When you are arrested for a DUI, you are thrown into a complicated legal battle and are not sure about your rights and consequences, especially if you are a first-time offender. When you are arrested, the shock and confusion you experience can make it hard to deal with the situation alone. Every decision you make could affect how your case turns out. With the help of a DUI lawyer, you can make informed choices that could help your case. They negotiate with prosecutors, represent you in court, and fight license suspensions to help you move on.
If you face DUI charges in Calavo Gardens, the San Diego DUI Attorney team is ready to fight for you. Contact us today for a strong, strategic defense that safeguards your rights and helps you achieve the best possible outcome.
What Constitutes a DUI in California?
California DUI laws punish drivers who drive vehicles while impaired to safeguard road safety. One critical aspect of these laws is the per se law. California Vehicle Code Section 23152(b) defines the per se law. This code establishes a clear, measurable standard for driving under the influence with a Blood Alcohol Content (BAC) level. This is different from other DUI offenses, which rely on non-measurable signs of impairment.
It is against the law to operate a vehicle with a blood alcohol concentration of .08% or higher, according to Vehicle Code Section 23152(b). This is the legal standard limit. If at any point your BAC is 0.08% or higher, you are considered in violation, even if there are no signs of impairment. The term “per se” means “in itself.” Hence, the BAC level is sufficient to prove a case. This law applies to people over 21 who drive non-commercial vehicles. It has stricter limits for commercial (0.04%) and underage drivers (0.01%).
To secure a conviction for Section 23152(b), the prosecutor must prove two main elements beyond a reasonable doubt, namely:
- You must have been operating a motor vehicle when the offense occurred or exercising actual physical control over a stationary vehicle while intoxicated.
- Your BAC was .08% or higher while driving.
In most cases, a breath test or other chemical test will be administered after a motor vehicle stop. When the test is administered within three hours, it can be presumed that the BAC was at or over the legal limit while driving. Unlike other DUI charges, prosecutors do not need to prove visible impairment, only that the BAC was above the legal limit.
California DUI laws also cover impairment from substances other than alcohol. Although Section 23152(b) explicitly addresses BAC, Section 23152(a) gives a broader definition of DUI that includes impairment caused by alcohol, drugs, or a combination of both. You can be charged with DUI even if your BAC is lower than 0.08% as long as your ability to drive is noticeably impaired. Moreover, Section 23152(f) prohibits driving under the influence of drugs, including marijuana, prescriptions, and illegal drugs.
Types of Driving Under the Influence Charges
In Calavo Gardens, there are different types of driving under the influence (DUI) charges that carry different consequences. The various categories include:
- Wet Reckless
Wet reckless is not a charge for which you will be arrested. It is a plea bargain option under California Vehicle Code Section 23103.5. This option lowers a DUI charge to a reckless driving charge, acknowledging drugs or alcohol were involved. This charge is likely when the evidence in your case is weak, as in a borderline BAC of 0.08%, or it is a first offense.
A wet reckless charge tends to carry lighter penalties compared to an ordinary DUI, specifically:
- The fine amount is approximately $1,000
- You will probably be sentenced to probation for one to two years and
- If the judge orders jail time, it is likely capped at 90 days
However, it is a priorable offense, meaning that if you are arrested again within 10 years, the offense can be treated as a DUI, leading to harsher penalties.
If offered a plea deal for wet reckless, it is important to seek legal assistance. It is rare for prosecutors to give this deal unless under pressure. So, you should speak to an attorney about better alternatives or challenge the evidence against you.
- Misdemeanor DUI
Most first and second DUI offenses are misdemeanor offenses. A misdemeanor DUI can carry penalties that include:
- Fines up to $2,000
- Possible jail for up to six months, and
- A license suspension
If you have a blood alcohol concentration of 0.10% on your first offense, then you could receive the standard penalties along with enrolling in alcohol education classes. However, if a misdemeanor does have aggravating factors, a misdemeanor can be elevated to a felony, which has much more serious consequences. These factors include:
If you injure someone while driving under the influence
- It is your third offense in 10 years, or
- You have a felony for a DUI already
- Marijuana DUI
Even though marijuana is legal for recreational use, you still cannot drive while under the influence of marijuana. A marijuana DUI is a violation of Vehicle Code 23152(f).
In a marijuana DUI case, officers look for impairment based on physical signs, behavior, and chemicals. Unlike alcohol DUIs post-BAC, California has no set limit for THC (tetrahydrocannabinol), and officers must prove impairment via different signs. THC is the primary psychoactive compound in marijuana.
