Driving under the influence (DUI) is considered one of the most common crimes in Calexico Lodge. A single arrest can ruin your life, and it becomes more serious if it is not your first offense or you have aggravating circumstances such as bodily injury or a previous felony DUI.
In California, DUI offenses are tried under the strict state laws, which may attract harsh penalties such as a jail term, hefty fines, compulsory license revocation, and, in some instances, a criminal record. The first, second, and even third DUIs are usually considered misdemeanors. There are some conditions under which your case can immediately be classified as a felony, for example, a fourth DUI or the injury of a person.
This is why it is important to have a DUI attorney in Calexico Lodge on your side. This may be the difference between walking free with fewer penalties and life-changing consequences. We mount a solid defense approach at San Diego DUI Attorney to have your charges dropped or dismissed.
What Is Considered Drunk Driving Under California Law
In Calexico Lodge, you do not need to be caught speeding or swerving through traffic to be arrested for drunk driving. According to the law, drunk driving is defined as the act of being in charge of a car when one is under the influence of alcohol, even when the vehicle is not in motion. The prosecution usually uses circumstantial evidence to show that you were driving drunk.
For example, the officers can mention the engine is running, the headlights are on, or you are sitting in the driver’s seat with the keys in the ignition. These indicators, without a single movement of the vehicle, can be used to prove that you had the desire and capability of driving the car under the influence.
It is not rare that individuals are arrested when they are parked or even sleeping in their cars. Under such circumstances, the police are not required to see you driving. They simply have to prove to the court that you were physically in control of the vehicle when you were drunk.
The interpretation of the word driving in California is the most important aspect in constructing your defense. If the car did not move directly, your DUI attorney can discredit the prosecution’s theory and undermine their case.
What Does “Driving Under the Influence” (DUI) Mean?
In California, a DUI is not simply a case where you drank and drove. It implies that your mental or physical capacities were so affected by alcohol or drugs that you could not drive as carefully as a sober person would in the same situation. That is the legal standard, and it is wider than most people imagine.
When you are arrested for DUI, you are charged with two different offenses under VC 23152:
- Subdivision (a) is concerned with impairment. The prosecutor does not have to show that you were above the legal limit; he or she only needs to show that you were too intoxicated to drive safely.
- The per se charge is subdivision (b). When your BAC reaches 0.08% or more, you are legally drunk, no matter how good you might have been driving.
One should also be aware of the impact of timing on these charges. BAC tests can take place 30 minutes or more following the traffic stop. However, in the state of California, the result of your test is presumed to indicate your BAC at the time of driving, as long as it is taken within three hours. Prosecutors employ this legal presumption to enhance their case even when the test is conducted long after the arrest.
This is why a DUI is not a simple challenge to the figure on a BAC report. Your defense attorney will look into the circumstances of the stip, how the test was administered, and whether your rights were infringed.
Penalties for DUI in California
Getting a DUI in California means that the punishment you receive is mainly reliant on whether this is your first time or not. California has a 10-year look-back period, so any DUI in your history during the last 10 years will be held against you during sentencing.
A single crime may ruin your life. However, the more the person is convicted, the more severe the punishment is, the higher the financial cost is, and the more severe the legal implications are.
First DUI Offense
- Serve a maximum of 6 months in jail.
- Fines between $390 and $1000, adding to penalty assessments that may triple the amount
- Suspension of license for 6 months
- Undergoing DUI school for 3 to 9 months
- Installing an Ignition Interlock Device (IID) for limited driving
Second DUI Offense
- Serving between 96 hours and 1 year in jail
- Fines between $390 and $1000
- Suspension of license for 2 years
- Undergoing DUI school for 18 to 30 months
- Installing an Ignition Interlock Device (IID) for limited driving
Third-Time DUI
- Serving between 120 days and 1 year in jail
- Fees between $390 and $1000
- Suspension of license for 3 years
- Undergoing DUI school for 30 months
- Mandatory IID installation
Fourth or Later DUI (Felony DUI)
- Serving not more than 3 years in prison
- Fees between $390 and $1000 and assessments
- Suspension of license for 4 years or permanent revocation
- Probation for 5 years
- Mandatory IID installation for 3 years
- Having a permanent criminal record
A fourth DUI in Calexico Lodge is considered a felony regardless of whether anyone was hurt. And when you are found guilty of a felony DUI, any subsequent DUI is even more complex, usually resulting in state prison and lifetime repercussions.
