The consequences of a DUI conviction go beyond the immediate legal consequences of an arrest, trial, conviction, and sentencing. It leaves you with a severe criminal record that can continue impacting your life for years. For example, a criminal record can make finding a suitable job, reasonable insurance, and renting and lending rates challenging. Other effects include personal and social consequences, including mental health problems and strained relationships.
However, you can influence the outcome of a DUI case after an arrest in Borrego Springs. Partner with a competent attorney from San Diego DUI Attorney for a solid defense against your charges. They can cause the court to dismiss or reduce your charges. Additionally, you will enjoy a seamless legal process and a clear understanding of your rights and legal options.
The Legal Definition of DUI in San Diego
DUI, or driving under the influence, is a crime that occurs when you operate a vehicle while under the influence of alcohol or drugs. These substances impair your physical and mental abilities to operate a vehicle safely. DUI is one of the leading causes of fatal accidents in California. Thus, DUI laws are stringent to stop the vice and hold those who are guilty of DUI accountable for their actions. The consequences of a DUI conviction are severe. They include a lengthy sentence, a hefty court fine, and revocation or suspension of your driver’s license. Other consequences apply, including a criminal record that can impact your life for years.
In California, DUI laws are under Vehicle Code 23152. They apply to drivers whose driving has been impaired by alcohol or drugs or who operate with a blood-alcohol concentration level that is above the legal standard. For example, if you, an ordinary driver, are stopped for reckless driving by the police, and they suspect you of driving while intoxicated, they can arrest you for DUI under VC 23152(a). If, after the arrest, the officers test your blood alcohol level from a breath or blood sample, and they find it to be at 0.08% or higher, you will face additional DUI charges under VC 23152(b).
California DUI laws apply to all drivers who ply California public roads. The zero-tolerance law prohibits an underage driver, 21 years or younger, from operating even with a trace amount of alcohol in their system. Strict DUI laws also apply to commercial drivers who operate public buses, school buses, or vehicles for hire, like taxis and Uber. They should not drive with an alcohol level of 0.04% or higher in their blood.
You can face DUI charges for driving under the influence of alcohol, drugs, or a combination of alcohol and drugs. The specific law under which the prosecutor will file charges will depend on the specifics of your case and criminal history.
Additionally, DUI is a priorable offense, meaning that prosecutors file charges depending on the number of prior DUI convictions in your record within ten years. A first-DUI offender has zero prior DUI convictions on their record, while a fourth-DUI offender has three prior DUI convictions on their record within ten years. The first three DUIs without aggravating factors, like an injury or death, are misdemeanors. The fourth and subsequent DUIs are also felonies. A DUI with injury or death is also a felony.
You should speak to a competent Borrego Springs DUI attorney about your charges to understand their legal implications, options, and possible consequences. An attorney can also determine the best defense strategies to apply in your situation to influence your case’s outcome.
DUI Cases a Skilled Borrego Springs DUI Attorney Can Help With
You can face a misdemeanor or felony DUI, depending on the facts of your case and your criminal history. Here are standard DUI charges and how an attorney can help:
Misdemeanor DUI Charges
The prosecutor will file misdemeanor DUI charges against you if you are a first, second, or third offender. However, penalties for a misdemeanor DUI conviction vary from case to case.
A first-DUI charge will occur if you have never been previously arrested for a DUI. Although it is a first offense, the penalties are severe and could include the following:
- Six months in jail, or misdemeanor probation for between one and three years
- $390 to $1000 in court fines. This can be higher if court costs and penalty assessment costs are included
- Driver’s license suspension for six months, but you can apply for a restricted license after 30 days
- DUI school for three months, which can be extended to six or nine months if you require a longer rehabilitation for an underlying alcohol or drug problem
A second DUI charge will occur if you have a prior DUI conviction on your record within ten years. Although this is also a misdemeanor, the penalties will be harsher than those you received for the first DUI. They can include the following:
- 96 hours to one year in jail, or
- Misdemeanor probation for up to five years
- From $390 to $1000 in court fines, which can go up if you add penalty assessment costs
- 30 months in a DUI school
- Two years of driver’s license suspension
A third DUI will occur if you have two prior DUI convictions on your record within ten years. Though it is still a misdemeanor, its penalties will be harsher than what you received for the second DUI. The penalties include:
- 120 days to one year in jail, or
- Misdemeanor probation for up to five years
- From $390 to $3000 in court fines, including penalty assessment costs
- Three years of driver’s license suspension. You can apply for a restricted license after two years of suspension
- 30 months in a DUI school
Felony DUI Charges
You can face felony DUI charges under various circumstances in California.
