Buena

In California, in 2022, 1,479 people died in crashes because of DUI. With such statistics, the state treats DUI seriously. You commit a DUI (driving under the influence) in violation of Vehicle Code Section 23152 if you operate any vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while impaired by drugs.

If you are charged with DUI, it can lead to court proceedings. Your driving privileges could be suspended, and you could face criminal penalties if convicted. Similarly, these penalties can worsen if you have prior offenses or if your DUI caused an accident or injury. Being convicted of a DUI can also damage your reputation and finances. However, you can challenge the charges with the help of a DUI attorney.

If you are arrested for DUI in Buena, get in touch with us at the San Diego DUI Attorney for legal help.

California DUI Laws, BAC Limits, and Implied Consent

As a driver, you have a strict legal responsibility under California DUI laws. Vehicle Code Section 23152 makes it a crime to operate a vehicle while under the influence of alcohol, drugs, or both. The law applies whether you use illegal drugs, prescription medicines, or over-the-counter drugs that impair your ability to drive.

An officer could measure your blood alcohol concentration (BAC) to determine if you are over the legal limit. BAC can evaluate how much alcohol is in your system. If you are an adult driver, you are considered legally impaired if your BAC is 0.08% or higher. However, the limit goes down to 0.04% if you are a commercial driver. Your job has greater responsibility. Furthermore, according to California’s zero-tolerance policy, if you are an under-21 driver, your limit is 0.01%. That essentially means you cannot consume alcohol before driving.

Moreover, the state requires you to submit to chemical testing. Vehicle Code Section 23612 states that if you are arrested and a police officer reasonably believes you are driving under the influence, you consent to a breath, blood, or urine test. If you refuse, you face immediate consequences. If you refuse your first DUI test, your license will be suspended. In other words, you accept certain legal obligations by choosing to drive.

Every part of the DUI law acts together to reduce impaired driving. Ultimately, the goal is to prevent injuries and deaths related to this type of driving. Since the penalties for violations can include a fine, a suspension of their license, and incarceration, you must understand your legal duties.

The DUI Stop and Arrest Sequence

When a Buena police officer observes something odd, he/she will be reasonably suspicious and stop you. If you swerve, speed, run a red light, or violate the law, the police can stop you legally. Alternatively, the police officers could stop you at a Buena checkpoint. Vehicle Code Section 2814.2 permits these, which do not require individualized suspicion. An officer instantly assesses your behavior for signs of impairment, whether you are stopped at a checkpoint or observed directly.

Once stopped, you must show your driver’s license, registration, and proof of insurance. Beyond that, you have the right to remain silent. You can choose not to reply further, which could raise the officer’s suspicion. You can also refuse a vehicle search if the officer does not have probable cause or a warrant. You also have a right to have a Buena DUI attorney.

Implied consent laws govern roadside sobriety tests and preliminary breath tests. Even though you can refuse these tests, refusal may have legal implications for your DUI case down the line.

The officer will probably ask if you have had anything to drink or used drugs during the investigation. They will observe your responses and physical cues. If they believe you might be impaired, they could ask you to perform field sobriety tests or FSTs. These could include asking you to walk in a straight line or stand on one leg. These tests help assess balance, coordination, and focus. A handheld preliminary breath test (PBT) could follow. Though optional before arrest, the outcomes could be relevant to the officer’s decision.

In case the drunk driving evidence is sufficient, the officer will arrest you. Probable cause requires more than suspicion. It must be objectively reasonable. It must be based on demonstrable facts. Those demonstrable facts include arrest after an FST failure or arrest with a high PBT reading. After the arrest, they will handcuff you and take you to the testing facility or station. Officers will finish booking you, and if questioning continues, they must give a Miranda warning. California law requires you to undergo a formal chemical test, either a breath or blood test. Under Vehicle Code Section 23612, failure to submit to this test once arrested will automatically suspend your driving privilege.

Impairment Testing Through Field Sobriety and Chemical Analysis

The police employ two main techniques to check if you have been driving while drunk or under the influence of drugs:

• Field sobriety tests (FSTs)
• Chemical testing

Each method has legal requirements and differing degrees of evidentiary value in the courtroom. FSTs are voluntary and used as assessments only. However, if you are legally arrested for DUI, you must submit to a chemical test under the implied consent law. Field sobriety tests are supportive tests that the National Highway Traffic Safety Administration designed. They include:

• The Horizontal Gaze Nystagmus (HGN) tests
• The Walk-and-Turn tests
• The One-Leg Stand test

During the HGN test, the officer will ask you to follow a pen or light with your eyes. Not being able to move your eyes smoothly or involuntary jerking could be because of alcohol.

