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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:
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OFFENSE |
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED |
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION |
WITH OR WITHOUT PROBATION |
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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. |
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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. |
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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. |
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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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People v. Nicole M.
A client with a proported .28 breath alcohol level received the return of her license based on the officer's failure to have probable cause to stop the vehicle People v. Robert M.
Roll-over vehicle accident with injuries to other vehicle. Over the limit DUI Dismissed. License Reinstated. People v. Joe H.
.25 BAC. Charge is reduced to Wet Reckless. Standard probation only. People v. Jerry R.
.27 Second DUI. License reinstated without suspension. Pending Criminal Case. People v. Sylvia M.
Won DMV Writ to the Kern County Superior Court based on issues of Evid. Code Section 1280, Molenda, Miyamoto and Lee. Attorney's fees awarded on motion. People v. Ken T.
.17/.18 Breath. Directed Verdict of Not Guilty by the court after the presentation of the prosecution's case and 4 days of trial. Defense didn't have to call one witness.
People v. Jerry R.
.24 DUI Dismissed and license reinstated. People v. Martin C.
Charged with 23152(a) and (b). Won DMV hearing and license returned. At trial, DA drops all charges in exchange for infraction for not maintaining a lane and $100.00 fine. People v. Robert P.
.12//11 PAS. .10/.11 Breath. Hung Jury 7-5 for Not Guilty. Pled to drunk in public. Client couldn't proceed to retrial.
People v. Shannon F.
Midtrial on a .10 PAS to .13 Blood, the prosecution offered a dry reckless with a dismissal after two years of all charges. JB was the trial attorney.
People v. Brian D.
Commercial Driver's license kept and District Attorney refused to file charges after DUI arrest. People v. Robert A.
Driving in excess of 100 MPH on a motorcycle weaving in and out of traffic. Exhibited all the signs of intoxication. Tested above the legal limit. DUI charges were dismissed at trial.
People v. S.K.
DUI/Drug refusal. DMV set-aside. Charges reduced to infraction and small fine at trial.
People v. Nicole M.
Driver driving with a .28 Blood Alcohol Level had her license returned after hearing and without any suspension. People v. Brian T
.128/.119 PAS. .10/.10 Breath. Not Guilty of all counts. 9 day jury trial.
People v. Bradley T.
Client was stopped by California Highway Patrol Officers and blew point .084 and .089 via Preliminary Alcohol Screening Test and .091 and .094 at the station via an evidentiary machine. Case dismissed. People v. Nick B.
Pilot. DMV hearing lost. On appeal, Attorney General refuses to defend case and pays partial attorney's fees. Case is .31 BAC. Criminal case pled to Reckless Driving with Not Guilty on 23152(B) Charge. People v. Emilio H.
.24 blood. All charges dismissed during trial. License suspension reinstated.
People v. Isiah S.
DMV Set-aside. Kern County Crime Lab inadequacies. Again.
People v. Janice J.H.
Another set-aside at DMV based on Kern County Crime Lab inadequacies. 9 more like it.
People v. Daniel E.
.18 Second-Time DUI. Dismissed. License reinstated. People v. Ian S.
.15/.15 DUI with rollover accident. Dismissed DUI charges and pled to reckless driving not involving alcohol with a 1 year dismissal of charges. People v. Kevin M.
.165/.180 on PAS. .186/.177 on Breath. All charges dismissed at trial. DMV reinstated license.
People v. R.M.
Arrest completely dismissed. All charges dropped. People v. Murray S.
.25 Blood Alcohol. Uncovered irregularities in Blood Handling. Received wet-reckless and Hellmandollar Plea to permit retention of his driving privilege. People v. Ian B.
.09 under 21. DUI Dismissed.
People v. Susan V.
Refusal. Very poor FST. License suspension set-aside with finding Officer perjured herself. Criminal case reduced to infraction with traffic school.
People v. Carlie A.
Not Guilty of 23152(a) and 23152(b). Had a .15/.15 blood test with later retesting at .13/.13. Confrontation clause issue win with jury verdict of not guilty on all counts.
People v. Robert I.
Arrest for drunk in public by Ranger at lake. All charges dismissed. Record sealed. People v. Garrett A.
.10 DUI. Poor driving pattern and FST's. Admitted drinking. Received Dry Reckless and Acquittal on B count. A Count was dismissed. Retained license. People v. Jennifer M.
Client at trial. HGN excluded. PAS exclusion pending. Reduced to Reckless driving with reinstatement of her driver's license. DUI Charges dismissed. People v. D.K.
Client was driving lifted pick up truck with allegedly tinted windows. .12 forced blood. Case dismissed and license reinstated.
People v. Amy W.
.23 case on second DUI. License was kept with no penalty and case was dismissed in it's entirety.
People v. Eric J.
Refusal of all tests and FST's. DUI matter dismissed by the Kern County District Attorney's Office. DMV Appeal via Writ resulted in voluntary reversal of DMV ruling by Attorney General of the State of California. People v. Randy J.
.15 breath case. 8 day jury trial. Acquitted of DUI. License reinstated.
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