A fourth offense DUI is a felony. It occurs when you have three prior DUI convictions on your record within ten years. The prosecutor will file felony charges under VC 23152(a) if your driving ability is impaired by alcohol or drugs and VC 23152(b) if your BAC is more than the required standard.
A felony DUI is also possible if you have a felony DUI conviction on your record. This will apply even if your subsequent DUI is second or third. If your first or subsequent DUI is a felony, your subsequent DUI violations will be charged as felonies.
A felony DUI can also happen if you drive while intoxicated with a minor aged 14 or younger in the vehicle. This can be charged as child endangerment under PC 373(a), resulting in severe penalties.
A conviction for a felony DUI for a fourth DUI or for having a prior felony DUI is punishable by the following:
- 16 months, two or three years in prison, or
- Felony probation
- $10,000 in court fines
- License suspension for four years or more, depending on the circumstances of your case
- Up to 30 months in a DUI school
A felony conviction for child endangerment is punishable by the following:
- Two, four, or six years in prison
- $10,000 in court fines
- You could lose your parental rights
DUI Causing an Injury
The prosecutor can also file felony DUI charges under VC 23153 for causing an injury while driving under the influence of drugs or alcohol. The penalties you receive for this offense depend on the severity of the accident and the resulting injury. Typically, the offense is punishable by the following:
- Two, three, or four years in prison, or
- Felony probation
- $10,000 in court fines
- At least 30 months in a DUI school
- Driver license suspension for up to five years
- Being designated a habitual traffic offender for three years
- Having a strike record on your criminal record
Vehicular Manslaughter While Intoxicated
This occurs when you cause a fatal accident while driving while intoxicated. The prosecutor can file charges under PC 191.5(b) if you acted with ordinary negligence or under PC 191.5(a) if you acted with gross negligence. Vehicular manslaughter is punishable by the following:
- 16 months, two or four years in prison, and a $10,000 court fine for a conviction under PC 191.5(b). The judge can sentence you to probation after serving a minimum prison sentence, which is determined by the facts of your case.
- Four, six, or ten years in prison and a $10,000 court fine for a conviction under PC 191.5(a). Probation is also possible after serving a minimum sentence.
How a Borrego Springs DUI Attorney Can Help
DUI laws are complex and challenging to understand without legal help. The legal processes after a DUI arrest are also complicated. You need a skilled DUI attorney to understand your charges, options, and rights and for effective defense against your charges. An attorney will also offer guidance and legal representation for a smooth process and favorable outcome. Here are reasons to hire a Borrego Springs DUI attorney after an arrest:
For Help Investigating Your Case
When the police arrest you for a DUI, any investigation they conduct is to build their case against you. The prosecutor will use the police findings and any other evidence against you during the trial. You must conduct an independent investigation to gather evidence that will counter the prosecutor’s case against you. A skilled DUI attorney knows how to conduct these investigations. They will review witness statements, police reports, and any other evidence the police have against you. They can develop a defense that can influence your case’s outcome.
For Help Gathering Evidence
The strength of evidence determines DUI cases in California. Although the prosecutor bears the burden of proof, you can defend yourself. You must provide substantial evidence to counter the prosecutor’s case. Thus, you must gather sufficient evidence as you await the trial to ensure you have a strong defense against your charges. A skilled attorney can help with this. They know the kind of evidence you need, depending on how strong the prosecutor’s case is. They will also preserve the evidence and ensure it is admissible during the trial.
