Salinas DUI Lawyer

Experienced Defense Against DUI Charges in Monterey & the Surrounding Counties

Have you or a loved one been arrested for driving under the influence of alcohol? If so, you need to take immediate action and seek highly skilled legal representation in order to protect yourself, your rights, and your driving privilege.

Our Monterey County DUI attorneys, Mr. Pernik, and Mr. Soltesz, have represented thousands of clients charged with Driving Under the Influence of alcohol or drugs. They have obtained many favorable outcomes through both negotiation and trial. If you or a loved one was recently charged with a DUI, don't wait.

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Remember, you only have 10 days from the day of your arrest to request a DMV hearing in order to challenge the suspension action against your driving privilege.

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What are the Penalties for a DUI in California?

If you are arrested for a DUI in California, you could face the following penalties:​​​​​

• License suspension
• Vehicle Confiscation
• Installation of an ignition interlock device
• Jail time
• Fines

Is DUI a Felony or Misdemeanor in California?

A DUI (Driving Under the Influence) offense can be either a felony or a misdemeanor in California, depending on the circumstances of the case. A first or second DUI offense without aggravating factors, such as causing injury to another person, will typically be charged as a misdemeanor. However, if the DUI offense involves aggravating circumstances, such as causing injury or death to another person, or if the driver has prior DUI convictions, it may be charged as a felony. Additionally, if the DUI involves driving under the influence of drugs rather than alcohol, it may also be charged as a felony. It is important to note that a felony DUI conviction carries more severe penalties than a misdemeanor, including potential imprisonment in state rather than county jail. If you are facing DUI charges in California, it is crucial to seek legal representation from an experienced DUI attorney in Salinas who can help you understand the charges and potential consequences you may be facing.

Field Sobriety Tests

If you are pulled over in Salinas for a DUI, the officer is likely going to perform one of the three Standardized Field Sobriety Tests (SFST):

• Horizontal Gaze Nystagmus (HGN) test - In this test, the officer will observe the eyes of the person in question as they slowly move a pen or small object back and forth to look for indicators in each eye that the person is impaired.
• Walk-and-turn test - In this test, the officer instructs the person to take nine steps, touching heel-to-toe in a straight line, and then return. The officer looks for signs that you are impaired, such as not being able to keep your balance, starting before the instructions are finished, or not following the instructions properly.
• One-leg stand test - In this test, the officer instructs the person to stand with one foot off the ground and hold it for about 30 seconds or until told to put it down. The officer looks for signs that you are impaired, such as swaying, hopping, or using their arms to balance.

Defenses Against DUI Charges

Facing DUI charges can be a very daunting experience, but at the Law Offices of William V. Pernik, we are committed to providing the strong defense you need. Some common defenses may include:

• Challenging the Stop: One of the first defenses we may explore is challenging the legality of the traffic stop. Law enforcement must have reasonable suspicion to pull you over. If we can demonstrate that the stop was unjustified or based on insufficient evidence, any evidence acquired after that, including field sobriety tests and breathalyzer results, could be deemed inadmissible in court.
• Questioning Field Sobriety Tests: Field sobriety tests are often subjective and error-prone. We can review the circumstances surrounding your administration of these tests to identify any factors that may have influenced the results. We may challenge the validity of the tests if they were conducted improperly or if there were external factors, such as poor weather conditions or medical issues, that could have affected your performance.
• Contesting Breathalyzer Results: Breathalyzer results are commonly used as evidence in DUI cases, but they are not infallible. Breathalyzer machines can produce inaccurate readings due to calibration errors, improper usage, or other technical issues. We will scrutinize the maintenance records and calibration logs of the breathalyzer device used in your case to determine if any irregularities could invalidate the results.
• Questioning Blood Alcohol Content (BAC): In cases where blood tests were conducted to determine your blood alcohol content (BAC), we will closely examine the procedures followed by law enforcement and the testing facility. Errors in blood sample collection, handling, or analysis can lead to unreliable BAC results.
• Asserting Constitutional Rights: Throughout the DUI investigation and arrest process, law enforcement officers need to adhere to strict protocols to protect their constitutional rights. If we find that your rights were violated at any point during the encounter, such as through unlawful search and seizure or failure to provide Miranda warnings, we will file appropriate motions to suppress evidence and pursue to have your charges dismissed.
• Negotiating Plea Bargains: In some instances, negotiating a plea bargain could be the most prudent course of action to minimize the potential consequences of a DUI conviction. As experienced negotiators, we will leverage our knowledge of local prosecutors and court procedures to secure the most favorable plea deal possible, such as reduced charges or sentencing alternatives that may include diversion programs or probation.
• Trial Representation: If your case proceeds to trial, you can trust us to vigorously advocate for your rights. We will prepare your case, challenge the prosecution's evidence, and present compelling arguments to the judge and jury on your behalf. Our goal is to achieve a not-guilty verdict or, if conviction is unavoidable, to mitigate the consequences to the greatest extent possible.

Why Hire a DUI Attorney In Salinas?

While some law firms only accept simple misdemeanor DUI cases, we possess the necessary skill and experience to defend you in some of the most serious situations, including those where someone has been seriously injured or killed. Having an experienced DUI attorney by your side is critical for making sure that you are well aware of your rights and how to successfully protect them. DUI cases may be especially tricky, and your lawyer will have the skills and experience necessary to ensure that you are on the right path for a favorable outcome.

A DUI attorney will help you by:

• Legal Information: Make sure that you are well aware of your case and the legal implications regarding it and that you have the legal information necessary to protect your rights and your future.
• Examination: Is the evidence being used against you legitimate? It's important that you have a qualified attorney by your side who will thoroughly examine your case and the evidence being used for and against you.
• Support: Being there for you emotionally and offering you the reassurance you need can help alleviate any stress.
• Representation: Your attorney will fight for you and represent you on your behalf in the courtroom. Without a legal expert to represent you, you may be risking your future.

Our DUI defense lawyers regularly work with forensic toxicologists, accident reconstructionists, and other experts in order to bring you the most qualified defense possible in your DUI case. Contact our law firm today to learn more about what we can do to help you and to schedule a free initial consultation with our DUI lawyers in Salinas, CA.

We Will Fight for Your Rights & Driving Privileges

When you choose to work with the Law Offices of William V. Pernik, we will take immediate action to:

• Begin investigating all areas of your case and send out preservation letters to necessary third parties
• Challenge any activity that may have violated your rights, including unlawful police actions
• Determine if your traffic stop was legal, and if not, immediately move to suppress it
• Investigate the methods used to determine your breath or blood alcohol levels and challenges
• Discuss your rights and options so you can make informed decisions moving forward

Many people do not know that they can challenge a DUI case and that there are many defenses available to help protect you against serious legal action. With the guidance of our Salinas DUI defense lawyers, you could potentially avoid a jail or prison sentence, mandatory license revocations, and additional penalties under California DUI laws.

Let the Law Offices of William V. Pernik Work with You

Our office is always committed to working with clients and understanding their side of the story. Our criminal defense lawyers know that you may have many questions and concerns regarding your future, and we stand ready to help. Our staff is easily accessible by email, phone, or in-office appointment, and you will always be advised of the status of your DUI case and the progress we have made.