A DUI charge can take your freedom away. A DUI is not just a simple violation. A conviction can result in jail time, substantial fines, license suspension, and the requirement to install an Ignition Interlock Device (IID). After an arrest, you have ten days to request a DMV hearing to protect your driver’s license. You need an expert defense during this complicated, two-front legal battle (Criminal Court and DMV).
If you are charged with driving under the influence (DUI) in Carlsbad, call the San Diego DUI Attorney for assistance. We will work closely with you to thoroughly review every aspect of your case and work to minimize the damage.
The Legal Landscape of DUI
A driving under the influence charge has a complex legal definition that goes well beyond blood alcohol content (BAC). The most widely known standard is the “per se” law. According to the law Vehicle Code § 23152(b), it is illegal for any driver over the age of 21 with a blood alcohol content (BAC) of .08% or more to operate a vehicle. If you have a BAC of 0.08% or more, you are considered to be legally intoxicated, and it is enough to convict you for DUI. Nonetheless, the law is a lot stricter for some groups. Specifically:
- Commercial drivers, who should not operate a vehicle with a BAC of 0.04% or higher (Vehicle Code §23152(d))
- Drivers under 21, who are prohibited from driving with a BAC of 0.01% or higher under California’s zero-tolerance law (Vehicle Code §23136)
California law has a second, separate charge: driving while impaired (VC § 23152(a)). A driver may be convicted even if their BAC is less than the 0.08% threshold. The state must establish whether the alcohol or the drugs taken impaired the driver’s physical or mental faculties so that he/she could no longer control the vehicle with the ordinary care of a sober person. Officers use field sobriety tests (FSTs) and their observations to prove the driver was intoxicated enough not to drive.
The definition of control means you are not required to be seen driving, in a physical sense. Even if you are in a parked vehicle, you can still be charged with DUI if you are parked on the shoulder or asleep in your car and your keys are in the ignition with the ability to make the car move. You can still be deemed to have actual physical control.
What Happens During a DUI Traffic Stop
A DUI traffic stop usually follows a predictable and escalating procedure. The officer will first ask for your license, registration, and proof of insurance. At this point, the officer will gather information on your dispositions, including speech and the presence of any odor that they can document as “probable cause.”
Most importantly, you do not have to answer any questions about where you were, what you drank, or when you last slept. You can choose not to answer the questions and ask for a lawyer. This is your constitutional right under the Fifth Amendment. Just state, “I choose to remain silent and would like to speak to my attorney.”
Next, the police officer would likely ask you to submit to a Field Sobriety Test (FSTs) and/or give you a Preliminary Alcohol Screening (PAS) test on a handheld breathalyzer. For drivers over 21 who are not on probation, the FSTs and the PAS test are voluntary. Since they are subjective and designed to detect impairment under ideal conditions, it is best to politely decline them.
If the officer believes there is enough probable cause, you will be arrested. At the station, the law changes. The moment you drive on public roadways in California, you have already consented to a post-arrest chemical test (blood or breath). If you refuse this test after being arrested, the DMV will automatically suspend your license for one year, regardless of the outcome of your criminal case.
If you have been pulled over by the Carlsbad Police Department or the CHP, it is helpful to know this process. Seeking expert legal help right after being arrested is the only way to challenge the probable cause for the stop, the legality of the tests and to protect your license at the 10-day DMV hearing.
Booking, Bail, and the DMV’s Role
Being arrested triggers two primary legal actions:
- The criminal case in court
- The administrative action at the DMV
After you are arrested, you will be taken to the police station or county jail to be booked. This is the administrative process of officially documenting your custody and involves key steps:
- Once officers take your fingerprints, they take a booking photo (“mugshot”), which is part of your arrest record
- Your personal property, that is, phone, wallet, jewelry, and keys, seized, inventoried, and held for safekeeping until your release
- In some cases, your vehicle may be impounded, particularly if you were driving without a license or have a history of prior offenses. This comes with substantial tow and storage fees
- If you did not receive a breath test at the station, a blood test will be taken to confirm your exact BAC for the criminal case.
After booking, depending on the level of impairment and behavior, you may be held for several hours before being released. Release options include:
- Bail — This is a financial guarantee that you will appear for all future court dates. The bail is typically set according to the San Diego County bail schedule. You can pay the whole amount, or a bail bonds company can pay the amount in return for a 10% non-refundable premium.
