San Luis Obispo DUI Attorney

Experienced DUI Defense for the Central Coast: (805) 288-7078

Whether you are facing your first ever drunk driving charge, or you have a prior record of driving under the influence (DUI) convictions, you can rely on The Law Office of Trace Milan to defend your legal rights, your liberty, and future. Our San Luis Obispo criminal defense attorney delivers personal attention on every single case, so you get the one-on-one counsel that you need and deserve.

What Else Sets Our DUI Lawyer Apart?

• Trial-tested experience and insights
• Flat fee rate with payment plans available
• Convenient office hours & flexible appointments
• Working relationship with local judges and prosecutors

Call (805) 288-7078 or email us today to schedule your initial case evaluation!

We have represented local residents and out of town visitors, including tourists, university students from Cal Poly, and people from all over California who are facing drunk driving charges as well as traffic violations. You can get the insightful, high-caliber defense you need from our local law firm. Have our team custom-tailor a personalized legal strategy for you that is effective and in your best interests.

Our criminal defense team can represent a wide range of DUI cases, including those involving:

• Misdemeanor DUI
• Multiple DUI
• 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

Here’s What You Can Do After a DUI Arrest

After a drunk driving arrest, you will have two different cases to handle. The first is the case with the DMV, the other is with the criminal justice system. You have 10 days to schedule your DMV hearing, a hearing to challenge your DUI arrest and the subsequent driver’s license suspension. If your drunk driving lawyer can successfully beat your license suspension, you will still need a trial-ready defense to beat your charge in criminal court. Our San Luis Obispo DUI & criminal defense firm has the resources and knowhow to skillfully handle every step of your drunk driving case.

Here are crucial steps you can take right now:

Within 10 days of the arrest, request a DMV hearing

Obtain a copy of the official police report

Talk to a DUI attorney about your case strategy

What Are the Consequences for DUI in California?

In addition to having your license suspended, a DUI charge can expose you to a wide range of criminal penalties – even for misdemeanor DUI offenses. These penalties will vary in severity depending on the number of prior convictions on your record, your level of intoxication, whether or not anyone was injured, whether or not you refused a chemical test, and whether or not a minor was present in the vehicle at the time of your arrest. Because multiple DUI offenses only lead to steeper consequences, it is in your best interest to take charges for even a first drunk driving charge seriously. Let our lawyer offer the defense you need.

If this is your first DUI, you can face the following 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

A second offense can bring more serious consequences:

• 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

Driver's License Suspension: Prepare for Your CA DMV Hearing

In addition to criminal proceedings for DUI, you must also undergo an administrative proceeding to determine whether you will be able to maintain your driving privileges. When you have been charged with driving under the influence, 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 given the opportunity to challenge the potential suspension. You can present evidence, witnesses, question the arresting officer, and be represented by a DUI attorney.

Some important issues that can be explored during the DMV hearing include:

• 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 protect your driving privileges.

Common DUI Defense Strategies

Upon a detailed examination of your case, our firm’s San Luis Obispo DUI lawyers 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 strategies we may be able to use in your defense 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 that you were intoxicated at the time of 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 in order 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.

Whether you need a skilled negotiator to get your charge or sentence reduced, or you need a trial-tested San Luis Obispo DUI attorney to get your case dismissed, you can rely on The Law Office of Trace Milan to find the legal strategy that is right for you. We treat clients with respect and care, making sure financial costs don’t get in the way of you receiving exceptional defense. Find out more about our reasonable, flat fees, and how we can help you today.

Schedule your initial consultation online or call (805) 288-7078 to discover your possible DUI defenses!