In the Walk-and-Turn test, a police officer requires the suspect to perform nine toe-to-heel steps on a painted line before turning and returning back along the painted line. Officers watch for messing up their steps, falling over, and failing to follow instructions.

On the other hand, the one-leg stand requires you to hold one foot six inches off the ground and count for 30 seconds. If you sway, hop, or put a foot down, you are likely intoxicated. Even though standardized, these tests are heavily dependent on officer opinion. Factors like anxiety, tiredness, medical issues, or uneven pavements can affect your performance even when sober.

If the officer suspects you may be under the influence of drugs or alcohol, he/she must first conduct a probable cause arrest. This probable cause arrest is outlined in Vehicle Code Section 23612. Under the state’s implied consent law, as pointed out earlier, if you drive on public streets, you consent to a chemical test in the event of arrest for DUI.

You could be required to submit breath, blood, or even urine tests. After being arrested, officers will use the Draeger Alcotest machine to analyze the BAC or the blood alcohol concentration from your breath. These tests are quick and easy but can be inaccurate in some circumstances. If the officers suspect you were under the influence of drugs or a breath test was unsuitable, the officers would require a blood sample. A blood test will give you an accurate reading of your BAC. It can also test for many other drug substances. Officers could opt to conduct a urine test when a breath test or blood collection is impossible.

If you refuse the required chemical test, you will face automatic penalties. If you refuse to take a breath test under Vehicle Code Section 13353 for the first time, your license will be suspended for one year. Further refusals could lead to a suspension for two to three years. However, Buena prosecutors can use your refusal against you as evidence of guilt.

Common Penalties for a Standard DUI Conviction

A first-time, non-aggravated misdemeanor under Vehicle Code Section 23152 is a standard DUI conviction; this result carries serious but predictable penalties.

A first conviction for DUI generally includes fines of between $390 and $1,000, plus court fees that can bump the total to nearly $2,000. Most first-time offenders will not serve a lengthy jail term. Though you can get a six-month sentence, the first-time offender usually receives only 48 hours to a few days, if anything. The DUI education classes are 3 to 9 months long and can cost from $500 to $1,000. Courts usually opt for these programs to do everything possible so that another driver does not repeat this mistake. Furthermore, if you receive probation, it will last for 3 to 5 years. During that time, you must stay sober, agree to random drug and alcohol tests, and not break any laws.

Many states include license suspension as one of the significant penalties. California’s Department of Motor Vehicles (DMV) suspends your license for six months for a first DUI offense. Under Senate Bill 1046, you may be eligible for a restricted license after 30 days if you install an ignition interlock device in your vehicle. You can drive for essential purposes like work or medical appointments, but strict limitations apply.

Different DUI Crime Classifications

DUI charges can escalate beyond a simple misdemeanor in some circumstances. A baseline DUI is a misdemeanor that is usually applied to first-time offenders. This is where the driver has a BAC of 0.08% or higher without any injuries or other aggravating factors. There are charges for DUI that are not all treated the same. A DUI charge often depends on the facts of the arrest. They could result in enhanced penalties or the offense being classified as a felony.

• When your blood alcohol content (BAC) is 0.15% or higher, you could face aggravated DUI charges under Vehicle Code Section 23578. Having a BAC of 0.15% or higher doubles the penalties.
• DUI charges involving a passenger aged 14 or younger result in mandatory additional jail time under Vehicle Code Section 23572.
• If you are a repeat DUI offender, the law is not going to be too lenient on you. A 4th offense in 10 years will result in a felony conviction under VC Section 23550.
• An injury DUI offense may be charged as a misdemeanor or felony under Vehicle Code Section 23153. On the other hand, a DUI that involves death may be charged under Penal Code Section 191.5. When a DUI hurts someone, prosecutors can pursue felony charges. For a felony charge under Vehicle Code Section 23153, the evidence must show impairment and causation. If a DUI causes vehicular assault or vehicular manslaughter, you could be charged under Penal Code Section 191.5 or 192. This carries the possibility of a prison sentence of 4 to 10 years or more. The longer-term sentencing is likely if you are a repeat offender.
• Underage drivers are subject to zero-tolerance policies under Vehicle Code Section 23136, which means that a BAC as low as 0.01% can result in a driver’s license suspension.
• Commercial drivers have a lower BAC limit (0.04%) under Vehicle Code Section 23152(d). If convicted, they could face a one-year license disqualification. The law requires greater care from commercial drivers to ensure public safety.

