Walnut Creek DUI Lawyer
Aggressive DUI Defense in Contra Costa County
A DUI can happen to anyone at the worst possible time. It seems normal for many people to have a few beers and then hop in their car and drive. Before you know it, a police officer pulls you over, asks you to do Field Sobriety Tests, and arrests you for driving under the influence (DUI). These incidents can occur unexpectedly and without warning, underscoring the need for immediate, informed legal assistance. It happens in the blink of an eye and can be one of the scariest times in your life. The experience can be daunting, but understanding your rights is crucial.
A DUI arrest in California can have severe penalties and lifelong consequences. A DUI lawyer can help you navigate the legal system, providing invaluable knowledge and support that may lead to reduced charges or complete dismissal. At Thomas Daly Law, A Professional Corporation, our Walnut Creek DUI lawyer understands the stakes in these situations for our clients and does everything possible to minimize the impact of these DUI charges in Contra Costa County. Our approach is tailored to each client's circumstances, building a strong defense.
Have you been accused of driving under the influence in California? Call Thomas Daly Law, A Professional Corporation today at (925) 208-4801 or contact us online to schedule a meeting with our DUI attorney in Walnut Creek!
What Are the Penalties For a DUI in Walnut Creek, California?
The consequences of a DUI conviction include jail time, fines, license suspension, DUI educational classes, and possibly the required installation of an ignition interlock device. Each of these penalties can significantly affect your daily routine, professional life, and family. The penalties for a DUI vary depending on whether it is a first offense or multiple offenses. A conviction for DUI will remain on your record for ten years. In California, drunk driving penalties include the following:
1st Offense DUI
- Up to 6 months in jail
- Between $390 to $1,000 in fines
- License suspension for 6 months
- Installation of Ignition Interlock Device (IID) for up to 6 months
2nd Offense DUI
- Between 96 hours to 1 year in jail
- Between $390 to $1,000 in fines
- License suspension for 2 years
- IID installation for 1 year
3rd Offense DUI
- Between 120 days to 1 year in jail
- Up to $1,800 in fines
- License suspension for 3 years
- IID installation for 2 years
DUI With Injury
California is cracking down on DUI offenders, and if there was an injury involved in your accident while driving drunk or under the influence of drugs, the consequences could be more severe. You might face higher fines and jail time. The state takes these cases very seriously, often imposing harsher penalties to deter future violations.
If you were arrested for a DUI that caused injuries, you might be facing the following:
- A felony DUI conviction
- 1 to 4 years in jail or prison
- A strike on your driving record
- A 5-year suspension of your license
- A mandatory 18 to 30-month sobriety course
Misdemeanor vs. Felony DUI Charges
Most DUIs are charged as misdemeanors. If this is your first, second, or third offense, then your situation will most likely be filed as a misdemeanor. However, repeated offenses or DUIs involving aggravating factors such as accidents or injuries can escalate the charges to a felony. There are, however, some circumstances in which drunk driving will be considered a felony in California—exposing the accused to serious consequences. Understanding the differences can help you and your Walnut Creek DUI attorney prepare a more effective defense strategy.
When Is DUI a Felony in California?
In California, there are three circumstances in which drunk driving can be considered a felony crime. These instances reflect a significant level of risk and danger posed not only to the driver but to others on the road as well. In these instances, lawmakers believe that the accused has demonstrated they are a significant threat to themselves and others.
Drunk driving can be considered a DUI when:
- It is the accused's fourth (or subsequent) drunk driving charge
- It is believed that the accused was responsible for a dangerous collision
- It is determined that the accused has a prior felony DUI conviction
Felony DUIs can carry severe consequences, including prison time. The maximum penalty for a typical felony DUI is a prison sentence of 3 years. Although these penalties are severe, many times, defendants can work towards mitigating them. However, our clients usually will only serve some actual prison time. Thanks to sentencing laws and Attorney Daly's application of them to his clients, most serve, at most, jail time and a probation period.
Penalties for Multiple DUIs in California
California has created much stricter drunk driving laws in recent years due to the large number of annual arrests. Increased penalties target repeat offenders, creating a heightened need for effective legal defense. You need a DUI lawyer in Walnut Creek who will put your best interests first and prioritize your situation. Thomas Daly will fight for you.
