Driving under the influence of drugs or alcohol is one of the leading causes of fatal and devastating vehicle accidents in San Diego. Even with stringent laws in place, so many cases of drunk or drugged driving are reported every year. The police are always vigilant, conducting DUI investigations when they suspect a motorist of DUI. Penalties for DUI are severe and could include a lengthy jail sentence, a hefty court fine, mandatory DUI programs, and suspension or revocation of your driver’s license.
If you face DUI charges in Bostonia, you could benefit a lot from the support of a skilled DUI attorney. Attorneys at San Diego DUI Attorney can help you with the DUI process, defend your rights, and help you develop a solid defense against your charges. Your chances of obtaining a favorable outcome in your case increase when a competent attorney is involved.
The Legal Definition of DUI in California
Driving under the influence, or DUI, is a law that prohibits motorists from driving a vehicle while impaired by drugs, alcohol, or a combination of drugs and alcohol. It also prohibits motorists from driving with a blood-alcohol concentration level of 0.08% or higher (for ordinary drivers) and 0.04% or higher for commercial drivers. ‘Under the influence’ is a general term, meaning being impaired by alcohol or any drug, including illegal substances, over-the-counter medications, or prescription drugs. If a law enforcement officer suspects you of DUI, they will likely file charges under these DUI laws:
VC 23152 (a) for Impairment
Under this law, the prosecutor will demonstrate that your ability to operate a vehicle safely was impaired by alcohol or drugs. You are considered impaired if your physical and mental abilities are impaired to an extent that you cannot safely operate a vehicle like a sober person would. An officer can assess impairment using various methods, including observation, administering a chemical test, or field sobriety tests.
If you are arrested for speeding or reckless driving and an officer stops you, they can investigate and arrest you for DUI if you exhibit signs of impairment. However, the officer will ask a few questions to assess how you answer, as they look for physical signs of intoxication, like bloodshot eyes or the smell of alcohol on your breath.
VC 23152(b) for Exceeding Per Se BAC Limit
This is the DUI per se law that prohibits drivers from operating a car with a specified level of alcohol in their system. For regular drivers, the limit is 0.08%, but for commercial drivers, including bus drivers and taxi operators, the standard level is 0.04%. Underage drivers, 21 years and younger, are prohibited from driving with any amount of alcohol in their system under the zero-tolerance law. Exceeding these limitations will lead to DUI charges, even if you are not impaired by alcohol.
Remember that your mental and physical driving abilities can be impaired by alcohol or drugs. The law on drugs does not just apply to regulated drugs under the Controlled Substances Act but to all drugs, including prescription and over-the-counter medications. You should speak to a skilled Bostonia DUI attorney to understand your charges, options, and how to fight your charges for a reasonable outcome.
How DUI Arrests are Done in California
Law enforcement officers in California do not have a typical way of conducting DUI arrests. However, the legal process that follows a DUI arrest is similar to most cases.
You can be stopped, investigated, and arrested for a DUI if you violate a traffic infraction, like speeding or reckless driving. An officer routinely asks you a few questions, gauging how you answer them. They can ask for your license and registration to see how well your coordination is. If the officer suspects you are driving under the influence, they can ask you to step out of the vehicle. Once outside, they will ask a few more questions and could even ask you to perform sobriety tests. You can politely decline to perform these tests without violating the law, but implied-consent chemical tests have DMV consequences. If the officer is more suspicious about your impairment, they can arrest and take you to the police station for further investigation.
Some DUI arrests occur at an accident scene. If you are involved in an accident, the police are usually among the first responders. While investigating the cause of the accident, they can ask a few questions to determine your sobriety. If the officer suspects that you were driving while intoxicated, they will arrest you and take you to the station for further investigation.
Other DUI arrests occur at legal DUI checkpoints. These are checkpoints that the police set in various locations throughout the state to stop and investigate motorists for DUI randomly. The checkpoints are advertised beforehand, and an officer is appointed to take charge. The officers manning the checkpoint determine the criteria for stopping and investigating motorists for DUI. When stopped at a DUI checkpoint, the officers will ask a few questions and could ask you to step outside the vehicle to perform some field sobriety tests. You will be arrested and taken to the station for further investigation if the officers suspect you of driving while intoxicated.