- Own recognizance release (O.R.) — If the DUI charge is a first-time charge without any injuries involved, then an officer or magistrate may authorize the release of the person, without bail, based on O.R. This release is based on your promise to appear in court.
The Critical DMV Administrative Per Se (APS) Action
The DMV will begin a separate administrative action against you to suspend your driver’s license, independent of the court case. This is known as the Administrative Per Se (APS) hearing.
If you were arrested, then the officer probably took your physical license from you and gave you a pink “Notice of Suspension” form (DS-367). This is a temporary license that will remain valid for 30 days.
You only have 10 calendar days from your arrest date to contact the local DMV Driver Safety Office to request an APS hearing involving your arrest. If you do not meet this 10-day deadline, your license may be suspended starting on the 31st day. If you want to fight the administrative license suspension, you must do it at this hearing. A Carlsbad DUI lawyer can handle both the criminal arraignment (first court date) and the DMV hearing.
Understanding Court Proceedings: Arraignment, Pre-Trial, and DUI Plea Bargains
After the first arrest and the quick DMV action, the defendants are put through the court system. The next phase involves required hearings, motions, and negotiations that aim to settle the case without the uncertainty of a jury trial. To build a strong defense, it is crucial to understand the process from first appearance to final disposition.
The Arraignment
The DUI court process officially begins with arraignment, which is your first compulsory court appearance before a judge. At this hearing, the court informs you of the charges the district attorney has filed against you. You will also be notified of your rights under the Constitution, including the right to an attorney. You, thereafter, must take a plea.
Oftentimes, a guilty or no-contest plea will result in the case being sent directly to sentencing. However, when people do contest the charges, they almost always choose not guilty. By submitting this plea, you officially deny the prosecution’s allegations, and therefore, the entire matter is set on a compulsory course towards pre-trial proceedings.
Discovery and Motion Phase
After a not-guilty plea, the case proceeds to the discovery and motion phase, allowing both parties to prepare for trial. “Discovery” refers to the formal, compulsory mechanism that requires the prosecution to make available to your defense attorney all evidence against you. This could include:
- Police reports
- Video footage
- Chemical test results
This is done to enable the defense to assess the legal merits of the case. At the same time, your Carlsbad DUI defense lawyer will be filing legal motions to try to have that evidence ruled inadmissible or the arrest unlawful. The most powerful tool in this situation is the Motion to Suppress Evidence. If your attorney is successful, the judge will refuse to allow key evidence, like the BAC reading, into court. This is typically possible if the police obtained the evidence in violation of your Fourth Amendment rights. Further, this will often impede the prosecution’s ability to proceed with the case.
DUI Plea Bargains
Most of the time, the pre-trial work puts a DUI case in a much better position for a plea bargain, which is a resolution to the case that is negotiated, initiated, and structured by the defense attorney and the prosecutor.
In plea bargain agreements, as the defendant, you agree to plead guilty or no contest in return for some guaranteed concessions. These concessions usually involve:
- A charge reduction, where a person pleads to a lesser charge, like wet reckless or dry reckless
- A sentence reduction
In the sentence reduction, you plead to the original DUI charge but are guaranteed a minimum sentence. The benefit of this is that there will be no risk of a harsher penalty being imposed by the jury or judge at trial.
The plea bargain’s availability and terms depend entirely on the particulars of the offense, which affects the amount of leverage you have. The prosecution could have a weak case, for example, because the breathalyzer was not properly calibrated, there were procedural violations during the traffic stop, or witnesses were not reliable or credible.
In this case, you have leverage to negotiate a good deal to avoid jail time or a conviction. On the other hand, when your case involves aggravating factors, the case against you becomes much stronger. Some aggravating factors include:
- A high blood alcohol content
- You caused an accident that hurt someone
- You have a prior DUI conviction
As a result, the prosecutor’s leverage to reduce charges goes down dramatically. Consequently, securing a less severe charge becomes much harder, making it much more likely that a plea negotiation will focus on concessions regarding the sentence instead.
Penalties and Long-Term Consequences of a DUI Conviction
When you are charged with a DUI, a conviction escalates penalties with each offense. The consequences of each are felt for years after you are charged. These punishments aim to prevent recidivism and protect public safety.
