A DUI is a serious offense with long-term effects beyond the courtroom, impacting your license, job, and personal life. DUI cases are subject to statewide laws and local court procedures and practices. When you are arrested on suspicion of DUI, two legal proceedings are initiated, one in a criminal court and one with the Department of Motor Vehicles (DMV).
These two legal procedures are independent but tend to intersect; therefore, seeking legal assistance as soon as possible is essential to prevent automatic charges and defend your rights. At San Diego DUI Attorney, our Eagles Nest DUI attorneys are ready to help you protect your license, defend your rights, and guide you through every step of the legal process.
An Overview of the Vehicle Code Section 23152
The main law that regulates impaired driving in Eagles Nest is California Vehicle Code Section 23152. It contains certain restrictions on the usage of a motor vehicle under the influence of alcohol, drugs, or both. The law is divided into several subsections, each defining a different aspect of a DUI offense under California law. Most DUI cases in the state are based on this statute.
It is common for individuals to be charged with subsections 23152(a) and 23152(b) in the same DUI case. Nevertheless, when found guilty of both crimes, these charges are usually combined during sentencing into one DUI conviction.
VC 23152(a) – Driving Under The Influence Of Alcohol
According to Section 23152(a), no person is allowed to drive a motor vehicle while they are under the influence of alcohol. This is a provision that is concerned with impairment and not a particular blood alcohol concentration (BAC). The prosecution has to prove that the mental or physical ability of the individual was impaired to the stage that they were not able to drive with the care of a sober person who uses ordinary care in similar circumstances.
Some evidence that can be used to prove a violation under this subsection includes physical signs like slurred speech, red or watery eyes, unsteady balance, or the smell of alcohol, and observations of the arresting officer during field sobriety testing.
VC 23152(c) – Driving Under the Influence of Addiction to Drugs
Under Vehicle Code Section 23152(c), a person is not allowed to drive a vehicle if they are addicted to using any drug, even without being impaired at the moment. The legal definition of the term “addicted” is that it must include physical dependence (including withdrawal symptoms), tolerance (needing higher doses), and compulsive use. There is an exception for people who are actively in a state-approved narcotic treatment program.
VC 23152(b) – Driving with a BAC of 0.08% or Higher
One of the key aspects of the California Vehicle Code Section 23152, especially subsections (b) and (d), is the notion of a rebuttable presumption. This legal doctrine is very significant in prosecuting and defending DUI cases.
In the event a chemical test (including a breath or blood test) is administered within three hours of driving and indicates a Blood Alcohol Content (BAC) of 0.08 percent or more in non-commercial drivers or 0.04 percent or more in commercial drivers, the law presumes that you had that BAC level when you were driving. This presumption is referred to as a rebuttable presumption, which is the presumption that can be refuted, though it has to be done with evidence.
Due to this assumption, the prosecution is not required to show that the driver was visibly impaired. Instead, it becomes the responsibility of the defense to provide reasonable evidence to prove that your BAC levels were not above the legal limit when driving.
California jury instructions (such as CALCRIM No. 2111) inform jurors of this, enabling them to find that a person was under the influence even though the test indicates a high BAC, and without evidence of impairment.
This may apply in cases where drug impairment is suspected but not confirmed through chemical testing, and additional evidence, such as a history of substance use, may be presented, especially where there is a repeat offense.
VC 23152(d) – Commercial Driver DUI (BAC Limit of 0.04%)
This subsection applies to persons in charge of commercial vehicles. It creates a lower legal BAC of 0.04 %. A violation is deemed to be per se, which implies that no further evidence of impairment is required to prosecute.
Since commercial drivers have a high safety responsibility, punishments are harsher. A first-time offender is subject to a one-year suspension of their commercial driver’s license (CDL), and a second offense can lead to permanent revocation, which is quite dangerous to the professional livelihood of the person.
VC 23152(e) – DUI With Passengers of Hire (BAC Limit of 0.04%)
Section 23152(e) also imposes a 0.04% BAC limit on drivers of a vehicle when they are on duty (for example, when driving a ride-sharing service (such as Uber or Lyft, taxi, or limousine). This consists of when the driver is carrying a paying passenger or logged into a service platform and ready to accept fares.
This per se limit indicates the increased responsibility of care that commercial passenger drivers are supposed to have. Conviction under this subsection may carry profound employment implications, such as dismissal or disqualification from such services for up to seven years.
