A driving under the influence (DUI) charge is a crisis that comes with immediate serious consequences, including jail time, significant fines, losing your driver’s license, and the requirement to install an ignition interlock device (IID). If you are found guilty, the conviction will stay on your criminal record unless you take relief action like expungement under Penal Code § 1203.4. You will face two legal proceedings: a criminal DUI case in court and an administrative action at the DMV. You have to request a DMV hearing within 10 days of your arrest for driving under the influence (DUI). If you do not, your license may be suspended automatically.
It is strongly advisable not to speak to the police or the DMV without consulting legal counsel. Contact the San Diego DUI Attorney immediately for urgent legal intervention. Our experience in the DUI defense is your best defense against maximum penalties. But first, let us look at what you should know about a Coronado DUI arrest.
Understanding DUI Arrest
A strict legal process applies in a DUI arrest. It typically begins with a traffic stop and proceeds through to booking. You should be aware of each stage, because every step presents potential challenges to your defense.
An officer only needs reasonable suspicion during the first stop to pull you over. It could be for something minor like weaving through traffic, expired registration, or a broken taillight. After pulling you over, the officer usually collects evidence to support a probable DUI cause.
When an officer gives the field sobriety tests, he/she looks for an alcoholic odor, slurred speech, fumbling for documents, among others. These further justify his/her investigation. He/she will then conduct a standardized testing known as Field Sobriety Tests (FSTs), and a Preliminary Alcohol Screening (PAS) breath test. Importantly, you usually do not have to submit to field sobriety tests or the breath test before an arrest (unless you are on probation or under 21). However, an officer may treat your refusal as evidence supporting probable cause.
If the officer believes there is probable cause based on your actual driving behavior, physical signs of impairment, and some positive field sobriety tests or PAS, they will arrest you for DUI. Under California’s implied consent law, a refusal to submit to a post-arrest chemical test can result in an administrative suspension being imposed by the authorities immediately after arrest and also triggers the 10-day window to file a DMV hearing request.
When you are arrested, the police will take you to the station or the county jail for booking. This is the point where the Implied Consent law in California kicks in. You must submit to a mandatory chemical test (breath or blood) to determine your blood or alcohol content. Refusing this mandatory test results in an automatic, increased license suspension. The booking process usually includes fingerprinting and photographing, securing personal property, and bail.
Understanding Chemical and Field Sobriety Tests
In a DUI case, the prosecutor must prove two things: first, you, the driver, were impaired under Vehicle Code §23152(a), and you had a BAC over .08% under §23152(b). The core of a DUI defense is successfully challenging this evidence.
Field Sobriety Tests (FSTs)
Field Sobriety Tests (FSTs) provide subjective evidence that helps establish probable cause for your arrest. Although FSTs are designed to appear objective, they are inherently subjective and prone to error. The National Highway Traffic Safety Administration (NHTSA) recognizes three validated FSTs:
- Horizontal Gaze Nystagmus — The officer watches your eyes move as you follow a moving object for involuntary jerking (nystagmus). The test can yield false positives, since nystagmus also occurs due to conditions unrelated to alcohol.
- Walk and Turn (WAT) — You will be instructed to take nine steps heel-to-toe straight on a line, turn, and nine steps back. The police officer looks for eight clues of impairment, including swaying and not being able to touch heel-to-toe.
- One-Leg Stand (OLS) — While standing on one leg with the other foot approximately six inches off the ground, you will count to 30. The officer looks for swaying, hopping, and other signs of impairment.
FST results may be affected by physical disability, inadequate footwear, uneven and/or unstable surfaces, and poor light.
Chemical Tests: PAS vs. Evidentiary (Breath/Blood) Tests
The prosecutor relies heavily on chemical test results to prove you exceeded the legal BAC limit.
Before arrest, law enforcement officers may administer a roadside breathalyzer (PAS) to a suspected impaired driver. The officer’s primary goal is to establish probable cause. The PAS test is generally voluntary unless you are under 21 or on DUI probation. Refusal may carry immediate penalties. PAS tests may be less reliable than post-arrest tests.