While driving around, officers can observe the driving pattern during an incident. Officers look for any sign of impairment, including bloodshot eyes or the smell of weed. Once stopped, a Drug Recognition Expert (DRE) will conduct a 12-step evaluation, which can include field sobriety tests, pulse checks, and pupil response tests. While they measure coordination and cognition, they are not reliable for assessing marijuana impairment.
Usually, a blood test is performed to check chemical levels. California’s law says that drivers must test for drugs or alcohol after arrest. Officers can use saliva swabs to screen for marijuana, but those results are inadmissible in drug cases. Police officers rarely use urine tests because these tests will detect inactive metabolites rather than active impairment.
THC spikes quickly in the blood but stays in the body long. It complicates DUI cases because THC levels do not always show impairment. That is why prosecutors must use the test results with observed impairment to build a case.
- Prescription Drug DUI
DUIs caused by prescription drugs fall under California Vehicle Code 23152(f). This offense targets people who are impaired by legal medications like painkillers, anti-anxiety drugs, or others. You can still face DUI charges even with a prescription if your medication impairs your ability to drive safely. Whether legal or not, as a motorist, you are not allowed to use substances that could harm you or cause you to harm others.
The consequences of this type of DUI are the same as any other: fines, probation, and restrictions on driving. A lawyer can argue that you were not impaired enough to be convicted of the DUI drug charge or work out a deal for a lesser charge.
- DUI Causing Injury
If you drive while under the influence of either alcohol or drugs and cause an injury to another person, you violate Vehicle Code 23153 (DUI causing injury).
For example, if a driver with a 0.10% BAC rear-ends another car and breaks the other driver’s arm. The driver would face felony charges. The prosecution has to prove the driver was drunk and that the DUI caused the injury.
- DUI Causing Murder
A DUI death can be charged as vehicular manslaughter or murder. If you drink and drive and go through a red light, killing someone, you will face a charge of vehicular manslaughter under Penal Code 191.5. If it can be proven that there was “implied malice,” then it is charged as a “Watson murder,” a second-degree murder per Penal Code 187. Implied malice means that you knew your conduct was dangerous to life but did it anyway.
This is where Watson advisement comes in. The Watson advisement is named after the People v. Watson case decided in 1981. The advisement is a warning given to DUI offenders at sentencing. It states, “Being under the influence impairs your ability to drive safely.” It is hazardous to human life. If you drive under the influence again and someone dies, you can be charged with murder.
Your attorney can contest the accuracy of the blood alcohol content. They can also challenge evidence of causation. In general, the specific type of charges and the degrees of your likely penalty on an accusation matter. This is especially true for cases dealing with injury or death, where the prosecution must always prove causation beyond a reasonable doubt.
Understanding Traffic Court and DMV Hearings After a DUI Arrest
Being arrested for DUI in California will start two separate processes:
- A DUI criminal court case
- A DMV hearing
Each process runs independently and has different implications for your freedom and driving privileges. It is important to understand both cases and find legal representation for each to protect your rights and lessen the consequences of your DUI.
- The DUI Criminal Court Process
After your arrest, the criminal court process begins. The prosecution will work to show that you violated the law. They must prove that your guilt is beyond a reasonable doubt. They will use evidence like your blood alcohol content, field sobriety test results, or the officer’s observations. You could be fined, remain on probation, or face jail time if convicted.
- The DMV Hearing
When you are charged with a DUI, the DMV takes action against your driving privileges. Once you are arrested for DUI, your license is automatically suspended unless you apply for a hearing in 10 days. The California DMV acts as the prosecutor and the judge and would want to justify your suspension with your arrest report and BAC result.
Unlike the criminal court, where proof “beyond a reasonable doubt” is needed, the DMV has a “preponderance of the evidence” burden of proof, which makes it much easier to justify a suspension.
A DMV hearing decides if your license will be revoked after a DUI arrest, whether or not the court convicts. What matters for this decision is what evidence you will have to challenge.
If the DMV upholds the suspension, your driving privileges are taken away based on a preponderance of the evidence, which means it is more likely than not you drove with an illegal BAC or you refused to test. If your BAC is 0.08% or greater for a first DUI, you face a suspension of four months unless you also refuse a chemical test, in which case the DMV will suspend your driver’s license for one year. DMV will presume you were driving under the influence and suspend your license unless you fight back and beat the evidence. Repeat offenses carry suspensions of one to three years. If you do not request a hearing within 10 days after you were arrested, your driving privilege will be automatically suspended.
