DUI Defense in Riverside County: What You Need to Know After an Arrest

What to Do After a DUI Arrest in Riverside County

Being arrested for driving under the influence (DUI) in Riverside County can be a frightening and confusing experience. Whether you were stopped in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Perris, Hemet, San Jacinto, Corona, Riverside, or anywhere else in Riverside County, you are likely facing serious consequences, including license suspension, fines, jail time, and a permanent criminal record.

However, a DUI arrest does not automatically mean a DUI conviction. With the right legal representation, you may be able to challenge the charges, reduce the penalties, or even have the case dismissed. At the Law Office of Nic Cocis, we have over 25 years of experience defending clients against DUI charges throughout Riverside County.

Understanding DUI Laws in California

In California, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher (Vehicle Code § 23152(b)). It is also illegal to drive while under the influence of alcohol, drugs, or a combination of both, even if your BAC is below 0.08% (Vehicle Code § 23152(a)).

For commercial drivers, the legal BAC limit is 0.04%. For drivers under 21, California has a "zero tolerance" policy, making it illegal to drive with a BAC of 0.01% or higher.

DUI charges can also be filed for driving under the influence of prescription medications, over-the-counter drugs, or illegal drugs such as marijuana, cocaine, or methamphetamine.

Riverside County DUI Court Locations

DUI cases in Riverside County are heard at multiple courthouse locations depending on where you were arrested:

Southwest Justice Center (Murrieta) - Handles DUI cases from Murrieta, Temecula, Menifee, Wildomar, Lake Elsinore, Winchester, and surrounding Southwest County areas
Historic Courthouse (Riverside) - Handles DUI cases from the city of Riverside and central county
Banning Justice Center - Handles DUI cases from Banning, Beaumont, and eastern Riverside County
Indio Larson Justice Center - Handles DUI cases from Indio, Coachella Valley, and desert communities
Corona Court - Handles DUI cases from Corona, Norco, and western Riverside County

Penalties for DUI Convictions in California

The penalties for a DUI conviction in California depend on whether it is your first, second, third, or subsequent offense, as well as aggravating factors such as high BAC, accidents, injuries, or refusal to take a chemical test.

First-Time DUI (Misdemeanor):

Up to 6 months in county jail
Fines and fees totaling $1,800 to $3,000
3 to 9 month DUI education program
6-month driver's license suspension (with possible restricted license for work/school)
3 to 5 years of informal probation
Installation of an ignition interlock device (IID) for up to 6 months

Second DUI (Misdemeanor):

96 hours to 1 year in county jail
Fines and fees totaling $1,800 to $3,000
18 to 30 month DUI education program
2-year driver's license suspension (with possible restricted license after 1 year)
3 to 5 years of informal probation
Installation of an ignition interlock device (IID) for 1 year

Third DUI (Misdemeanor):

120 days to 1 year in county jail
Fines and fees totaling $1,800 to $3,000
30-month DUI education program
3-year driver's license suspension (with possible restricted license after 18 months)
3 to 5 years of informal probation
Installation of an ignition interlock device (IID) for 2 years

Fourth DUI or DUI with Injury (Felony):

16 months to 4 years in state prison
Fines up to $5,000
30-month DUI education program
4-year driver's license suspension or permanent revocation
Designation as a "habitual traffic offender"
Installation of an ignition interlock device (IID) for up to 3 years

The DMV Administrative Hearing

In addition to the criminal case, a DUI arrest triggers an automatic driver's license suspension by the California Department of Motor Vehicles (DMV). You have only 10 days from the date of your arrest to request a DMV administrative hearing to challenge the suspension.

If you do not request a hearing within 10 days, your license will be automatically suspended 30 days after your arrest. The DMV hearing is separate from the criminal case and focuses solely on whether your license should be suspended.

At the DMV hearing, the DMV will consider:

Whether the officer had reasonable cause to stop you
Whether the officer had probable cause to arrest you
Whether your BAC was 0.08% or higher (or 0.01% for drivers under 21)
Whether you refused to take a chemical test

An experienced DUI defense attorney can represent you at the DMV hearing, cross-examine the arresting officer, challenge the evidence, and argue for the reinstatement of your driving privileges.

Common DUI Defenses

If you have been charged with DUI in Riverside County, there are several defenses that may apply to your case:

Illegal Traffic Stop - The officer must have reasonable suspicion to pull you over. If the stop was not justified, any evidence obtained afterward may be suppressed, leading to dismissal of charges.

Inaccurate Field Sobriety Tests - Field sobriety tests (such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests) are subjective and can be affected by factors such as nervousness, medical conditions, uneven surfaces, or poor weather conditions.

Faulty Breathalyzer Results - Breathalyzer machines must be properly calibrated and maintained. Errors in calibration, improper administration, or medical conditions (such as acid reflux or diabetes) can lead to false high BAC readings.

Improper Blood Test Procedures - Blood tests must follow strict protocols for collection, storage, and analysis. Errors in the chain of custody, contamination, or fermentation can lead to inaccurate results.

Rising Blood Alcohol Defense - Your BAC may have been below the legal limit while you were driving, but rose above the limit by the time you were tested (due to the time it takes for alcohol to be absorbed into the bloodstream).

No Actual Driving - The prosecution must prove that you were actually driving the vehicle. If you were found sitting in a parked car with the keys in the ignition, we can argue that you were not "driving" under the law.

Medical Conditions - Certain medical conditions (such as diabetes, hypoglycemia, or acid reflux) can mimic the signs of intoxication or cause false positive BAC readings.

Why You Need an Experienced DUI Defense Attorney

DUI cases are highly technical and require a thorough understanding of California DUI laws, chemical testing procedures, and courtroom strategies. Here's why you need an experienced DUI defense attorney on your side:

Protect Your Driving Privileges - We can represent you at the DMV administrative hearing and fight to prevent or minimize your license suspension.

Challenge the Evidence - We scrutinize every aspect of the prosecution's case, including the legality of the traffic stop, the accuracy of field sobriety tests, and the reliability of chemical test results.

Negotiate for Reduced Charges - In some cases, we can negotiate with prosecutors to reduce a DUI charge to a lesser offense, such as "wet reckless" (reckless driving involving alcohol), which carries lighter penalties and does not count as a DUI for purposes of future offenses.

Trial Representation - If your case goes to trial, you need a skilled trial attorney who knows how to challenge the prosecution's evidence, cross-examine witnesses, and present a compelling defense to the jury.

How the Law Office of Nic Cocis Can Help

At the Law Office of Nic Cocis, we understand that good people make mistakes, and a DUI arrest does not define who you are. We take the time to listen to your side of the story, investigate the facts, and develop a defense strategy tailored to your unique circumstances.

With over 25 years of experience defending clients in Riverside County courts, attorney Nic Cocis has the local knowledge and courtroom skills to effectively challenge DUI charges. We know the judges, prosecutors, and procedures throughout Riverside County, and we use this knowledge to your advantage.

Contact Us for a Free Consultation

If you or a loved one has been arrested for DUI anywhere in Riverside County, contact the Law Office of Nic Cocis today for a free consultation. Time is critical—you have only 10 days to request a DMV hearing to protect your license.

Call (951) 400-4357 now to protect your rights and your future.