Criminal Defense FAQ

Trusted Answers from a San Luis Obispo DUI Lawyer

If you or someone you know is facing the California criminal justice system, you need proven counsel in this uncertain time. You can find trusted advice and tireless advocacy at The Law Office of Trace Milan. And if you have any further questions, our trial-tested defense lawyer can provide in-depth answers in a consultation.

Call (805) 288-7078 or email us today to request your initial case review.

Keep Reading to Find Answers to the Following Questions

What rights do I have after an arrest?
If I’m innocent, do I still need a criminal defense lawyer?
What is the difference between a felony and misdemeanor?
What is the alcohol limit for getting a DUI?
Can I refuse a DUI test?
What are the penalties for a domestic violence conviction?
What criminal charges do you defend against?
How much do you charge for your defense services?

1. What rights do I have after an arrest?

A few of the primary legal rights you have include:

The right to remain silent
The right to an attorney
The right to a trial by jury

While you may have the urge to tell law enforcement your side of the story to clear things up, unfortunately your words could end up being misunderstood and used against you. Instead, use your right to an attorney to help you tell your story to the court. A skilled San Luis Obispo criminal defense lawyer at our firm knows how to navigate the legal system and how to protect your rights after an arrest.

In most serious cases, you can assert your right to a jury trial if you believe this to be in your best interests (juveniles do not have this right to a jury trial). Talk to your criminal defense attorney to determine whether or not going to trial should be part of your defense strategy.

2. If I’m innocent, do I still need a criminal defense lawyer?

While you are innocent until proven guilty, the reality is that this is only true if a judge or jury is convinced that you are not guilty. To prove your innocence you will have to go through the criminal courts, where your reputation, rights, and freedom are all at risk. It could take a knowledgeable, skilled legal advocate to ensure that your future is protected.

3. What is the difference between a felony and misdemeanor in California?

The maximum penalty for a misdemeanor crime is one year in jail. Felony convictions can lead to a year in county jail or even longer sentences in state prison. Fines can vary, but whether you face a misdemeanor or felony, your liberty, permanent record, and future are on the line. You need a high-caliber criminal defense attorney on your side.

4. What is the alcohol limit for getting a DUI?

For adults 21 years of age or older, the BAC (blood alcohol content) limit to get a drunk driving charge is .08%. For minors under the age of 21, the limit is .01%.

5. Can I refuse a DUI test?

You can refuse field sobriety tests, such as the highly erroneous walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests. However, California’s implied consent law means that if you refuse a breath, blood, or urine test, you will be subject to automatic legal penalties.

If you refuse to take a chemical DUI test, your license can be automatically suspended for one year—even if you are eventually found not guilty of drunk driving. If you later refuse a breath or blood test a second or third time, your license could be suspended for two or three years, respectively.

6. What are the penalties for a domestic violence conviction?

If a defendant is convicted of committing battery against a victim in a domestic relationship with them, then that defendant could be fined and face one year in jail.

If a defendant is convicted of inflicting willful bodily injury and a “traumatic condition”, then that person could face four years’ prison and a large fine. Aggravating factors could lead to a longer prison sentence and a higher fine.

7. What are your areas of criminal defense in San Luis Obispo?

We can defend a wide variety of misdemeanors and felonies ranging from DUI and domestic violence to white collar crimes and sex crimes. Our criminal defense services are listed out on our criminal defense practice areas page.

8. How much do you charge for your defense services?

Our criminal defense attorney charges a flat rate fee, so you will know upfront what your legal costs will be. We also offer payment plans to ensure that paying for the defense you deserve is affordable and manageable. You can learn more in a consultation.

Request your case analysis when you contact us online or call (805) 288-7078 today!