop: Law enforcement must have a valid reason for stopping you. If we discover that our client was pulled over without probable cause, we will fight to get all evidence acquired after that illegal stop suppressed. If successful at suppressing the evidence, it can lead the prosecutor to dismiss the charges.
  • Identifying Procedural Errors: DUI arrests require strict adherence to legal protocols. When it is found that law enforcement deviated from the required procedures, it weakens the case against you.
  • Negotiating for Reduced Charges: Our defense lawyers could negotiate a reduced charge or alternative sentencing.

We fight to reduce or dismiss charges whenever possible, protecting your record and helping you avoid severe consequences.

What Is The DUI Legal Process?

When you face a DUI charge, you can expect the case to unfold with the following steps:

  • Pre-Filing: While law enforcement suggests charges when you are arrested, it is the prosecutor’s office that makes the decision to charge you with a crime and what crime to charge you with if there are options for the prosecutor to consider. In some cases, we can advocate for you at the pre-filing stage to seek to impact the prosecutor’s decision of what to charge you with.
  • Arraignment: This is your first appearance in court when you can enter a plea. Our attorneys will work with you in advance of the arraignment so you know exactly what to expect. Oftentimes, for first or second misdemeanor DUI offenses, you don’t even need to step foot in the courtroom.
  • Discovery and Investigation: We will gain access to the evidence in the case, including police reports, lab results, and witness statements. This is the first step in building a defense case.
  • Pre-Trial Negotiations: We will negotiate with the prosecution to reduce the seriousness of the consequences you are facing. We will help you apply for any jail or prison alternatives you may be eligible for.
  • Trial: When a case goes to trial, our DUI defense attorney will represent you, presenting evidence and arguments challenging the evidence being used against you.

At each step of the legal process, the Stein-Conaway Law Firm, P.C.  DUI defense lawyers will keep you informed and involved. We believe in ongoing communication and ensure our clients know what to expect and are prepared for court appearances. We are always available to answer your questions or concerns and respond to calls promptly.

Will I Lose My Driver’s License?

A DUI arrest typically leads to an automatic license suspension by the DMV. This process is entirely separate from the DUI criminal process. After being arrested for a DUI, you have only 10 days to request a DMV hearing, or you lose your opportunity to retain your right to drive. Our DUI defense attorney from the Stein-Conaway Law Firm, P.C. can represent you at the driver’s license suspension hearing. If we see a legal or factual argument to have the suspension set aside, we will fight for that outcome.

What Should I Do After a DUI Arrest?

If you’ve been arrested for a DUI, the actions you take after your arrest can dramatically impact the outcome of the case. We advise the following:

  • Contact our DUI Attorneys: Consulting a lawyer immediately after your arrest is your most urgent and vital step. Exercise your right to remain silent to avoid making statements that could be used against you and may harm your defense.
  • Request a DMV Hearing: With only 10 days from your arrest to request a DMV hearing to challenge your license suspension, this action must be taken immediately. Our DUI office can give you instructions so that you can request this hearing on your own, or we can request it for you.
  • Document the Details: Write all the facts you remember about the traffic stop and arrest, including the reason the police told you they pulled you over—they need a valid reason for a traffic stop.

When our experienced DUI attorneys represent you, you increase your chances of avoiding jail, a license suspension, increased insurance rates, and probation terms.

Can I Refuse a Breathalyzer or Field Sobriety Test?

When you are pulled over by a police officer, and the officer suspects you are driving under the influence, you will be asked to perform several field sobriety tests. These tests may include asking you if you had anything to drink in the hours leading up to the stop, following the officer’s finger with your eyes, standing on one leg, walking heel to toe for a series of steps and then turning around and walking back, estimating 30 seconds in your head, and the field breathalyzer tests. All of those tests are designed to build evidence against you and are used as probable cause for your arrest. These field sobriety tests are optional, but a police officer will not tell you that. Regardless of whether you consent to those field sobriety tests, if the officer believes that he or she has enough evidence to arrest you for DUI, you will be arrested. California state law requires every driver to supply a breath or blood test once arrested for DUI. So, while the field sobriety tests are optional, once you are arrested for DUI, you have to either give a blood sample or breath samples, or there will be serious consequences on your driver’s license for refusing to do so.

What Are the Types of DUI Crimes?

Under California law, each type of DUI has specific penalties.

Driving Under the Influence of Alcohol or Drugs or Both, or Driving with a BAC of .08% or Higher

California law has established 0.08% BAC as the legal limit for drivers aged 21 and older. This means that it is illegal to drive with a BAC at or higher than that level. This is true even if you feel no effects of the alcohol. In addition to prohibiting driving with a BAC of .08% or higher, California law also prohibits people from driving under the influence of alcohol, drugs, or a combination of alcohol and drugs.