Once at the station, an officer can ask further questions and administer a chemical test to determine your blood-alcohol concentration level. If the BAC level is at or higher than the legal standard, the officer will file DUI charges under VC 23152(a) for exhibiting signs of intoxication or impairment and VC 23152(b) for violating the DUI per se law. If you exhibited signs of intoxication, but your BAC is lower than the allowed standard, you can still face DUI charges under VC 23152(a). In preparation for the trial, you should contact a skilled Bostonia DUI attorney immediately after your arrest.
Types of DUI Charges a Bostonia DUI Attorney Can Help With
If you are driving while intoxicated, a prosecutor will consider the circumstances of your case and your criminal history to determine the correct charges to file against you. Here are standard DUI charges in California and possible penalties:
First-Time DUI
This charge will occur if it is your first time being arrested for a DUI. Remember that a DUI is a severe offense, meaning that even a first-time DUI conviction will likely result in grave penalties. A first DUI is a misdemeanor, punishable by the following:
- Up to six months in jail, or
- Misdemeanor probation for three to five years
- $390 to $1,000 in court fines and penalty assessments
- A driver’s license suspension for six months by the court and four months by the DMV
- Mandatory DUI school for at least 30 hours
- Installation of an ignition interlock device system in your vehicles if you apply for a restricted license
Second-Time DUI
You will face second-time DUI charges if you have a prior DUI conviction on your criminal record within ten years. A DUI conviction remains in your criminal record for at least ten years. A second DUI is also a misdemeanor, but with heftier penalties than a first DUI. The second one is punishable by the following:
- 96 hours to one year in jail, depending on the circumstances of your case, or
- Misdemeanor probation for three to five years
- $390 to $2,000 in court fines and penalty assessments
- Two years of driver’s license suspension
- Mandatory DUI school for 18 or 30 months, depending on aggravating factors
- Installation of an IID system in your vehicles if you apply for a restricted license
Third-Time DUI
This charge will occur if two prior DUI convictions are on your criminal record within ten years. It is also a misdemeanor offense with more severe penalties than the first and second DUIs. The possible penalties for a third DUI include the following:
- 120 days to one year in jail, or
- Misdemeanor probation for three to five years
- $2,500 to $3,000 in court fines and penalty assessments
- Mandatory DUI school for 30 months
- Driver’s license suspension for three years
- Mandatory installation of an IID system if you qualify for a restricted license
Fourth and Subsequent DUIs
A fourth and subsequent DUI charge in California is always a felony offense. It occurs when you have at least three prior DUI convictions on your criminal record within ten years. A felony DUI will have stiffer penalties than a misdemeanor. Here are the penalties you will likely receive if convicted of a fourth DUI:
- 16 months, two or three years in prison, or
- Felony probation for up to five years
- Mandatory DUI school for 30 months
- $2,500 to $3,000 in court fines and penalty assessments
- Driver’s license suspension for four years
- Installation of an IID system in your vehicles if you qualify for a restricted license
- Designation as a habitual traffic offender
Felony DUI
A prosecutor can file felony DUI charges under the following circumstances:
- If the current DUI is your fourth one within ten years, meaning that you have three prior DUI convictions in your record.
- If you caused an accident while driving under the influence, causing an injury.
- If you cause a fatal accident while driving under the influence.
- If you have a prior felony DUI on your criminal record
Felony DUIs are severe, with severe penalties. Your exact penalty will depend on the circumstances of your case. Here are possible felony DUI charges a prosecutor can file against you:
- DUI with Injury
This charge will happen if you cause an accident while driving under the influence of alcohol or drugs, resulting in an injury to one or more people. The judge will determine the proper penalty for this offense depending on the severity of the injury and the number of victims. According to VC 23513, DUI with injury is punishable by the following:
- Two, three, or four years in prison
- A maximum of $10,000 in court fines
- Vehicular Manslaughter
The prosecutor can file vehicular manslaughter charges against you if someone dies from an accident that you cause while driving under the influence. The charges can be under PC 191.5(a) for gross vehicular manslaughter while intoxicated or PC 191.5(b) for vehicular manslaughter while intoxicated. The former is punishable by four, six, or ten years in prison, while the latter is punishable by 16 months, two, or four years.