Immediate Legal Penalties by Offense
If you are charged and convicted for driving under the influence, penalties are based on the number of past offenses you have had within a standard look-back period, which is usually 10 years.
- First offense — A first offense is a serious matter, usually carrying a jail sentence of a minimum of 48 hours and a maximum of 6 months (which is often suspended in favor of probation). Most fines and assessments are about $1,500 to $2,500. Your driver’s license will be suspended for 4 to 6 months. However, it is typically immediately restricted, requiring the installation of an IID. You will also be subject to 3 to 5 years of probation and required enrollment in DUI school for 3 to 9 months.
- Second offense — When you are arrested for driving under the influence for a second time, the punishment will be much more severe. It is common for the punishment to include jail time. Often, the minimum sentence is 96 hours, with a maximum jail time of 1 year. Total financial costs can easily exceed $3,000. The period of license suspension is substantially raised to 1 to 2 years. Requirements are more demanding. This includes being required to remain on probation for 3 to 5 years, installing an IID for one or more years, and attending a DUI school lasting 18 to 30 months.
- Third offense — A third offense can result in mandatory jail time, ranging from 120 days to 1 year. Fines reach the highest end of the misdemeanor range. The driver faces a 3-year license revocation. For a third offense, you need to complete the longest DUI school program. This is more than 30 months long and will also require strict probation. Furthermore, you will have an IID requirement of 2 years or more.
- Felony DUI — The most serious DUI charge involves injury or death, or a fourth-offense DUI charge, which is prosecuted as a felony. You could receive a state prison sentence of 16 months or several years. This may also include huge restitution orders in favor of the victims. Your license may be revoked temporarily or forever by the authorities, and you may be labelled as a convicted felon for life.
The Administrative Per Se Action
Alongside the court case, the DMV begins its own separate APS action. This process kicks in just from the arrest, either for driving with a BAC of 0.08% or greater or for refusing a chemical test. If you do not successfully challenge this suspension at an APS hearing (which must be requested within a strict 10 days), your license will be automatically suspended and wholly separate from any vehicle-related criminal penalty. If you do not take a chemical test, you will automatically receive a one-year suspension.
Long-Term and Collateral Consequences
A DUI conviction carries significant consequences over the long run, not just legal ones.
- Financial strain — Drivers charged and convicted of driving under the influence are “high-risk” drivers, and insurance companies require them to obtain an SR-22 certificate of financial responsibility. Auto insurance premiums could face a significant increase after an accident. The costs can easily triple over the years.
- Employment difficulties — Having a DUI record can present significant obstacles in terms of finding employment. Many jobs will not hire someone with a criminal record, especially those that require driving, operating sensitive equipment, or obtaining a security clearance. Moreover, many professional licenses, like those issued to medical doctors, lawyers, and financial advisers or accountants, are unattainable for someone with a DUI. In Carlsbad, roles are often subjected to extensive vetting, which can be a fatal obstacle.
- Professional licenses — A DUI arrest can impact professional licenses. Boards that regulate professions are notified of these convictions and may take disciplinary actions. Actions taken include mandated rehabilitation, suspension, or complete revocation of the license. Any of these actions stops the career altogether.
- Travel restrictions — Many places, especially in Canada, have strict mandated rehabilitation, suspension, or complete revocation. Any of these actions stops the career altogether.
- Travel restrictions — Many places, especially Canada, have strict policies that can limit the entry of people with a criminal record, including those with a DUI conviction, making business or travel difficult for an indefinite period.
- Ignition Interlock Devices (IID) — It refers to a device that is programmed to disable the vehicle from driving unless no alcohol is detected in the driver’s odor when he/she blows into the device. The device utilizes the same technology as a typical alcohol breath-testing machine.
A DUI conviction can have serious consequences that go beyond a mere hiccup in your life. In fact, it can result in a permanent criminal record that requires ongoing, long-term management.
Find a DUI Attorney Near Me
A DUI conviction is problematic. A DUI conviction is far more than a fine or inconvenience. It becomes a permanent record. It also has a significant impact on one’s job, financial situation, and personal freedom. Protect your future by engaging the San Diego DUI Attorney team. Contact us today at 619-535-7150 for a confidential consultation.