If the DMV denies allowing full reinstatement but finds hardship, you could qualify for a restricted license. Usually, these are issued thirty days after the first offense upon installation of an Ignition Interlock Device (IID) and enrollment in a DUI school. When your license is restricted, you can only drive to certain places.
The suspension could be overturned if you or your lawyer dispute the evidence. Common defenses include:
- The stop was unlawful
- Defective BAC test, or
- Proving you were not driving
Without proper representation, suspension is likely. Having a lawyer increases your chances of not losing your license.
The DMV hearing doesn’t always have the same result as what happens in the criminal case. What happens in the courtroom is not always the same as what happens at the DMV. This shows how important it is to have lawyers for both. The attorneys can create defenses to suit the rules of either forum so that you are adequately prepared for the criminal court and DMV hearing.
Penalties for DUI Offenses
The various penalties for a DUI in Calavo Gardens increase dramatically for every conviction within 10 years. If you are charged with DUI in Calavo Gardens, an experienced DUI attorney can help minimize these consequences.
- First DUI Offense
For a first DUI offense, penalties can include:
- Prison sentence 6 months maximum, usually avoided with probation
- Probation for 3 to 5 years
- Fines ranging from $390 to $1,000
- License suspension of 6 months
- DUI classes that could last for 3 to 9 months
If you have a high BAC, like 0.15%, or if you are speeding, you will likely face increased fines or jail time.
- Second DUI Offense Within 10 Years
If a person gets another DUI, the penalties are higher.
- You will spend 96 hours to 1 year in jail
- Fines ranging from $390 to $1,000
- License suspension of 2 years
- Mandatory enrollment for DUI program, which could run for 18 months
- Third DUI Offense
A third DUI conviction does incur even worse penalties, including:
- 120 days to 1 year in jail
- Fines of up to $1,000
- License revocation of 3 years
- Enrollment in a DUI program
If you are arrested for drunk driving again, being a repeat offender, expect no favor or leniency from the court. Hence, this is the point where effective legal counsel with rich experience can be beneficial.
- Fourth DUI Offense (Felony DUI)
A fourth DUI charge is treated as a felony, which comes with harsh penalties including:
- A prison sentence of 16 months to 3 years
- Fines of up to $5,000
- License revocation for 4 years
A felony conviction means dire consequences, like having a job and being social.
- DUI Causing Injury or Death
Driving under the influence (DUI) can cause injury or death, leading to grave penalties, specifically:
- You could serve a jail time of 4 to 10 years in prison for vehicular manslaughter (gross negligence).
- A minimum of 25 years in prison for a DUI murder (Watson murder)
If an accident takes place due to DUI, which leads to someone’s death or injury, the charge can either be vehicular manslaughter or DUI murder, which takes several years in prison.
Restricted Driving License and Ignition Interlock Devices
A restricted driving license in California gives people with a suspended license, often for a DUI, the ability to drive under certain conditions, like for work, school, or court-ordered programs. This choice ensures you stay within limits while all your driving privileges are suspended. To obtain your restricted license, you must meet the requirements for reinstatement, like installing the IID on your vehicle.
An IID is linked to your vehicle’s ignition system. Before the engine is started, you must blow into the device, which measures your blood alcohol content.
The car will not turn on if your BAC exceeds a set limit. When driving, random testing is required so the device does not let the car function if it detects alcohol. The NHTSA lays down IID specifications to ensure accuracy, resistance to tampering, and the requirement for random retests. The devices will be effective and reliable in preventing impaired driving.
Repeat DUI offenders and those convicted of DUI with injury must use an IID (interlock ignition device). However, a person with a first DUI conviction has the choice to get an IID. When you opt for this, you will not have to have your license suspended for more extended periods but will instead receive a restricted driver’s license to drive with IID for 6 months.
Find a DUI Attorney Near Me
If you are facing DUI charges in Calavo Gardens, you will want to have a strong understanding of California’s serious DUI laws right away, along with the help of an experienced lawyer. DUI cases are complicated, but with the help of a Calavo Gardens DUI attorney, you can put your mind at ease. Hiring a lawyer early on allows you to take an active role in the legal process while protecting your rights. Understanding your situation is a significant step forward to a good outcome.
For immediate help, call the San Diego DUI Attorney at 619-535-7150.