Potential Legal Defenses Against DUI Charges

Buena DUI arrests do not automatically mean you will be convicted. You have several legal defenses available that can challenge the charge. Which one works best will depend on the proof and the arrest details. It is important to work with an experienced Buena DUI lawyer as various defenses can challenge the charge. Some of the defenses include the following:

Challenging the Legality of the Traffic Stop or Arrest

A common defense is to dispute the legality of the traffic stop or arrest. If the officer had no reasonable suspicion to initiate the stop, like witnessing a traffic violation or erratic driving, it could translate into an illegal traffic stop. Likewise, if the officer did not have probable cause to make the arrest, this could be a defense to the DUI charges.

Improper Administration of Field Sobriety Tests (FSTs)

Another defense pertains to the erroneous administration of FSTs. These tests need clear instructions and the right conditions to work. Some actions by the officer could negate the results of the tests, such as:

• If the officer failed to follow proper procedures
• If the officer used non-standardized tests
• A physical or medical condition, injury, age, or condition like diabetes hampered your performance on the tests

Challenges to Chemical Tests

Chemical tests also present defense opportunities. Due to improper calibration or maintenance, a breathalyzer could malfunction, calling into question the accuracy of the test results. When drug blood tests are involved, issues over the chain of custody, improper blood draws, or contamination could bring the results into question.

A rising blood alcohol defense will argue that your blood alcohol concentration was below 0.08% when you were driving but rose after that because of your body’s absorption process, which will be supported by timing evidence.

Subjective Officer Observations

Apart from questioning the tests, conclusions made by the police officer, like slurred speech or the existence of bloodshot eyes, are subjective. If there are other reasons for your behavior, you have grounds to challenge the DUI charges. This could include fatigue, allergies, or another health issue.

Police Procedural Errors

Procedural errors provide another defense angle. If the police violated your rights, for example, by failing to:

• Give a Miranda warning during custodial interrogation
• Follow proper paperwork and discovery procedures

If this is evident in your case, the judge could dismiss the charges due to these errors.

Affirmative Defenses

It is also possible, in rare cases, to raise the affirmative defense of necessity. For example, you attempted to drive to avoid greater harm, or you were involuntarily intoxicated ,like having your drink spiked with alcohol or drugs. However, these defenses require strong evidence.

The Impact of a DUI Conviction

A DUI conviction has serious consequences that can affect many areas of your life, from your finances to your relationships. The standard car insurance premiums rise to about double the rate. You risk paying more than $2,000 to $4,000 a year. Adding an SR-22 certificate to prove you have high-risk coverage adds $20 to $50 a month for three years. Eventually, these expenses can add up quickly. When you combine that with your legal fees of about $2,000 to $5,000, DUI education classes that could cost about $500 to $1,000, and IID costs that range from $800 to $1,500 per year, you could be looking at a total of more than $10,000.

A DUI charge can hurt your professional life beyond the financial strain. If you have a DUI record, it could show up in background checks and can hinder your employment and job opportunities. The consequences also include travel bans, like a 10-year prohibition for DUI convicts, unless you can prove rehabilitation. Likewise, your college applications or scholarships could be rejected because of your criminal record.

The social downside of a DUI conviction is that your family members and friends lose trust in your judgment and ability to be responsible. The social repercussions could last long after the trial and continue to affect your personal life.

License Reinstatement and Compliance Requirements

Usually, with a first-time DUI conviction, your driver’s license is suspended for six months, but there are conditions to reinstate driving privileges. To have your license reinstated, you have to:

• Complete DUI education
• Pay a $125 DMV fee
• File the SR-22 with your insurance company
• Install an ignition interlock device (IID) on whichever vehicle you drive if the judge requires it. The IID will require you to submit a breath sample before you start your car.

Find a Buena DUI Attorney Near Me

DUI charges can overwhelm any individual, given the complex laws and severe penalties. The offense carries penalties that could translate into a suspended driving license, increased insurance rates, job risks, and more. The understanding required to challenge evidence, defend your case, and reinstate your license requires an experienced Buena DUI attorney. He/she will examine the specifics of your case, from challenging the probable cause of your arrest to showcasing any inaccuracies in the breathalyzer.

If you are charged with DUI, contact the San Diego DUI Attorney. We can assist you in challenging the charges so that you can minimize their effects on your life. Contact us at 619-535-7150 for a free case evaluation.