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DUI Defense

DUI Lawyer San Bernardino - Evan C. Vargas

Table of Contents

Table of Contents

A DUI arrest in the city of San Bernardino, whether near California State University, San Bernardino (CSUSB), downtown, or the busy 215/10 interchange, can impact your education, job, and military status. 

As the county seat, San Bernardino handles a complex docket with experienced (and tough) prosecutors. The San Bernardino Police Department is aggressive, and the consequences of a conviction here are life-changing.

With over 20 years of experience, Evan Vargas and Liberty protect students, professionals, and residents from the harsh penalties of the San Bernardino justice system. We understand the high stakes of a conviction in the county’s central hub and fight tirelessly to secure a dismissal or reduction of your DUI charges.

Why Choose Liberty and DUI Lawyer Evan Vargas?

20+ Years of Legal Experience

Evan Vargas has successfully handled thousands of cases over 20 years serving San Bernardino drivers. His broad background enables him to predict prosecutor moves and judge rulings. You’ll benefit from this foresight when Evan Vargas keeps you one step ahead of prosecutors and frees you from your charges. 

University & Student Defense 

For students at CSUSB, a DUI is more than a legal issue; it’s an academic one. A conviction can lead to suspension, expulsion, or loss of financial aid. We handle the criminal case and can advise on university administrative hearings, working to protect your education and future career.

Complex Case Handling 

We are equipped to handle the most difficult cases, including drug-impaired driving (prescription meds or marijuana) and Felony DUIs with injury. We utilize private investigators and forensic experts to challenge the prosecution’s narrative and uncover the truth.

Understanding Your San Bernardino DUI Charges

The “Impaired” Standard

In San Bernardino, you can be charged with DUI even if your BAC was below 0.08% if the officer believes you were “impaired.” This is common in cases involving marijuana or prescription drugs. We fight these subjective charges by showing that your driving was within normal patterns and that physical signs of “impairment” were caused by nervousness or other non-drug factors.

Diversion Programs 

San Bernardino courts sometimes offer diversion for eligible first-time offenders. If completed, diversion can result in a dismissal of the charges, keeping your record clean. We work to secure our clients’ entry into these programs when they are available. 

Sentencing Trends 

Judges in the Central District often utilize technology in sentencing, such as SCRAM bracelets (alcohol monitors) and GPS monitoring. We advocate for the least restrictive sentencing possible, fighting to keep you out of jail and free from invasive monitoring.

Local Court Information 

The San Bernardino Justice Center (SBJC) is the location for most DUI case hearings for San Bernardino.

Below is an overview of the SBJC:

Jurisdiction: SBJC serves as the central courthouse for criminal cases originating in San Bernardino city and surrounding eastern San Bernardino County areas, including Highland, Colton, Loma Linda, and Rialto.

Arraignment Proceedings: Initial court appearances for DUI arrests occur here. Defendants are formally charged, bail is set or reviewed, and public defenders are appointed if needed.

Felony DUI Processing: All felony DUI cases involving serious injury, death, or fourth offenses are handled at this location due to its capacity for complex criminal proceedings.

Pretrial Motion Hearings: Defense attorneys file and argue suppression motions to exclude illegally obtained evidence, challenge probable cause for traffic stops, and contest field sobriety test administration.

Jury Trial Venue: Both misdemeanor and felony DUI trials are conducted here with 12-person juries, often involving expert witness testimony on blood alcohol testing and accident reconstruction.

Sentencing Court: Judges impose penalties including state prison terms for felony DUI convictions, county jail sentences, mandatory DUI programs, victim restitution, and long-term license suspensions.

Multiple Courtroom Departments: The facility houses numerous criminal departments, each with assigned judges who maintain different calendars for arraignments, trials, and sentencing hearings.

High-Volume Docket: As the county’s primary criminal courthouse, SBJC processes hundreds of DUI cases monthly, requiring experienced attorneys familiar with local court procedures and prosecutor tendencies.

Frequently Asked Questions About San Bernardino DUI Cases

I am a student at CSUSB. Will I lose my financial aid? 

A drug conviction can affect eligibility for federal financial aid. A standard alcohol DUI usually does not, but it depends on the specific circumstances. We advise you on these collateral consequences to protect your funding.

Is there a DUI school nearby? 

Yes, the “San Bernardino Alcohol and Drug Abuse Council” and other providers are located downtown. We can help you enroll in a program near your campus or work.

What if I were sleeping in my car at the time of my DUI arrest? 

This is a “Volitional Movement” issue. If the engine was off and you were not driving, we can argue you were not operating the vehicle. We’ve successfully utilized this defense in the San Bernardino courts. 

How much is bail for a DUI? 

For a standard first offense, you are often released on your own recognizance (OR) without bail. If there are priors or an injury, bail can be set at $50,000 or more. We can argue for a bail reduction or OR release at arraignment.

Can I get a public defender? 

You have the right to one if you are indigent. However, public defenders have huge caseloads. A private attorney like Evan Vargas can dedicate the time and resources your case deserves.

What is a “DMV Set Aside”? 

This means you won your DMV hearing, and the suspension is cancelled. It is our goal in every case.

Do I have to appear for arraignment?

If you hire us, we can usually appear for you. This saves you from missing work or school and facing the stress of the courtroom.

Can I travel out of state while on bond? 

Usually, yes, for misdemeanor cases, as long as you make your court dates (which we handle). For felony cases, you may need court permission.

What happens if I get another DUI while this one is pending? 

This is serious. The court may revoke your release and put you in custody. You need immediate legal representation to handle both cases.

How long do I have to complete DUI school? 

The court will give you a deadline, usually several months to a year. You must enroll within 21 days of sentencing. We help ensure you meet all compliance dates.