VC 23152(f) – Driving under the influence of drugs
Section 23152(f) also makes it illegal to drive under the influence of any drug, whether illicit substances (such as cocaine or methamphetamine), prescription drugs (such as opioids, sedatives), or even over-the-counter medication, when that use affects the driver in a way that prevents them from operating a vehicle safely.
In contrast to alcohol-related crimes, drug impairment does not have a specified legal limit. Police use observational evidence and Drug Recognition Experts (DREs), who are specially trained to identify physical and behavioral symptoms of drug use. In drug-related DUIs, the results of a Drug Recognition Expert (DRE) evaluation often form the backbone of the prosecution.
VC 23152(g) – Aggravated Influence of Alcohol and Drugs
This subsection deals with impairment caused by the combination of alcohol and drugs. It acknowledges the synergistic effects of these substances, which can significantly increase impairment more than would be caused by either substance alone.
This charge can be sought by law enforcement when there are indications that a driver was under the concomitant influence of alcohol and drugs, which led to the inability to drive a vehicle safely. Prosecutors often pursue these cases aggressively due to the heightened risks associated with mixed-substance impairment.
California DUI Misdemeanor vs. Felony
Most of the first, second, or third DUI offenses in the last 10 years are misdemeanors, leading to punishments such as county jail, fines, and license suspension. There are, however, some aggravating circumstances that can raise a DUI to a felony, which has more severe consequences, such as potential state prison.
When a DUI Charge Becomes a Felony
- Fourth DUI in 10 Years: A fourth DUI (including some out-of-state and/or wet reckless convictions) is usually filed as a felony
- Prior Felony DUI Conviction: A subsequent DUI will automatically be a felony if you have a prior felony DUI, without any other aggravating circumstances
- DUI Injury or Death: DUI that causes serious injury or death can be prosecuted as a felony under Vehicle Code 23153 VC, depending on the circumstances and the prior record
- Child Endangerment: Driving under the influence with a minor in the car may result in felony child endangerment charges, particularly if the behavior was exceptionally hazardous
Since DUI is a priorable offense, the punishment is augmented with every conviction.
Types of DUI Cases Handled in Eagles Nest and Their Consequences
DUI offenses are taken seriously in Eagles Nest, California, and penalties increase significantly with each additional conviction. It is essential to understand the potential consequences and the legal process if you are charged with DUI.
First DUI
First DUI is most often a misdemeanor, and if you are convicted, it could lead to severe consequences. A judge could sentence you to 3 to 5 years of informal probation, typically 3 years or 96 hours to 6 months in jail; however, work release is often used.
The base fines for a first-time DUI are between $390 and $1,000, though court fees could be added, and the total is usually $1,500 to $2,000. The DMV or court may also suspend your driving license for up to 6 to 10 months. However, a first-time offender can be eligible to obtain a restricted or IID license.
You may also be required to undergo a 3-month program at a DUI school (9 months higher BAC). You will also be sentenced to install an ignition interlock device (IID) for up to 6 months unless you sign that you will not drive any vehicle for 6 months. You should also file for SR-22 Insurance with the DMV. You are also required to undergo a victim impact panel, which is a required class where people affected by drunk driving usually tell their stories.
Second DUI
The second DUI within 10 years is subject to even harsher punishment. A conviction could lead to 96 hours to 1 year, usually 90 days to 12 months, in jail. Fines of between 1,800 and 2,500 dollars. A 2-year suspension of your driving license and a restricted license after 1 year.
You also must complete an 18- or 30-month program (SB38/SB1344) in a DUI school. The judge may also grant you probation for up to three to five years.
A judge can issue an order for a continuous alcohol monitoring device through a SCRAM device. You must also install an IID in your vehicle. You must also file and keep an SR-22 insurance with increasing premiums.
A second DUI requires a strong and proactive legal defense. An experienced DUI defense attorney can question previous convictions, the arrest’s validity, and the evidence.
Third DUI and Its Penalties
The third DUI conviction within 10 years is the most severe misdemeanor punishment. The judge may sentence you to serve 120 days to 1 year in jail. Alternatives such as rehabilitation or house arrest may also be considered. You could also be asked to pay a fine of up to $2,500 to $3,000.
The judge may also revoke your driving license for up to 3 years, with a possible restricted license for up to 18 months. You must also attend a 30-month DUI school program. If granted, probation could last up to 3 to 5 years.
You must also install an IID in your vehicle. Another consequence is the requirement for the status of a habitual traffic offender (HTO) for up to 36 months. You must pay victim restitution if your victims experienced any damages or injuries.
