A DUI arrest is a serious matter, as California has some of the strictest laws in the nation. The consequences can be life-changing, including fines, jail time, and even driver’s license loss. Whether it is your first or second DUI, it is a criminal charge that can affect your freedom, finances, and employment for years to come.
If you face DUI charges in Campo, contact the San Diego DUI Attorney today for a free consultation. Our team is committed to defending your rights and will work to build a solid defense. But first, let us look at some of the key issues you should know about driving under the influence (DUI).
Understanding “Per Se” Laws
California DUI laws are a cornerstone of road safety, designed to hold impaired drivers accountable and prevent further offenses. The legal framework is primarily defined by two crucial sections of the California Vehicle Code, which establish distinct pathways to a DUI conviction:
The “Per Se” Law Under CVC 23152(b)
The term “per se” means “by itself,” which reflects the nature of this law. It is a legal provision that automatically makes it a crime to drive a motor vehicle with a blood alcohol concentration (BAC) of 0.08% and above. The prosecution does not necessarily have to show that your driving was indeed impaired; you only need to have a BAC at or above the legal limit for a conviction. This objective criterion was created to simplify the prosecution of drunk driving cases and eliminate the necessity to use subjective observations of impairment that were traditionally hard to substantiate in court.
The Impairment Rule Under CVC 23152(a)
This part of the code criminalizes driving under the influence of any alcoholic beverage. When alcohol impairs your physical or mental abilities to the point that you cannot drive with the caution of a sober person. This legislation is essential since it can warrant a conviction of a DUI despite a BAC below the 0.08 figure.
For example, when a driver has a BAC reading of 0.06% but he/she weaves through lanes, does not stop at a red light, or has other noticeable signs of intoxication, a prosecutor can secure a conviction under this section.
In almost all DUI cases that deal with alcohol, prosecutors often file charges under both sections of the law to increase their likelihood of a conviction. However, you can be convicted of only one instance of the DUI crime.
How Blood Alcohol Content (BAC) is Measured
BAC is the central factor in most DUI cases, and officers use various tests to measure it. The initial exam you may be subjected to at the traffic stop is the Preliminary Alcohol Screening (PAS) test. This involves using a handheld breathalyzer that gives an officer a preliminary, rough estimate of his/her BAC. Although it will assist an officer in determining probable cause to arrest you on suspicion of driving under the influence, it is worth noting that this event is optional when dealing with drivers above 21 years and not under probation. Nonetheless, refusing the PAS test can still lead to arrest if the officer observes other signs of impairment.
After a lawful arrest, the state’s implied consent law comes into effect, meaning you must submit to a more precise evidentiary chemical test. You will typically have a choice of a breath test or a blood test, and a urine test is only available under certain conditions. A larger and more advanced machine, the Intoxilyzer 8000, is used to administer the breath test at the police station. It is non-invasive and has a fast outcome. However, its accuracy may be questioned, depending on factors such as:
- Calibration errors
- Certain medical conditions
- Residual substances in the mouth
On the other hand, the blood test is widely regarded as the most accurate procedure. It involves a blood sample taken by a licensed medical worker in a hospital or a clinic and forwarded to a laboratory to be analyzed in detail. One of the significant advantages of a blood test is that the sample is preserved. Thus, your DUI defense attorney can order an independent retest at a private lab. This may be a crucial aspect of a defense policy, since any difference between the original and retested sample may put the evidence presented by the prosecution in question.
California’s Implied Consent Law
DUI prosecution is based not only on driving behavior but also on legal obligations after arrest. It also depends on the law and what you should do once you are lawfully stopped and arrested. It is governed by the crucial concept of “implied consent,” as defined in Vehicle Code 23612. According to the law, when you hold a California driver’s license and are driving a motor vehicle on a public highway, you have already consented to undergo a chemical test, either a blood test or a breath test, if you are lawfully arrested on suspicion of DUI. It is a potent legal tool in the hands of law enforcement since no warrant is required to take a sample of your blood or breath. This is one of the crucial differences you should understand: this consent applies only after a lawful arrest, not during a preliminary roadside stop.
