Experienced DUI Defense Attorney in San Luis Obispo County, CA

Whether you are dealing with your first DUI offense or have previous DUI convictions, The Law Office of Trace Milan is here to protect your rights, freedom, and future. Our DUI defense attorney in San Luis Obispo County, CA, provides individualized attention to every case, ensuring you receive the personalized counsel you need and deserve.

A Building With a Green Bench in Front of a Large Building

What Sets Our DUI Lawyer Apart

Our law firm represents residents, tourists, Cal Poly students, and individuals throughout California facing DUI charges and traffic violations. We also take pride in providing the following:

  • Trial-Tested Experience and Insights
  • Flat Fee Rate with Payment Plans Available
  • Convenient Office Hours and Flexible Appointments
  • Working Relationship with Local Judges and Prosecutors

Moreover, our criminal defense team can represent a wide range of DUI cases, including:

  • Misdemeanor DUI
  • Multiple DUIs
  • Felony DUI
  • Underage DUI
  • College Student DUI
  • Felony DUI
  • Blood/Breath Test Refusal
  • DUI While Speeding
  • DUI with Child Passengers
  • DUI with High BAC
  • Driver’s License Suspension
  • Commercial License DUI

What You Can Do After a DUI Arrest

Following a drunk driving arrest, there are two separate cases to address: one with the DMV and another with the criminal justice system. It is crucial to schedule a DMV hearing within 10 days to challenge the DUI arrest and subsequent driver’s license suspension.

Even if your license suspension is successfully contested, a strong defense is still necessary for the criminal court charge. Our criminal defense firm has the experience and resources to handle every aspect of your drunk driving case effectively.

Crucial Steps You Can Take Immediately:

  • Request a DMV Hearing within 10 Days of the Arrest
  • Obtain a Copy of the Official Police Report
  • Talk to a DUI Attorney about Your Case Strategy

Consequences for a DUI in California

A DUI charge risks various criminal penalties, including license suspension. The severity of these penalties depends on factors such as prior convictions, level of intoxication, presence of a minor in the vehicle, refusal of a chemical test, and any injuries caused.

It is important to treat even a first drunk driving charge seriously, as multiple offenses can result in harsher consequences. Our lawyer can provide the defense you require to address these charges effectively.

DUI First Offense Penalties:

  • Up to 6 Months in Jail
  • Fines and Fees Up to $3,600
  • Installation of an Ignition Interlock Device
  • Dramatically Increased Car Insurance Rates

DUI Second Offense Penalties:

  • Up to 1 Year in Jail
  • Fines and Fees Up to $4,000
  • Installation of an Ignition Interlock Device
  • Participation in a 30-Month DUI School Program

Preparation for a California DMV Hearing

In addition to criminal proceedings for a DUI, you must undergo an administrative proceeding to determine whether you can maintain your driving privileges. When you have been charged with a DUI, you must request a hearing within 10 days of your arrest—otherwise, your driver’s license will be automatically suspended.

What Happens in a DMV Hearing

During the hearing, the evidence relating to your arrest will be reviewed by the DMV hearing officer, and you will be allowed to challenge the potential suspension. You can present evidence and witnesses, question the arresting officer, and be represented by a DUI attorney.

Some important issues can be explored during the DMV hearing, such as:

  • Was there probable cause to believe you were driving under the influence?
  • Were you lawfully arrested?
  • Were you driving with a BAC of .08% or higher?
  • If you refused chemical testing, were you informed of the consequences?

With the help of a skilled DUI lawyer, you can present a strong case that weakens the evidence against you and protects your driving privileges.

Common DUI Defense Strategies

Upon a detailed examination of your case, our lawyer can craft a strategy that challenges the arresting officer’s account of the incident and disputes the validity of the evidence against you. No matter how serious your situation may be, we are committed to exploring every possible opportunity to secure a reduction or dismissal of your charges on your behalf.

Some of the DUI defense strategies that can be used include:

  • Entrapment: The police may not coax you into committing a crime. If your arrest was part of a sting operation engineered by law enforcement, you may have been a victim of entrapment.
  • Mistake of Fact: You may have been unaware you were intoxicated during your arrest. If we can prove that you had a valid reason to believe you were not under the influence of drugs or alcohol at the time of your arrest, you may be able to avoid conviction.
  • Improper Police Actions: Were your rights violated in any way at the time of your arrest? Did the arresting officer fake any evidence?
  • Inaccuracy of Chemical Tests: The accuracy and validity of chemical tests can be disputed. Did the officer who conducted your breath test have proper training? Was your blood test mishandled or tampered with?
  • Improper Stop: A police officer must have probable cause to pull you over for a suspected DUI. You cannot be found guilty if you were pulled over under improper means.
  • Improper Administration of Sobriety Tests: Was your arrest based on an improperly administered preliminary alcohol screening (PAS) test? Field sobriety tests such as the horizontal gaze nystagmus (HGN) test are often disputed in court.

Choose The Law Office of Trace Milan for your DUI defense needs in San Luis Obispo County, CA. Whether you require a skilled negotiator to get your charge or sentence reduced or a trial-tested attorney to get your case dismissed, we can provide an exceptional defense. Contact us today to learn about our reasonable flat fees and how we can assist you.