Santa Barbara DUI Attorney
Contact Our Santa Barbara Criminal Lawyer Today At (805) 467-6060!
Reasons To Choose Our Firm
- We provide free case consultations
- We have extensive trial experience
- We provide flexible appointment availability
- We are a husband and wife duo
- We employ a former district attorney
- We are backed by 30+ years of experience
In California, a DUI is a misdemeanor that carries a minimum 48 hours in
jail for a first offense. Repeat convictions will translate into harsher
punishments. Any DUI within the last 10 years will be considered a prior
conviction. Even with incriminating evidence such as a high BAC and blood
tests, DUI charges are beatable. Furthermore, a DUI can jeopardize your
immigration status, potentially resulting in your removal.
If you have recently received a DUI, we strongly advise you to retain our
immediate representation. Do not navigate through the complexities of
the legal system with our personalized legal solutions and supportive
The penalties for a 1st offense DUI for a person 21 years of age or older include:
- Immediate suspension of driver's license
- Up to 6 months in jail
- DUI programs
- Up to $1,000 in fines, plus additional penalties/fees
- Installation of an ignition interlock device
Probable Cause for DUI
According to California DUI laws, police are required to have probable
cause in order to pull you over. If you have been pulled over for DUI,
understanding whether the police had probable cause can be a vital piece
of your defense.
In order to understand probable cause, it is important to remember the
Probable cause is when the police have enough facts or evidence to support
a reasonable belief that a crime was committed. Probable cause for suspicion of DUI could include:
- Drifting within your lane
- Failing to stop.
Police can use accidents or injuries as probable cause. If you were in an accident or caused an injury to someone, and the police
observe the accident, they can use the accident, or injury, as grounds
for probable cause to suspect you were driving under the influence.
Police can use behavior as evidence for probable cause. Once the police observe a driving behavior that could trigger them to
pull you over, they continue to observe and gather information about you
based on your behavior. For example, if you were pulled over for rolling
through a stop sign and, as you open your window, marijuana smoke exits
the car, the police have probable cause you were driving under the influence.
You can fight a DUI charge if the police pull you over
without probable cause. If the police have truly pulled you over without probable cause, and
you are later arrested for DUI, our Santa Barbara DUI lawyer can help
you fight it with a motion to suppress.
The DMV Hearing
If you were arrested for a DUI, you may be scheduled for both a DMV hearing
and an arraignment. These are two separate proceedings handled by different entities.
The DMV hearing focuses primarily on the circumstances of your arrest;
it is not for determining whether you are guilty or innocent. During the
hearing, the results of your chemical test will be discussed, as well
as the lawfulness of your arrest. If you did not submit to a chemical
test, the DMV officer will ask about the reason for your refusal and if
you were told that you would lose your driving privileges for refusing
to take the test.
Although, you are not required to have a DMV hearing, appearing for one
could help prevent a driver’s license suspension. Your attorney
can attend this hearing on your behalf. Our lawyers will fight to keep
your driving privileges from being suspended or revoked.
The Trial Process
The trial process is separate from the DMV hearing, and the outcome of
the hearing does not affect your case. During the trial process, you will
be scheduled for an arraignment where the prosecutor will inform you of
the charges against you. At this stage, you will have the opportunity
to plead not guilty, guilty, or no contest.
If you plead guilty, you will be sentenced, and a judge will issue penalties.
If you plead not guilty, your case will enter the pretrial phase, during
which your attorney will scrutinize the prosecutor's evidence. The
pretrial phase also allows the defense and prosecutor to enter into negotiations
and attempt to resolve the case out of court.
If negotiations fail, your case will be taken to trial, where you will
have the opportunity to challenge the prosecutor’s case.
At Appel & Morse, our
DUI lawyers in Santa Barbara can look into the details of your case and explore ways to fight your
charges. Our priority is to keep you out of jail and to
protect your driving record and license. Whether we are scrutinizing the validity of chemical test results or
questioning whether the arresting officer had probable cause to pull you
over, we exhaust every option to help you secure the best possible outcome.
Discuss your DUI charges during a
free criminal consultation.
Call (805) 467-6060.
Our DUI Lawyers Will Serve As Your Aggressive Advocates
When you retain our services, our
Santa Barbara DUI defense lawyers are prepared to work for you. We can visit the location, study the arresting
officer's background, reanalyze blood samples, examine a breathalyzer,
subpoena and cross-examine officers, and look for any weaknesses in the
prosecution's case. As your DUI attorneys in Santa Barbara, We are
also prepared to help you fight for your driving privileges. After you
are arrested and given a temporary license, you need to schedule a DMV
hearing immediately, if you want a chance at having your suspension lifted.
Our Santa Barbara DUI attorneys handle a wide range of DUI cases, including:
Over 30 Years of Proven DUI Defense,
Contact Us at (805) 467-6060
With more than 30 years of combined legal experience and a background that
includes serving as a
former deputy district attorney, we have the knowledge and skills necessary to fight for you. Our DUI
attorney is intimately familiar with our local courts and the dynamics
of the judges, prosecutors, and law enforcement officials. We are ready
to use our insider knowledge to help our clients even the playing field.
For a free, criminal consultation,
call Appel & Morse
today at (805) 467-6060!