Some aspects add to penalties:
- High BAC: 0.15 percent and above.
- Test Refusal: Causes longer suspension of the license and higher penalties
- Accident or Injury: May result in additional jail time and restitution
- Speeding: When you are going too fast during the DUI arrest, enhancements are made
- Child Passenger: DUI with a child passenger less than 14 years old is a jail sentence
- Underage Drivers: California has zero tolerance for drivers under 21
Any DUI in 10 years adds to the punishments, adding jail time, license suspension, education, and fines. This is aimed at preventing repeat offenses and must be acted upon legally.
Habitual Traffic Offender (HTO) Status
A fourth DUI within 10 years or a pattern of serious traffic violations while driving on a suspended license leads to HTO status. It takes 3 years and has the consequence of additional jail time and fines in case the individual drives during the term. HTO status transforms isolated offenses into a pattern of criminal behavior with ongoing legal implications. A reliable DUI defense lawyer is required to handle the present charges and the overall driving record.
California Felony DUI
Most DUIs are misdemeanors; however, there are several circumstances under which the offense may be charged as a felony.
What Happens When A DUI Is A Felony
Fourth DUI within 10 Years is an automatic felony.
- Injury or Death: In the event of serious injury or death as a result of DUI, the prosecutors can charge you with a felony under Vehicle Code 23153 VC
- Prior Felony DUI: A new DUI becomes a felony automatically, even many years after a felony DUI
- Child Endangerment: Driving under the influence with a child in the car may be charged as a felony, particularly when reckless driving is in play
Penalties of Felony DUI
A conviction for a felony DUI could lead to 16 months to 10 years in prison. The death penalty for DUI cases may attract 25 years to life. In extreme cases, your driver’s license may be revoked for a minimum of 4 years or permanently. You must also pay fines of up to $1,015 to $5,000 and assessments.
The judge may also sentence you to attend DUI School for up to 30 months. You must pay restitution if your victims experienced any injuries or damages due to your reckless driving.
A felony DUI is a strike under the California Three Strikes Law. A felony DUI can also lead to an HTO Status, which is frequently used in felony DUI convictions and for enhancing punishment in future offenses.
Legal DUI Defenses
Even though there is substantial evidence, DUI defendants in California possess several legal defenses. An experienced Eagles Nest DUI lawyer will scrutinize the arrest and evidence to find weaknesses in the case against you. Some of the defenses they may apply include the following:
False or Invalid Breath Test Results
Breathalyzers may give unreliable results because of improper calibration, maintenance, or malfunction. Strict procedures must be followed by traffic officers, such as watching the suspect for 15 minutes to keep out the effect of mouth alcohol that may distort results. BAC levels may also be falsely raised by medical conditions (such as acid reflux and diabetes) or diet. Test results may not be admissible unless the correct procedure is adhered to.
Increasing Blood Alcohol Content (BAC) Defense
With this defense, your DUI defense lawyer could argue that you were not above the legal limit while driving, and your BAC levels rose later because of continuous absorption of alcohol. Chemical tests can be conducted some time after the fact; this tactic asserts that you were not legally impaired while driving, despite the results of the later tests.
Insufficient Probable Cause to Stop Traffic
Police are required to make a stop with reasonable suspicion of a traffic violation or crime. If the stop is not legally justified, the evidence collected, including BAC results or field sobriety tests, may not be admissible in court. Driving recklessly is not enough evidence of DUI, and the charges can be dropped without justification.
Miranda Rights Violations
When in custody and police question you without reading your Miranda rights, any statements that incriminate you cannot be used as evidence. Although this cannot necessarily discount the case, it can severely undermine the prosecution’s argument.
Illegal DUI Checkpoints
The DUI checkpoints should adhere to the strict legal standards, such as notice to the population, signs, objective selection of vehicles, and supervisor control. Otherwise, evidence at the checkpoint can be suppressed.
Find a Skilled Eagles Nest DUI Attorney Near Me
The consequences of a DUI conviction may last for years and negatively impact your driver’s license, employment, and criminal record. To increase your chances of having your charges reduced, your penalties lightened, or even your case dismissed, you should consider hiring an experienced Eagles Nest DUI attorney. A competent attorney defends your rights and takes you through all the procedures, including DMV hearings. They also do their best to preserve your future driving privileges and job opportunities. If you are facing DUI charges in Eagles Nest, contact the San Diego DUI Attorney at 619-535-7150 to obtain legal advice, a solid defense plan, and committed representation that will fit your case.