Underage DUI

Drivers who are under 21 can be charged with driving under the influence of alcohol or driving with a BAC of .08 or higher as a misdemeanor, but they can also be charged with driving with a .01 BAC or higher as an infraction or driving with a .05 BAC or higher as an infraction. While the driving under the influence or driving with a .08 BAC or higher misdemeanor DUI charge carries more serious criminal consequences than the lower BAC DUI infractions, even having a .01 BAC DUI infraction has serious consequences, including driver’s license suspension, fines, and attendance at mandated alcohol education programs.

Commercial DUI

Drivers with a commercial driver’s license (CDL) are subject to stricter BAC limits due to the increased danger of large heavy vehicles. Commercial drivers who are accused of driving commercial vehicles with a BAC of .04% or higher can be charged with DUI even if they are sober and driving safely. When a commercial driver is driving a non-commercial vehicle, such as a car or small truck, California’s .08% BAC standard applies. A first-time DUI conviction causes your commercial license to be suspended for at least one year, and if you are convicted of a second DUI, you lose your commercial license for life pursuant to California Vehicle Code section 15302.

DUI Causing Injury

When someone drives under the influence or drives with a .08% BAC or higher and causes an accident where someone besides the driver is injured, the driver can be charged with a more serious crime: DUI causing injury. This charge could be filed as a misdemeanor or felony based on the extent of the injuries and if the driver has a prior DUI record. Penalties for DUI causing injury are significant, often including jail or prison time, heavy fines, and driver’s license suspension or revocation. If the injuries are severe, a driver might be facing strike offenses for causing great bodily injury.

If the person dies as a result of a driver’s first-time DUI, the DUI driver will face manslaughter charges. If a person dies as a result of a second or subsequent DUI, the driver will likely face second-degree murder charges.

Drug DUI

California also has laws that make driving under the influence of drugs illegal. This applies to all drugs, whether recreational, prescribed, or over-the-counter. You will be charged with this offense when it is alleged that a drug or medication impaired your ability to operate your vehicle safely. In these cases, the prosecution won’t rely on BAC testing evidence. Drug intoxication is typically established by presenting evidence of the field sobriety tests, observations of the driver, and testimony from forensic toxicologists who can explain the results of drugs found in the blood. Drug DUIs carry similar criminal penalties as alcohol DUIs.

DUI with Prior Convictions

For drivers with one or more prior DUI convictions in the past 10 years, each subsequent DUI will lead to far more severe penalties, including more extended periods of incarceration, higher fines, and license suspension or revocation. A fourth DUI in 10 years may be filed as a felony offense, which can include prison time.

Felony DUI

A DUI may be charged as a felony if a driver has three previous misdemeanor DUI convictions in the past 10 years, has caused an accident with minor, serious, or fatal injuries, or had a prior felony DUI. A conviction for a felony DUI can be a life-altering event, as it may include time in county jail prison or state prison, expensive fines, and a permanent felony criminal record. Those with professional licenses may lose licensure and can no longer work in their chosen profession.

A DUI that causes injury to another person can be charged as a misdemeanor or a felony. If the injuries are severe enough, the felony DUI charge could be enhanced by an allegation that the driver caused “great bodily injury” (GBI). Causing GBI is a “strike” offense under the California Three Strikes Law.

Why Choose Stein-Conaway Law Firm, P.C. for Your DUI Defense?

Choosing the right attorney can make a dramatic difference in what happens after being charged with DUI. At the Stein-Conaway Law Firm, P.C., you can expect a different experience—you will be represented by a talented criminal defense lawyer who genuinely cares about you and your future.

  • Local Knowledge: We have extensive experience with the San Luis Obispo courts, prosecutors, and DMV hearing personnel. This gives us valuable insight into how to present your case in the most favorable light.
  • Personalized Approach: Every DUI case has a unique set of facts. The legal actions we take on your behalf will be based on what we believe will produce the most beneficial result based on the circumstances—it is never a cookie-cutter approach. We are energetic, intelligent, and experienced in DUI defense.
  • Clear Communication: A DUI charge can be very stressful, and the future seems uncertain. We always keep our clients informed and are responsive to calls and questions—we don’t leave you in the dark.

The attorneys at the Stein-Conaway Law Firm, P.C. have earned reputations for legal excellence and for presenting compelling defense cases for criminal offenses, including misdemeanor and felony DUI charges in San Luis Obispo. Contact us today at 805-439-6069 for an initial consultation and to see why we are the best attorneys who can help you.