DUI Involving Bodily Injury or Death
The stakes are high when a DUI causes bodily injury or death. In California, such cases are nearly always charged as felonies, and the penalty is much more than a suspended license or a fine. You are now looking at a major jail sentence, restitution to the victim, and a lifelong criminal record.
- DUI with Injury, Vehicle Code 23153
If you have an accident in Calexico Lodge and anyone is hurt, even a little, you may be accused of the offense described in VC 23153. The punishments are:
- Fines between $390 and $1000
- Penalty assessments that could have expenses increased to more than $18,000
- Compulsory compensation to the injured parties
- Jail or prison: 3 years (longer in case of multiple victims)
- Suspension of license for 3–4 years, or permanent revocation
- DUI school for up to 30 months maximum
- Mandatory Ignition Interlock Device (IID) installation for up to 3 years
The court can also give formal probation with severe conditions, particularly when it is the third or fourth time.
DUI Causing Death, Vehicular Manslaughter, and Watson Murder
In case a person dies because of the DUI, you might be accused of vehicular manslaughter or even second-degree murder, depending on the situation and your previous record.
- Penal Code 191.5(b), Negligent Vehicular Manslaughter
- Applies in the case of death by ordinary negligence when under the influence of alcohol
- Is chargeable as a misdemeanor or felony
- The felony version can have up to 4 years in prison
- Penal Code 191.5(a), Gross Vehicular Manslaughter
- Includes gross negligence, a careless disregard for human life
- Felony offense that could get up to 10 years in state prison
- Penal Code 187, Second-Degree Watson Murder
- It is filed when the driver already had a DUI conviction and knew the dangers.
- It was named after People v. Watson (1981)
- Punishment includes 15 years to life imprisonment
When you are charged with any form of DUI that involves injury or death, you need legal assistance as soon as possible. The distinction between a manslaughter charge and a murder conviction may be determined by the way your case is presented and whether your rights were safeguarded in the first place.
Special DUI Penalty Categories
Penalties for Commercial Driver DUI
In case you have a commercial driver’s license (CDL), a DUI conviction can not only mess up your life, but it can also terminate your career. California and federal laws are much more demanding of commercial drivers, beginning with a lower legal limit for blood alcohol and more serious penalties for a license.
- Reduced BAC Level to CDL Drivers
According to both California VC 23152(d) and FMCSA regulations, commercial drivers are legally intoxicated at a BAC of only 0.04 percent, which is half of the legal limit of non-commercial drivers. This implies that any little dose of alcohol will result in a DUI charge when you are on duty.
- Punishments for First Commercial DUI Offense
- Suspension of license: 1 year
- Fines between $390 and $1,000, plus penalty assessments
- Probation and DUI school
- An immediate loss of commercial driving privileges
A DUI conviction, even when you were driving your car at the time, affects your CDL. The statute does not make a difference in the kind of vehicle driven.
- Second Commercial DUI Offense Penaltie s
A second DUI offense means that your commercial driving privileges are disqualified. The offense has no exceptions. After disqualification, you cannot drive commercially again.
- Extra Penalties on Aggravating Circumstances
The punishments are even worse when:
- You were carrying dangerous goods
- You declined a chemical test (which is an automatic DUI infraction)
- You have been arrested, and you did not inform your employer within 30 days
In extreme instances, particularly in conjunction with controlled substances or injuries, you might be sentenced to years in prison or a lifelong criminal record.
To CDL holders, DUI is not a traffic offense, but a threat to your livelihood. A DUI lawyer in Calexico Lodge will assist you in safeguarding your driving record and, more importantly, your future.
Immigration and DUI Consequences for Foreign Nationals
As a non-citizen who has been charged with DUI in Calexico Lodge, the repercussions may go way beyond the court fines and license revocations. Even without a conviction, a DUI arrest may cause severe immigration implications. Foreign nationals face much higher risks, from visa cancellation to possible deportation.
- Visa Revocation After a DUI Arrest
The U.S. Department of State says that just an arrest for DUI, not a conviction, is sufficient to cause automatic visa revocation. That means:
- Without hearing, your visa can be canceled
- You will not get a warning beforehand
- Before returning to the U.S., you must reapply and demonstrate eligibility.
