If you are charged with a DUI, you could lose your license, your freedom, and your future. If convicted, you might be required to pay hefty fines, enroll and complete DUI education, spend time in jail, and use ignition interlock devices in your vehicle. To mitigate the consequences of a DUI charge, it is best to seek legal help as soon as possible. The San Diego DUI Attorney team in Casa de Oro-Mount Helix is ready to assess your case and begin your defense.
First, let us look at what a DUI offense entails and how you can deal with it.
What Constitutes a Driving Under the Influence (DUI) Offense?
California laws on driving under the influence (DUI) are some of the toughest in the nation to keep people from driving while intoxicated. The main sections of the Vehicle Code, primarily VC 23152(a), make it an offense for anyone to drive while intoxicated by alcohol, drugs, or both. Even if the blood alcohol content (BAC) is under the legal limit, you could still be charged with DUI if you are unable to drive safely.
Moreover, VC 23152(b) establishes the “per se” law. Driving with a BAC of 0.08% or greater is illegal, regardless of whether you are impaired.
The BAC limit differs for adult drivers and minors and varies for different vehicles. The limit for drivers over 21 years old is 0.08%. However, because of their professional duties, people with commercial driver’s licenses are allowed a maximum blood alcohol concentration of 0.04%. Furthermore, the law applies a strict zero tolerance policy for drivers who are under 21, so having a BAC of 0.01% or higher is a DUI offense. This strict policy shows the state’s dedication to stopping young people from drinking and driving.
Many people overlook the implied consent law. Everyone who receives a driver’s license agrees to submit to a chemical test (blood, breath, or urine) if arrested for driving under the influence. Failing to submit to a blood alcohol test can result in a one-year license suspension, regardless of the court outcome. For this reason, anyone driving in the state must be aware of the detailed laws, including the rules for vehicle codes and blood alcohol limits.
What Happens During a DUI Arrest in Casa de Oro-Mount Helix
In Casa de Oro-Mount Helix, a DUI arrest is often triggered when a police officer observes a driver failing to follow traffic rules or driving suspiciously, such as:
- Weaving across lanes
- Braking suddenly
- Going much slower than the rest of the traffic
When an officer pulls you over, they will walk up to your vehicle and check for common symptoms of being intoxicated, among them dilated pupils, slurred speech, alcohol smell, or trouble handling documents. Usually, the first observations help the officer determine whether the driver might be impaired by alcohol.
After these observations, the officer will probably have you do a set of Field Sobriety Tests (FSTs). Standardized tests, specifically the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand, are meant to measure your balance, coordination, and ability to follow directions, which can all be impacted by impairment. While these tests are presented as mandatory, FSTs are voluntary. Just like with FSTs, drivers over 21 without a prior DUI on probation usually have the choice to take a Preliminary Alcohol Screening (PAS) test. However, if the officer sees other signs of impairment and you refuse to submit to a PAS test, it will lead the officer to believe there is probable cause for an arrest.
If the officer feels there is sufficient reason for an arrest, they will make the formal arrest for DUI. The officer should read you your Miranda rights, which are:
- Your right to remain silent
- Your right to have an attorney present if they intend to conduct a custodial interrogation
Following the arrest, you will be delivered to a local Casa de Oro-Mount Helix detention facility, where you will submit to tests for alcohol. Failing to take a post-arrest chemical test can result in your driver’s license being suspended immediately, even if you are not found guilty of DUI.
When the chemical test is done, you will be taken for booking. It is here where officers will take your fingerprints, take your mugshot, and carefully search both you and your belongings. At this point, the vehicle being driven may be impounded, leading you to pay for towing and storage. A bail amount will be set after booking, and you can choose to post bail to leave or remain in jail until your arraignment.
Navigating the DMV Administrative Hearings and the Criminal Court Proceedings in Casa de Oro-Mount Helix
When you are arrested for DUI in Casa de Oro-Mount Helix, you will be subject to an administrative case with the Department of Motor Vehicles (DMV) and a court trial. Both proceedings are different, with their own rules, timeframes, and outcomes.
