San Bernardino DUI Alcohol/Marijuana/Drugs Attorney

Defending Californians who have been charged with a DUI in San Bernardino.

If you are charged with a DUI in San Bernardino, your case may appear hopeless. However, this is rarely the case. It all comes down to a myriad of factors, such as who administered the breathalyzer and blood test, how the roadside investigation was conducted and if you have any underlying medical conditions that interfered with the tests.

The Law Offices of David S. Chesley have a team of experienced DUI attorneys in San Bernardino who can help you win your case. Don’t let one simple mistake destroy the rest of your life. With proper legal representation, you can put this case to rest and move forward in your life.

San Bernardino DUI Law Basics

Driving under the influence of alcohol, marijuana or drugs is illegal in the state of California. The law is quite complicated, so let’s go over the basics.

DUI Alcohol

California Vehicle Code Section 23152(a) prohibits people from driving a vehicle while under the influence of alcohol. Section 23152(b) and (e) prohibit driving a vehicle with a blood content of 0.08 or greater. Those driving commercial vehicles or private vehicles with a paying passenger (e.g., Uber, Lyft) can only have a BAC of less than 0.04.

DUI Marijuana

Since January 1, 2018, the recreational use of marijuana has been legal. However, it is still a crime to drive under the influence of marijuana under California Vehicle Code 23152(f). Unlike alcohol that can be tested for, marijuana is more complicated. Additionally, there is no “legal limit” for marijuana in the state of California.

A person is said to be under the influence of marijuana when they are:

• Consuming cannabis
• Showing signs of mental impairment
• Showing signs of physical impairment
• Unable to operate a vehicle with the caution of a sober person

DUI Drugs

Vehicle Code 23152(f) makes it a crime to drive under the influence of drugs. This can be any type of drug, including illegal drugs, over-the-counter drugs and prescription drugs. If you are caught driving under the influence of both drugs and alcohol, you can be charged under Vehicle Code 23152(g).

As with a DUI marijuana, there is no “legal limit” for what concentration of drugs can be in a person’s system. To be charged with a DUI drugs, San Bernardino law states that a person must be driving while under the influence of a drug.

So, if you are pulled over and the police officer believes you to be under the influence, you may be asked to take a breathalyzer and a field sobriety test. The officer may also ask questions about your drug and alcohol use, search your vehicle for paraphernalia and look for physical symptoms of drug abuse, such as dilated pupils.

What are the Penalties for DUIs in San Bernardino?

First-time DUIs are typically charged as misdemeanors in San Bernardino, but these charges are still serious. Aside from possible jail time and steep fines, you could also face a disrupted reputation that makes it hard to find a job. If you have more than one DUI on your record, or someone was injured because you were driving under the influence, you can face additional charges and consequences.

Here is a breakdown of what you can expect if convicted of a DUI alcohol/marijuana/drugs in San Bernardino.

Aggravating Factors to DUI Cases

The penalties listed above apply only when you are charged with a misdemeanor or felony for a DUI in San Bernardino. If there are aggravating factors, you can be charged with additional crimes and have to serve greater penalties if convicted. The most common aggravating factors that our criminal defense attorneys in San Bernardino see are:

• Driving at an excessive speed
• Driving under the age of 21
• Driving with a child in your vehicle
• Causing an accident
• Refusing a breathalyzer test
• Having a BAC of .15% or higher

Legal Defenses for DUIs in San Bernardino

When you choose the right team of San Bernardino DUI defense attorneys, you can have your case properly evaluated. Sometimes, people feel pressured to plead guilty and beg for forgiveness, but this can actually hurt your case. Many DUI cases have weaknesses, such as faulty testing equipment or an improper investigation.

The Law Offices of David S. Chesley will make sure that your case is properly evaluated and that any holes in the prosecutor’s statement are brought to light. Some legal defenses we may be able to raise include:

• The breathalyzer or other testing equipment was not properly calibrated
• Other factors caused you to appear under the influence, such as being fatigued or having a physical illness
• The police officer did not administer the test properly, causing you to fail
• The police violate your constitutional rights by failing to follow proper procedures

Schedule Your Free Consultation for DUI Alcohol/Marijuana/Drugs

A DUI in San Bernardino does not have to be an end-all-be-all situation. Our San Bernardino DUI attorneys have decades of experience fighting these types of cases and getting the charges reduced or dropped for our clients. Our goal is to point out the weaknesses in the prosecutor’s case and use the best legal defense for your circumstances. With this aggressive approach, we can reduce your penalties and avoid jail time, license suspension and significant fines.

Do not let one decision impact the rest of your future. Both misdemeanor and felony DUIs are serious crimes that go on your criminal record. To schedule a free consultation with our affordable DUI attorneys in San Bernardino, contact The Law Offices of David S. Chesley today.