This is for non-immigrant visa holders, including students, visiting scholars, tourists, and skilled workers—including a canceled worker—who are not their dependents. Should you try to travel to the U.S. as a canceled worker, including not being allowed to board or enter the airport?
When you were an undocumented immigrant, a DUI arrest may lead to immigration detention and removal proceedings, even before you are convicted. Immigration and Customs Enforcement (ICE) frequently issues an immigration hold after you are booked into custody on a DUI.
This implies that you might be taken into federal custody before your DUI case is adjudicated. To prevent this, it is essential to hire a defense attorney who is familiar with DUI law and immigration implications.
Although the U.S. Supreme Court decided in Leocal v. Ashcroft (2004) that a typical DUI is not a crime of violence, immigration courts can still apply DUI with aggravating circumstances as a basis of removal.
How to Defend a DUI in California
The fact that you are arrested on suspicion of DUI does not imply that you are guilty. The California law assumes that you are innocent until you are proven otherwise. A good defense may reveal the flaws in the prosecution’s case, which may result in lesser charges or even a complete drop.
Contesting the Breathalyzer Test
Breathalyzer tests do not directly measure blood alcohol; they estimate it by breath. This approach is rife with variables:
Breathing patterns, temperature, and even diet, for example, can bias results
Equipment can be incorrectly calibrated or not well-maintained.
Even when correctly used, the margin of error may be 0.005-0.02%.
Your DUI attorney can demand calibration records, object to the test procedure, and exclude the results in case of errors.
Medical Causes of Intoxication-like Symptoms
Certain medical conditions might cause false positives on a BAC test. For example:
- Diabetics can go into ketosis, and this generates acetone, a substance that is commonly confused with alcohol in breath tests
- Alcohol vapors in the stomach can be blown up by acid reflux and GERD into BAC readings
If your health condition led to false test results, your attorney can discredit the evidence with the help of medical records and expert testimony.
Unreasonable Stop of Traffic
To stop your vehicle, police should have a reasonable suspicion. If they pulled you over without a legal reason, any evidence collected later can be declared inadmissible in court. This includes:
Results of breathalyzer or blood tests
The results of field sobriety tests
Anything you uttered at the stop
Your lawyer can make a motion to suppress evidence, significantly weakening the case against you or getting it dismissed altogether.
Inappropriate Field Sobriety Tests (FSTs)
The field sobriety tests are not scientifically sound. They are between 65 and 77 percent accurate, and things such as being nervous, having balance problems, or even the shoes you wear can make you fail even when you are not drunk.
In case your arrest was based mainly on the field tests, your lawyer can present the following argument:
- The test was not properly instructed or scored by the officer
- You had a physical incapacity to take the test due to non-alcohol-related reasons
- Your performance was influenced by environmental factors, for example, uneven pavement and poor lighting
There is No Evidence that You Were Driving
In other DUI cases, particularly those that involve parked cars, the prosecution might not easily demonstrate that you were driving. For example:
- You slept in the river’s seat
- Nobody witnessed you driving
- No crash or physical evidence that you were involved in the movement of the vehicle
Your DUI lawyer can create reasonable doubt by proving that you were not driving the car when you were arrested.
California Title 17 Violation
California Title 17 provides strict rules on how chemical DUI tests are to be conducted. Violations include:
- Blood taken by an illegal technician
- Application of an alcohol-based swab on the puncture site
- Poor storage or refrigeration of blood samples
- Preservatives in the sample that are expired or inadequate
Your test results may be considered unreliable or inadmissible if law enforcement did not follow these procedures.
Call a Calexico Lodge DUI Lawyer Near Me
When you are arrested due to DUI, you feel confused, scared, and unsure of what happens next. You might be a first-time offender, or you might be facing a felony DUI with injury or immigration issues. However, having the right legal team on your side can be the difference between a successful and an unsuccessful outcome.
At San Diego DUI Attorney, we are familiar with DUI cases in Calexico Lode. Our skilled criminal attorneys understand the process of deconstructing police reports, questioning test results, and defending your constitutional rights from the time of arrest to the legal proceedings. Call us today at 619-535-7150 to book your free consultation with a Calexico Lodge DUI lawyer.