Per the Implied Consent law, chemical tests (breath or blood) must be done following a lawful arrest. The result from this evidentiary test (which is typically done at the police station for breath, or at a medical facility for blood) is the number the prosecution uses to prove the BAC 0.08% offense. Blood tests tend to be more reliable, but a skilled Coronado DUI attorney can challenge the device calibration, sample handling, chain of custody, or the administration protocol that could affect the test results.
The Officer’s Report (The Narrative)
Another crucial piece of evidence is the arresting officer’s report. This document includes the whole story from the reason for the first stop to your attitude, performance on the FST, and reported BAC results. The officer may be asked to testify about the contents of the report even if some portions were not formally admitted into evidence. Defense attorneys can use inconsistencies in the officer’s written narrative and the dashcam and/or bodycam footage to the defendant’s advantage. If things do not match up, it can hurt the officer’s credibility, which can ultimately have a negative impact on the prosecution’s case.
Understanding DUI Charges
If you have been charged with a DUI, you must know what type of charge it is. This is important because it will determine how serious the penalties are, whether you will go to jail, and what other long-term effects there will be. You can be charged with a DUI as a misdemeanor or felony, depending on the facts of your case and criminal history.
Standard Misdemeanor DUI
A misdemeanor DUI refers to a charge, most often given to first, second, and third offenses within 10 years, that do not involve serious injury or death.
If you have committed a DUI for the first time, you will be charged under Vehicle Code 23152 (a) or 23152 (b). Most of the time, penalties usually consist of:
- Three to five years of informal probation
- A fine that might be around $2000 with penalty assessments
- Mandatory attendance of an alcohol education program or DUI School
- License suspension (but a restricted license may be available, however, often requires you to install an Ignition Interlock Device or IID)
- Up to six months in county jail
Consequences of Multiple DUIs
If someone is arrested for a second or third misdemeanor DUI within 10 years, they face much harsher minimum penalties.
If you are charged with a second DUI, you must serve jail or prison time between 96 hours and one year. Furthermore, you will have to enroll in a DUI school for 18 to 30 months. Furthermore, your license will also be suspended for two years.
A third DUI offense attracts a jail term of at least 120 days and up to 1 year. You also lose your driver’s license for three years.
Felony DUI
A DUI can be raised to a felony under serious circumstances. When you are convicted of a felony, you face the most serious consequences possible. These may include years in a state prison, a $5,000 fine, and a permanent mark on your criminal record. The primary triggers for a felony DUI include:
- Prior convictions — If you have had four or more DUI convictions within 10 years, it will be charged as a felony. In the same way, if you are arrested and charged for a subsequent DUI after being convicted of a felony DUI, the new offense will also be charged as a felony. This will ensure you serve time in state prison (16 months, 2 years, or 3 years).
- DUI causing injury or death — If you drive under the influence and are engaged in an illegal or negligent activity that injures another person, you can be charged with DUI causing injury or death under Vehicle Code 23153 (“DUI with Injury”). This is a “wobbler” offense that prosecutors nearly always file as a felony due to the injury element, resulting in prison time. If someone dies in the incident, you may be charged with vehicular manslaughter or even second-degree murder, which is known as a Watson murder if you have prior DUI knowledge.
Aggravated DUI Factors (Sentence Enhancements)
The term aggravated DUI does not refer to a charge. Instead, it relates to any circumstances that increase penalties for a regular misdemeanor DUI. These enhancements make the consequences far more severe for you:
- Extremely High BAC — A blood alcohol content (BAC) level equal to or above 0.15%. Or, even more so, a BAC level equal to or above 0.20%
- A minor in the vehicle — Carrying a child under 14 as a passenger in a vehicle may considerably increase penalties and may lead to additional child endangerment charges.
- Refusal to submit to a test — If you refuse to take a test, like a breath or blood test, when lawfully arrested for a DUI, you will face jail time as well as a longer license suspension.
- Excessive speeding — Driving while intoxicated at 20 mph or more over the posted speed limit is another enhancing factor. This can add jail time to your sentence.