An administrative per se (APS) hearing at the DMV deals only with your driving rights. When you are arrested for DUI, the officer usually takes your license and gives you a “Notice of Suspension,” and this notice is your temporary license for 30 days. Importantly, you have 10 calendar days after your arrest to contact the DMV Driver Safety Office and request a hearing about your license’s automatic suspension.
If you do not act within the set time, your license will be suspended automatically 30 days after your arrest, regardless of the outcome of your criminal case. At the DMV hearing, the issues are generally only about whether:
- The officer had reasonable cause to suspect DUI
- Your arrest was legal
- If your BAC was 0.08% or higher (0.01% for minors or 0.04% for commercial drivers)
The hearing officer could set aside your suspension or uphold it.
While going through the DMV process, you will also be charged in court with criminal offenses. DUI arrests from the Casa de Oro-Mount Helix area are usually handled at the El Cajon Courthouse. At the arraignment, you will be formally accused and have to enter a plea: guilty, not guilty, or no contest. Having a Casa de Oro-Mount Helix DUI attorney at this point allows you to make the best choice about how you will plead.
Usually, once the arraignment is done, the case will move on to a series of pre-trial conferences where the two sides may negotiate a plea bargain, work out a settlement plan, and talk about discovery. Either party can file motions to argue against evidence, suppress something a suspect said, or request that the judge make a particular ruling. Should you and the prosecution not agree, or if you do not wish one, the trial will decide if you are guilty or innocent. If found guilty, you will be sentenced by the court, which considers the details of the crime and your criminal background.
Note: A positive result in one proceeding does not ensure the same in the other. To succeed in both, you need legal representation.
Penalties and Consequences of a DUI Conviction
Those found guilty of driving under the influence face hefty penalties. The consequences become more serious with each subsequent offense and could significantly affect your life for years. It is vital for anyone charged with a DUI to understand the penalties.
The consequences for a first DUI conviction as a misdemeanor can be quite profound:
- Depending on several surcharges and fees, the total can cost from $1,800 to over $2,500.
- A jail sentence for the first time can be as short as 48 hours or six months, but the court can let individuals serve it through alternative programs or waive it entirely when specific requirements are met.
- Your driver’s license will remain suspended for six months, but you can apply for a restricted license to drive to and from work or DUI school after a specific waiting period.
- You will be required to enroll in a state-approved DUI school, usually lasting three months.
- You may be required to install an Ignition Interlock Device (IID) for up to six months for a first offense, especially if you hope to get a restricted license.
Subsequent DUI convictions within ten years result in more severe penalties. If you are arrested and charged for a second misdemeanor DUI within ten years, you can expect to:
- Pay much higher fines, often over $3,000
- Spend more time in jail, usually between 96 hours and one year
- Have your driver’s license suspended for two years
- You will also be required to finish the DUI school program within 18 or 30 months
- Meet an IID requirement for a year.
When you have three DUI misdemeanors in ten years, you can expect to:
- Pay fines over $3,000
- Spend a year in jail
- Have your license revoked for three years
The 30-month-long DUI school program applies, and the IID can be required for up to two years.
Apart from these specific punishments, a DUI conviction can have many other serious consequences, such as:
- Being required to have SR-22 insurance — This is a significant issue, as it results in an increase in your premiums for several years
- Having a criminal record could make getting a job, keeping a license, or renting a home challenging
A DUI can become a felony DUI if it causes injury to someone else, if you have three or more previous DUI convictions in the last ten years, or if you already have a felony DUI on your record. Being convicted of a felony DUI can lead to a state prison sentence, paying higher fines, and losing your driver’s license for a long time or forever. The financial costs and the troubles a DUI conviction brings to your job and life make it a costly experience.
Aggravating Factors That Can Increase DUI Penalties
A standard DUI conviction results in heavy penalties, but if certain factors are present, the consequences can be much more severe. They can lead to larger fines, longer jail time, and a longer suspension of your driver’s license. These aggravating factors include:
High Blood Alcohol Content
A high BAC can make things worse for a driver. For BAC levels of 0.15% or higher, and especially 0.20% or higher, you could face tougher consequences, including longer DUI education and having to use an IID for much longer.
Refusal to Submit to a Chemical Test
If you refuse to take a chemical test (breath or blood) after police arrest you, your license will be suspended for one year for a first offense, regardless of a DUI conviction. Further refusals could result in longer suspensions and harsher criminal charges.