Watson Murder
This is a second-degree murder charge you can face under PC 187 if you cause a person to die while driving under the influence of alcohol or drugs. The prosecutor can bring this charge against you if there is evidence that you acted with implied malice, meaning that you were aware of the extreme risk your behavior posed to human life, but you disregarded that risk. The offense is punishable by:
- 15 years to life in prison
- A maximum of $10,000 in court fines
This is also a strike under the California three-strikes law. If it is a second strike, you will receive twice the penalties recommended for the offense under the law. If it is your third strike, your penalty will be 25 years to life in prison.
Defense Strategies a Bostonia DUI Attorney Can Use to Fight Your Charges
Criminal trials in California are conducted very fairly. The defendant is allowed to defend themselves against the charges they face. The law also allows various defense strategies to fight for a favorable outcome in a criminal case. However, you need the help of a competent DUI attorney for this. Your attorney can convince the court to drop or dismiss your charges with the right strategies. Some of the strategies they can use are as follows:
The Police Did Not Have Probable Cause to Arrest You
Law enforcement officers need probable cause to stop and investigate a motorist for DUI before arresting them. You can be stopped after committing a traffic infraction, at an accident scene, or at a DUI checkpoint. If you believe that you were randomly stopped and arrested for DUI, this defense strategy can work in your favor. Even at a DUI checkpoint, the police must follow an outlined set of criteria to stop and investigate motorists for DUI.
If the police did not have probable cause, your attorney can convince the court to dismiss your charges because your arrest was unlawful.
Your BAC Results are Inaccurate
A higher than standard BAC provides irrefutable evidence that you were driving under the influence. The police administer chemical tests after an arrest to determine your BAC, which shows the amount of alcohol in your system. They can use a breathalyzer to measure a breath sample or test a blood sample if you cannot provide a breath sample. These tests are not always accurate, and they can give misleading results.
For example, if a breathalyzer is not well-maintained or properly calibrated, it can give a false result. A breathalyzer can also give inaccurate results if the person handling it is not well-trained. A skilled attorney will investigate the accuracy of your BAC results to present a solid defense against your charges. If this works, the court will dismiss the BAC results or your charges.
Your BAC was a False Positive
Sometimes breathalyzers give a false-positive result due to various factors. For example, if you have used an alcohol-based product like a mouthwash before the investigation, it could provide a false BAC while, in the actual sense, you are not intoxicated. This can lead to a DUI arrest. People with some illnesses, like acid reflux, have also reported false positives when using a breathalyzer. Presenting this argument in court, with evidence, can result in a favorable outcome. If the false BAC is the solid evidence the prosecutor has against you, the judge can dismiss your charges.
You Were Not Intoxicated
When investigating you for a DUI, officers look for indications of intoxication, including slurred speech when answering questions, unsteady movements when you stand or perform a field sobriety test, or red, watery eyes. However, most signs indicate other conditions, like fatigue or the flu. Exhibiting these signs does not necessarily mean you are intoxicated. You could walk unsteadily because of how you are dressed or the uneven ground you are walking on. You could also slur your speech because you are nervous after being stopped by the police. A competent attorney will present a valid argument that will cause the court to dismiss your charges.
Find a Competent Bostonia DUI Attorney Near Me
If you or someone you love is facing DUI charges in Bostonia, a competent attorney can help. The legal processes following a DUI arrest are complex and challenging to navigate without help. This serious charge can also result in a lengthy jail or prison sentence, a hefty court fine, and other life-changing consequences, like a suspended driver’s license. In addition to helping you navigate the legal process, an attorney can defend your rights, discuss your options, and help you plan a solid defense against your charges.
At San Diego DUI Attorney, we know how life-changing a DUI conviction can be. You will have a damaging criminal record even after serving your jail sentence and paying all court fines. We can help you understand the legal implications of your charges and choose the best defense strategies for a favorable outcome. Call us at 619-535-7150 to discuss your case and our services in detail.