There are serious and immediate consequences that come with the refusal of this post-arrest chemical test, whether or not you end up guilty of the charge of DUI. In the implied consent law (CVC 23612), the denial will trigger a firm, automatic suspension of your driving license by the Department of Motor Vehicles (DMV). For a first-time refusal DUI case, this suspension is one year with no chance to secure a restricted license. This means you cannot drive to work, school, or any other purpose, which can be more disruptive than criminal punishment. The administrative suspension of the DMV is independent of the punishment that the criminal court system will impose.
Furthermore, a prosecutor can use your refusal as evidence of “consciousness of guilt” in your criminal case. They will argue that since you refused to take the test, you knew that you were drunk, and therefore, making a conviction likely.
This two-pronged attack on your driving privileges and your criminal case is aimed at highlighting the gravity of a refusal and the necessity to find professional legal advice as soon as possible after a DUI arrest.
Zero Tolerance and Commercial Driver DUI Rules
Specific DUI laws apply to certain categories of drivers and hold them to standards far more stringent than those of the masses. These laws, commonly known as “special DUI categories,” aim to protect vulnerable groups and achieve elevated road safety. They include:
Zero Tolerance for Under-21 21 Drivers
California has a zero-tolerance policy towards anyone below 21, as codified under Vehicle Code, Section 23136. This law applies to drivers under 21 who operate a vehicle with a Blood Alcohol Concentration (BAC) of 0.01% or above. This is a sharp difference from the 0.08% limit among adult drivers. The rationale behind this is simple: minors should not drink alcohol, as it is illegal, and therefore, should not drive with any alcohol in their system. This applies even if the driver shows no signs of impairment.
Violating this law is not a criminal offense but a civil penalty for a first-time violation. It usually leads to a mandatory one-year license suspension by the DMV and can have lasting consequences on their driving record.
Stricter Standards for Commercial Drivers
Commercial drivers are held to stricter standards, as the kind of work they do and the possible consequences of their actions are disastrous. Under the Vehicle Code Section 23152(d), anyone, irrespective of age, who drives a commercial vehicle is subject to a much lower limit of BAC of 0.04%. This involves huge trucks, buses, and vehicles carrying dangerous material.
A DUI conviction of a commercial driver at this lower limit of DUI may be career-ending because, in most instances, it results in a one-year suspension of your Commercial Driver’s License (CDL), whether you were driving a commercial truck or your personal vehicle at that point when you were arrested. The second conviction will result in you losing your CDL permanently.
DUI Probation
If you have a prior DUI conviction and are now on probation, the law imposes a special condition in Vehicle Code Section 23154. You are not allowed to drive a car with a BAC of 0.01% or above as one of the terms of your probation. This very, very low limit, like the zero-tolerance law on minors, is a powerful deterrent to recidivism. Any breach of this may result in an arrest and a violation of your probation, resulting in new criminal charges and other punishments, including a suspended license and jail time.
The DUI Process From Arrest to Appeals
The criminal justice system can be overwhelming, with multiple steps following a DUI arrest. Every step has its rules, targets, and deadlines, which are critical.
Arrest, Booking, and Arraignment
The legal process for a DUI begins the moment you are placed under arrest. The officer should be able to do this based on probable cause, usually based on:
- Observations of erratic driving
- Your performance on field sobriety tests
- A preliminary alcohol screening (PAS) test result
After the arrest, the booking process occurs in a police station or jail. This administrative process includes taking your fingerprints and mugshot, gathering your personal details, and having a more precise breath or blood test to establish your official Blood Alcohol Concentration (BAC). Once booking is complete, you are detained for several hours until you are sober enough to be released on your own recognizance or after posting bail. You will then be given a date for your first court appearance.
This initial court session is referred to as the arraignment. It is the proper commencement of your criminal case in the court system and a critical juncture. During the arraignment, the charges against you are officially read out by the prosecutor, and your constitutional rights, including the right to an attorney, are made known to you. A judge will also address the issue of bail, whether you:
- Need to post money to secure your release
- Can be released on your own recognizance
Although you can plead guilty, not guilty, or no contest, an experienced Campo DUI attorney will recommend pleading not guilty. This plea protects your rights and gives your attorney time to review the evidence, formulate a defense strategy, and start negotiating with the prosecutor.