If you have multiple DUI charges in California, you may be facing:
- Jail time
- Loss of driving privileges
- Thousands of dollars in fines
- Mandatory community service
- High insurance premiums
- The loss of your job
Understanding OUI, DWI, and OWI Charges in Walnut Creek
People charged with impaired driving may notice that police and court documents use terms like OUI (Operating Under the Influence), DWI (Driving While Intoxicated), or OWI (Operating While Intoxicated). While the differences between these terms are subtle, each carries its own potential consequences under California law. In the East Bay, law enforcement and courts in Contra Costa County, such as the Martinez Superior Court, may use these different designations in specific cases depending on the facts and evidence presented. Knowing the nuances of each type of charge can help individuals better understand the nature of the allegations against them and the available legal defenses.
While DUI is the most common term in California, being charged with DWI or OUI can involve different procedures or evidence, particularly when drug impairment is alleged or a commercial vehicle is involved. An owi lawyer with experience defending against all three types of accusations can assess the specifics of your case, determine which laws apply, and prepare appropriate arguments in court. Legal counsel that is well-versed in varied terminology is especially important if your arrest involved unique circumstances, such as being stopped on Interstate 680 or near the Walnut Creek BART station, where police may have different protocols or expectations.
- Local variation in terminology can influence the charges filed and possible penalties
- Specific legal rights apply at each stage—from initial stop to chemical testing and arraignment
- Understanding county procedures in Contra Costa courts can make a critical difference in crafting a defense
Consulting with an attorney who recognizes these distinctions ensures you receive advice tailored to your charges, not just a one-size-fits-all approach. This is crucial whether your case is handled at the Walnut Creek courthouse or another facility in Contra Costa County, as each jurisdiction may interpret facts differently. Seeking guidance from a Walnut Creek legal professional who understands every aspect of DUI, OUI, DWI, and OWI law strengthens your ability to protect your rights and seek the best possible result.
Contact Our Walnut Creek DUI Attorney Today
You will probably be released without posting bail if you are arrested for a DUI in Walnut Creek, Contra Costa County, or elsewhere in California. If other circumstances don’t allow for your release, you will either be able to post bail or be taken to court for your arraignment.
At Thomas Daly Law, A Professional Corporation, our Walnut Creek & Contra Costa County DUI attorney routinely assists clients who are being held in jail. We understand the urgency of these situations and respond promptly to any requests for assistance. If you have a family member or friend in jail who needs assistance, call our firm immediately. Attorney Daly will instantly get to work to have your family member or friend bailed out, if possible.
If you’re out of jail, you should seek legal counsel immediately. It is important to act quickly, as early legal intervention can significantly impact the outcome. DUI lawyer Thomas Daly can help you through the DMV and court processes for an affordable rate. Thomas has extensive experience with DUI situations and understands the many ways to defend these scenarios—including knowing what is and is not poor driving, ways the Field Sobriety Tests can be attacked, and ways the breathalyzer or blood test can be scrutinized. He will work diligently to identify weaknesses in the prosecution's case while advocating for your rights.
Contact Thomas Daly Law, A Professional Corporation today at (925) 208-4801 to schedule a FREE consultation with our DUI lawyer in Walnut Creek!
FAQ About DUI Charges in Walnut Creek
What Should I Do Immediately After a DUI Arrest?
If you are arrested for a DUI, it is crucial to remain calm. Cooperate with the officers but remember that you have rights. Do not discuss the details of your situation without a lawyer present. Immediately contact our Walnut Creek DUI attorney to discuss your situation. The legal processes after a DUI arrest can be overwhelming, and an attorney can provide guidance to navigate these effectively.
How Can a DUI Attorney Help Reduce Penalties?
A DUI attorney can help reduce penalties by carefully assessing the arrest process, challenging the validity of the evidence, and negotiating plea deals. They understand the nuances of local DUI laws and use this knowledge to challenge improper procedures, such as faulty sobriety tests or inaccurate blood alcohol calculations. By identifying weaknesses in the prosecution's case, a DUI lawyer can argue for reduced sentences or alternative penalties like probation.
What Are the Long-Term Consequences of a DUI Conviction?
A DUI conviction can have lasting impacts, including a permanent criminal record, increased insurance premiums, and potential employment challenges. That is in addition to license suspension and an ignition interlock device interfering with your ability to drive. It may also affect your ability to secure certain professional licenses. These long-term consequences emphasize the importance of seeking a qualified DUI lawyer to possibly mitigate these effects. In some cases, DUI defense attorneys can also help in applying for record expungement, which can alleviate the stigma associated with a conviction. Understanding these consequences can aid in making informed decisions about your defense strategies with a DUI attorney in Walnut Creek.