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DUI Defense Blog

Bakersfield DUI Defense Attorney

DUI penalties in California are set up to deter anyone from considering driving under the influence and are extremely harsh.  They vary, depending on the type of DUI offense you are charged with, and your penalty is also often dependent upon who you choose as your Kern County DUI defense attorney.  If convicted, the first DUI offense is a misdemeanor offense.  Even a conviction on a first offense has harsh penalties, including jail time and expensive fines.  When you are facing any kind of DUI charge, it is crucial that you contact a Bakersfield DUI defense attorney as soon after the arrest as possible.  If convicted, you face the following penalties:

OFFENSE

MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED

MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION

WITH OR WITHOUT PROBATION

FIRST OFFENSE

within 10 years

Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 280% apx.), plus either (A) 48 hours to 6 months jail and 10 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal).

96 hours to 6 months in jail, $390 to $1,000 fine, and a 10-month license suspension.

May impound vehicle for 6 months.

Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more.

SECOND OFFENSE

within 10 years

Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program.  However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license.

90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension.

THIRD OFFENSE

within 10 years

120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before.

120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation.

FOURTH OR SUBSEQUENT OFFENSE

within 10 years

120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before.

16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation.

DUI with injury:

  • 3 years in a state prison
  • An additional 1 year in prison for each additional person injured
  • 3 additional years if anyone is severely injured

Vehicular Manslaughter:

  • 4 years in a state prison
  • If a multiple DUI offender, up to 10 years in a state prison

There are further "enhanced" penalties for extremely high blood alcohol concentration levels of .15% or above, for having a child under 14 years of age in the car, for refusing the breathalyzer test, or if you are on probation for an earlier DUI conviction.

The Law Offices of Middlebrook & Brehmer and DUI Defense

Many attorneys will defend you in a DUI charge.  The question must be:  what are the qualifications and experience that the attorney is providing to me?  At The Law Offices of Middlebrook & Brehmer, the attorneys have all trained extensively in DUI defense.  Over the years, the firm has developed powerful resources for DUI defense, and approaches each case with the determination to fight for the client aggressively and thoroughly.  This means that each case is reviewed and analyzed to the smallest detail.  Police procedure is checked out, as the law is strict on how an arrest is made.  If an error is found in the police procedure, a court challenge can be made to suppress evidence.  In many cases, the charges are dismissed or reduced. 

The testing equipment may need to be investigated as to its history, its maintenance and its accuracy.  All aspects of the case are completely reviewed, and if further investigation is necessary, an independent toxicologist or other investigator may be consulted and used in the defense. 

We maintain logs of all DUI arrests and copies of each police report that comes through our office and we know the habits and customs of most law enforcement personnel who arrest DUI drivers in California.  Mr. Middlebrook has tried over 150 DUI trials.  We are members of the National College of DUI Defense and the California DUI Lawyers Association.  We attend virtually every educational opportunity in California and around the country on DUI Defense.  We instruct and teach other lawyers.  We assist our colleagues in obtaining better results and knowing the law to help their clients as well. 

When fighting to protect yourself from DUI charges in Bakersfield, contact Kern County's preeminent DUI defense team, The Law Offices of Middlebrook & Brehmer.  The legal team will aggressively seek out defense strategies and will relentlessly fight for your defense.

Contact a Bakersfield DUI Defense Attorney from The Law Offices of Middlebrook & Brehmer when seeking exceptional legal counsel to defend you on any DUI charge.

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