An experienced Campo DUI attorney can often handle the arraignment on your behalf, so you do not have to appear in court. At this point, the prosecutor will also hand over “discovery,” the evidence against you through police reports, test results, and any video evidence, which your attorney will carefully examine.
The Preliminary Hearing and Trial
The DUI case litigation becomes more complex and more intense when it goes beyond the arraignment, especially in felony DUI cases. This intensification usually entails two phases:
- The preliminary hearing
- The trial itself
The Preliminary Hearing
A preliminary hearing is a critical mini-trial only conducted in DUI felony cases. The only aim of this hearing is to determine whether there is sufficient probable cause that a crime was committed and the defendant committed the crime, unlike a trial, where the guilt or innocence of the defendant will be established. This is a far lesser burden of proof than the “beyond a reasonable doubt” threshold.
During this hearing, the prosecutor presents his/her primary evidence, usually in the form of a testimony of police officers, and a skilled Campo DUI attorney can use this opportunity to challenge the evidence. During the preliminary hearing, your attorney can cross-examine the state’s witnesses, which is a powerful tool to:
- Expose inconsistencies
- Challenge the validity of evidence
- Highlight procedural errors made by law enforcement
The information and witness testimony obtained at this stage are priceless in preparing a better defense since they can be used to further claim or even impeach a witness in court or reinforce dismissal claims. If the judge finds sufficient probable cause, the case will be scheduled for a full trial. If the judge finds insufficient probable cause, charges may be dismissed. Otherwise, the case proceeds to trial.
The Trial
The case goes to trial if a plea agreement cannot be reached or the defendant opts to fight the charge. It is the official and adversarial battle by which a jury (or a judge, in case the jury trial is waived) will determine the case’s outcome.
The trial process starts with the jury selection, during which both the prosecution and the defense attorneys interview prospective jurors to ensure they find a fair and non-biased jury panel. The trial then continues with the opening statements, presentation of evidence by both parties, and closing arguments. The most significant principle at trial is the burden of proof on the prosecutor. The state must prove guilt beyond a reasonable doubt. This is the highest standard of proof in the legal system, meaning the jury must be almost entirely sure of your guilt. Your defense attorney’s role is to:
- Provide evidence
- Challenge the prosecution’s witnesses
- Argue that the state’s case is not strong enough to meet this high standard
The Appeals Process
A DUI conviction does not mean you have no legal alternatives to the appeals process. It is important to realize that the appeal differs from the trial. The appeal is not a second trial. You can offer no new evidence. The point of an appeal is not to retry the facts of the case or persuade a new judge that you were innocent. Instead, an appellate court will only consider the trial court record to ascertain whether any material legal errors influenced the case’s outcome. The appeals court will consider the trial documents, motions, and evidence to determine whether the law was applied appropriately.
Common legal errors that could serve as grounds for a DUI appeal include:
- Unconstitutionally admitted evidence — The trial judge admitted evidence that was not supposed to be admitted, including illegally obtained breath and blood tests or statements by the accused without the appropriate Miranda warnings
- Procedural error — The court or the prosecutor committed a significant error at the trial, including improper jury instructions or prosecutorial misconduct
- Ineffective assistance of counsel — Your trial attorney’s performance was so deficient that you were deprived of your constitutional right to a fair trial
When the appellate court finds a significant legal mistake, it can reverse the conviction, and in certain instances, it might grant a new trial. It is a very technical process that demands meeting strict deadlines and requires thorough knowledge of the procedures of the appellate and the law. This is why it is a complex procedure that should be dealt with by a professional Campo DUI attorney with particular experience with appeals, as it is a different legal practice than a trial defense.
Find a DUI Attorney Near Me
DUI is not a simple traffic offense. It is a criminal offense with complex laws and grave penalties that can impact your life many years later. From the moment of your arrest, every decision you make can significantly affect the outcome of your case. If you are facing DUI charges in Campo, contact the San Diego DUI Attorney for a free consultation, and let our experienced team build the strong defense you need to protect your future. Contact us at 619-535-7150.
