DUI

Nevada County DUI Lawyer

Police in the Nevada County area take driving under the influence (DUI) charges, often referred to as driving under influence, very seriously. DUI lawyers understand that law enforcement officers and prosecutors will pursue various strategies after making an arrest for DUI. For example, they can attempt to prove that a person’s blood/alcohol content was above the legal limit, a crucial factor in Nevada County DUI first offense penalties. They may also try to show that, even without scientific evidence, there was enough evidence of impairment to justify a drunk driving or impaired driving conviction.

This might sound intimidating, but a Nevada County DUI lawyer could be a vital resource after an arrest for drunk or high driving. A dedicated criminal defense attorney, often searched for as ‘DUI lawyer near me’, could explain the state’s DUI laws, including queries like ‘will I go to jail for my first DUI in Nevada County.’ They can also develop a defense against a prosecutor’s allegations, or work with the court to determine eligibility for entry into a diversion program. Such guidance from an experienced Nevada County DUI lawyer is crucial in navigating these complex legal situations.

Fighting Back Against DUI Charges At Trial

Every person, including those facing charges for driving under the influence (DUI), is innocent until a prosecutor proves guilt beyond a reasonable doubt. DUI lawyer expertise is crucial here, as to convict for a DUI, prosecutors must prove that a person was ‘drunk under the meaning of the law’ and that they were operating a vehicle at the time of the incident.

More specifically, California Vehicle Code § 23152 outlines that it is illegal for any person to operate or attempt to drive a vehicle when under the influence of any substance that impairs their ability to drive. This forms the basis of many Nevada County DUI first offense penalties. Simultaneously, it is per se illegal for a person to drive with a blood/alcohol concentration (BAC) of 0.08 or more, meaning that the BAC alone is enough to establish guilt, a key concern for anyone wondering, ‘will I go to jail for my first DUI in Nevada County?’

A skilled ‘DUI lawyer near me’ in Nevada County could help develop defenses against these allegations. For instance, creating reasonable doubt is a common strategy of a Nevada County DUI lawyer when an arrest is based solely on a police officer’s observations. Contesting the results of a breath or blood test used to obtain a BAC measurement is also a viable defense strategy. There are many approaches that our legal team might implement, depending on the specifics of your case

Military Diversion and DUI Charges

The penalties for a DUI conviction can be harsh. Even a first offense, as any Nevada County DUI first offense penalties guide will tell you, can lead to a jail sentence of six months, a fine of at least $390, attendance in DUI school, and a loss of license for up to ten months. Obtaining a not-guilty verdict at trial, a goal for any DUI lawyer, especially those sought as ‘DUI lawyer near me’, will typically help someone avoid these penalties.

Military Diversion: Giving Military Service Members a Second Chance

Here at The WIN Law Firm, we have resources to connect you with health professionals who can help you in your diversion program. As experienced Nevada County DUI lawyers, we have successfully earned dismissals for our brave men and women who served in the United States Military, facing DUI or driving under influence charges.

If you are on active military duty or a Veteran, you may qualify to have your misdemeanor criminal charges ultimately dismissed after a period of diversion. During a period of diversion, the defendant with military experience will have to follow certain terms ordered by the court that promote the defendant’s rehabilitation rather than incarceration, such as enrollment in counseling through Veteran Affairs or an outpatient treatment program. If the defendant successfully completes this 12 to 24 month diversionary period, misdemeanor charges, including those for Driving Under the Influence (DUI), qualify for military diversion.

Military Diversion is authorized by Penal Code 1001.80.

  • This chapter shall apply to a case before a court on an accusatory pleading alleging the commission of a misdemeanor offense if both of the following apply to the defendant:
    1. The defendant was, or currently is, a member of the United States military.
    2. The defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. The court may request, using existing resources, an assessment to aid in the determination that this paragraph applies to a defendant.

If you at one point served in the military and need help with criminal charges, including a first DUI in Nevada County, give The WIN Law Firm a call.

Take Your Case To A Nevada County DUI Attorney Today

Arrests for allegations of DUI, or driving under influence, happen regularly in Nevada County, and these cases are always serious. Not only could a guilty verdict in a DUI case result in a mandatory loss of license, the payment of fines, and time spent in prison, but a mere arrest could see a person lose their license if they refuse to participate in a breath or blood test. The penalties, which can be as severe as the Nevada County DUI first offense penalties, can be daunting.

When you are accused of driving under the influence, it’s crucial to have a ‘DUI lawyer near me’, specifically a Nevada County DUI lawyer, to fight to protect your present and future. If you are looking to move past the case with as little stress as possible, it may be best to pursue a negotiated plea deal that could help you keep your license and limit the resulting fines. This approach is particularly relevant if you’re concerned about queries like ‘will I go to jail for my first DUI in Nevada County?’ In other cases, a skilled Nevada County DUI lawyer could help develop a defense that aims to create reasonable doubt that you operated under the influence of drugs, alcohol, or medications. Reach out today to learn more about your defense options.

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Kenny is an effective and experienced attorney in defense and personal injury cases. Please see the adjacent areas for specific representation.

WE FIGHT FOR YOU

The WIN Law Firm is led by Kenny Nguyen who fights intelligently to advocate for his clients. He understands that good people can sometimes find themselves in unfortunate situations, for which he is prepared to help them rise above.

If you want a tough, experienced and relentless advocate on your side, give us a call for a free consultation today.

Or call us at (530) 464-8288