Presence of a Minor in the Car at the Time of Your Arrest
When a child younger than 14 is in the vehicle during a DUI offense, the driver will face mandatory additional jail time. When DUI leads to speeding like 20 mph over the speed limit on city streets or 30 mph on highways, or causes an accident with injuries, the charge can become a felony, resulting in time spent in state prison, high fines, and a license suspension that lasts a long time.
Prior DUI Convictions
If you have been convicted of DUI within the past 10 years, your penalties are automatically increased, as discussed earlier. Also, any driver who is caught driving under the influence while on probation for a previous DUI will be sentenced to jail and face numerous other harsh penalties.
Some of the Most Common Defense Strategies Used in DUI Cases
Facing a DUI charge in Casa de Oro-Mount Helix can feel overwhelming. However, remember that an arrest is not the same as a conviction. There are various defense strategies to challenge DUI charges, and an experienced DUI attorney can meticulously examine the details of your case to identify any weaknesses in the prosecution’s evidence. The purpose is to challenge the allegations, request lighter penalties, or work for a dismissal.
Challenging the Initial Stop and Field Sobriety Tests
Often, attorneys challenge the original reason for the stop. If the police had no good reason to stop you, any evidence gathered from the stop will be inadmissible in court.
Another strategy is focusing on the accuracy of the field sobriety tests. These tests are subjective and can be influenced by factors other than impairment, including problems with health, tiredness, or the type of shoes. In other situations, they are administered incorrectly. An attorney can argue that FSTs are not accurate ways to show impairment. In addition, the results of breathalyzer tests can be questioned.
Furthermore, if the officer’s breathalyzer is not calibrated or cared for properly or operated incorrectly, the results may not be precise.
Questioning Chemical Test Results
A possible defense for blood tests is to examine how the blood was handled and by whom, or ask about the person who collected the sample. You could also argue that your BAC was above the legal limit while tested, but was below it while you were driving, because your body was still metabolizing alcohol.
Your Health and Officers Failing to Inform You of Your Rights
Furthermore, some health problems, for example, GERD, diabetes, or dental surgery, can act like impairment or alter the findings from chemical tests, which could be used as a defense. If police broke the law in your case, for example, by failing to read you your Miranda rights, this can also give you grounds to challenge the case.
How to Find a Good DUI Attorney for Your Casa de Oro-Mount Helix DUI Case
The importance of having an expert Casa de Oro-Mount Helix DUI attorney cannot be overstated in building a strong defense. They are familiar with DUI laws, how cases are handled at the El Cajon Courthouse, and prosecutors’ strategies. A DUI attorney can review police reports, witnesses’ statements, and chemical test results to spot any problems or mistakes in the prosecution’s case. They can also negotiate with prosecutors, present compelling arguments in court, and work hard for you to help you either beat the DUI or mitigate its consequences.
A DUI charge in Casa de Oro-Mount Helix makes it important to choose the best attorney. The attorney must have DUI experience, as these cases deal with complex laws, scientific evidence, and specific court procedures. It is vital to choose a DUI attorney who is familiar with the courthouse procedures.
List all your concerns before your initial discussion with a Casa de Oro-Mount Helix DUI attorney. You can:
- Ask if they have handled cases like yours and those in your area before
- Inquire about their fees and what payment arrangements are available
- Ask who will be your primary contact, a senior lawyer or a junior attorney
- Talk about the best strategies to defend yourself in your situation
Be wary of attorneys who guarantee specific outcomes or pressure you into quick decisions.
Find a Casa de Oro-Mount Helix DUI Attorney Near Me
Facing a DUI charge can impact your life, but it does not need to control your future. Navigating California’s DUI laws and the challenges of the DMV and the criminal court requires a clear and quick legal plan. The consequences are severe, and developing a strong defense requires legal assistance.
If you are facing a DUI charge, you need to act quickly because you have 10 days to request a DMV hearing, and you could benefit from an attorney’s help to prepare for a trial. Contact the San Diego DUI Attorney in Casa de Oro-Mount Helix today at 619-535-7150 to get confidential advice and have the defense team you need.