Negotiating for a Plea Deal
Plea deals are available in some criminal cases. The prosecutor can offer you a plea deal, or your attorney can request one. It involves pleading guilty to a less severe offense instead of going through an uncertain trial for the underlying charge. For example, a prosecutor can offer a plea deal for wet reckless instead of charging you with a DUI and taking the matter to a trial. If you accept the agreement, the case will go straight to sentencing. You save time and receive less severe penalties than you would receive after a DUI conviction.
For Challenging Evidence
A Borrego Springs DUI attorney can also help with defense. They will represent you in court during the trial and present your defense to influence the outcome of your case. They can use various defense strategies, depending on the circumstances of your case. Here are some defense strategies that can help your situation:
- You Were Not Driving Under the Influence
Remember that you face DUI charges for driving while your mental and physical driving abilities are impaired and when you have a higher than standard BAC. The prosecutor can file DUI charges if you are suspected of intoxicated driving, even when your BAC is lower than standard. If this is your situation, you can fight the DUI charge by stating that you were not driving while intoxicated. Bad driving does not always mean that you are intoxicated. If you drove recklessly, ran a red light, sped, or committed any other infraction that caused the police to suspect you of DUI, this strategy can help.
- The Field Sobriety Test Results are Inaccurate
If the police stop you on suspicion of DUI, they can ask you to step out of the vehicle to perform some field sobriety tests. These gauge your coordination and stability. The results of these tests can be used to support your DUI charges during the trial. You can challenge the test results if your failure was caused by something else and not because you were intoxicated. For example, you can fail a test if you are not appropriately dressed, or the ground you must walk or stand on is uneven.
- Breathalyzer Results are Inaccurate
After a DUI arrest, you must submit to chemical testing to determine your blood-alcohol concentration level. This test is conducted by a trained officer using breath, blood, or urine tests. Breathalyzers, which use a breath test, are very common in California. However, they are not always accurate. Their accuracy mainly depends on the expertise of the person administering the tests and how well-maintained the device is. If an untrained officer performed the test, or the breathalyzer was not well-maintained or properly calibrated, it can give an inaccurate result. You can challenge these results to cause the court to throw them out of the trial.
- The Positive BAC Result Was False
A breathalyzer detects alcohol in your breath to determine your blood alcohol concentration level. A positive result is likely if you consume something alcoholic before taking the test. It will be a false positive if what you consumed was not alcohol. It could be that you used an alcohol-based mouthwash. Also, people who have acid reflux register a false positive on breathalyzers. You must provide proof of this, through your attorney, for the judge to acquit you of all your charges.
- The Police Violated Your Civil Rights
The law requires the police to follow laid-down procedures when stopping, investigating, and arresting motorists for DUI. For example, law enforcement officers need probable cause to stop and arrest you for a DUI. They cannot stop you randomly. If you believe that the arresting officer did not have probable cause, you can fight any evidence they gathered after your arrest.
Additionally, the police need to read your Miranda rights before questioning you after a DUI arrest. Understanding these rights is critical, as they protect you against self-incrimination. If your right to an attorney is denied, or the police force you to confess, your attorney can compel the court to dismiss all the evidence gathered against you.
If the police need to search your person or property for evidence, they must obtain a warrant. Anything they gather without a warrant is inadmissible in court.
Find a Competent Borrego Springs DUI Attorney Near Me
Do you or a loved one face DUI charges in Borrego Springs?
A DUI conviction can result in severe penalties and other life-changing consequences. However, you can influence your case’s outcome with the help of an experienced DUI attorney. In addition to advising you on your rights and options, an attorney will help develop a solid defense against your charges. They can cause the court to dismiss or reduce your charges.
At San Diego DUI Attorney, we know what is at stake if you are convicted of a DUI, including your freedom and driving privilege. We can partner with you to determine the severity of your case, gather evidence, and fight against your charges during the trial. We can also negotiate for a plea deal if it applies in your case. Call us at 619-535-7150 to learn more about your case and our services.