The first step in building a defense is to be aware of these classifications. An experienced Coronado DUI attorney can negotiate against these factors to avoid a misdemeanor becoming a felony or mitigate aggravated enhancements.
The Journey through Court from Arraignment to Trial
Using the criminal court system after a DUI arrest is not easy. You should take this section as a guide to your local legal path, specifically your criminal court case (not the DMV’s administrative case).
The arraignment in a San Diego DUI case marks the initiation of a legal path, as it is the first event of the criminal court proceedings. During this first appearance before the court, the judge reads the criminal complaint, which indicates which Vehicle Code section 23152 or 23153 you are being charged under, and advises you of your fundamental constitutional rights, which include the right to an attorney and the right to a speedy trial. Crucially, you must enter a plea here. Your attorney always pleads not guilty to preserve all legal rights and options, because your defense attorney needs time to gather the facts and analyze the weaknesses of the case. When you enter a not guilty plea, your case also immediately triggers a formal request for initial discovery.
Discovery refers to the prosecution’s primary evidence, which usually consists of issues like police reports, chemical test results (BAC), and other evidence. When you enter a plea, it changes your case from a courtroom formality to a contested criminal matter.
After pleading “not guilty,” a case enters the more intensive pre-trial phase. During this stage, the court will hold multiple check-ins called pre-trial conferences or readiness conferences. The defense focuses on challenging the evidence presented against you. Your Coronado DUI attorney makes aggressive discovery requests to compel the prosecution to turn over all relevant materials, like the patrol car dashcam videos, breathalyzer and maintenance logs, and recordings of any witness statements. If the thorough investigation uncovers problems, perhaps the traffic stop was made without “probable cause”, or the chemical testing was not administered correctly, your attorney will file pre-trial motions like a Motion to Suppress Evidence under PEN 1538.5.
As your attorneys conduct these investigations, they will also engage in plea negotiations. This is the effort to achieve a favorable resolution. For example, pleading guilty to a lesser charge like “wet reckless” for less punishment. These negotiations aim to avoid the risk and uncertainty of a jury trial.
If the plea discussions do not lead to a favorable outcome, your case will advance to a trial, in which you will exercise your right to a jury trial. When the trial begins, the attorneys on both sides start the process by selecting a jury. During the trial itself, the State bears the heavy burden of proving beyond a reasonable doubt that you drove while intoxicated or under the influence. Therefore, your defense attorney’s role becomes pivotal, challenging the evidence, rigorous cross-examination, presenting counter-arguments, and pointing out legal deficiencies.
If the jury finds you guilty, the judge goes on to sentencing to punish you for the crime (misdemeanor or felony). If not found guilty, your case will be dismissed. Legally, each misdemeanor trial must start less than 45 days after the arraignment. However, almost all DUI cases go to final disposition by way of a plea deal after three to six months.
Court-Imposed and Collateral Consequences
A DUI conviction comes with two kinds of penalties:
- Those delivered by the criminal court judge
- Long-term collateral consequences. Collateral consequences can affect almost every aspect of your life after your conviction.
Court-Imposed Penalties
When the court determines that you are guilty, it immediately slaps you with several court-imposed penalties to punish and deter you. In most cases, these primary sanctions require you to perform an action that can be observed and verified. Usually, it entails mandatory probation that lasts for three to five years. The probation requires you to obey all laws. Furthermore, the court imposes a hefty fine and penalty assessments. Thus, the total cost for a first offense often goes into the thousands.
Ultimately, the presiding judge will want you to serve county jail sentence or other work release. You will need to take a state-approved DUI educational program, which lasts for three to nine months. Also, you could be required to install an Ignition Interlock Device (IID) on your car that will keep you from driving without having passed the sobriety test first for a specific time period.
Consequences on License, Insurance, and Criminal Record
While you manage the court’s immediate requirements, your conviction simultaneously activates a number of serious and often overlooked collateral consequences that will punish you long after your probation ends.
To begin with, the Department of Motor Vehicles, or DMV, takes administrative action involving an administrative license suspension that begins immediately, regardless of what the court does.
To regain even restricted driving privileges, you will need to obtain an SR-22 form. This is a certificate that an insurance company gives to you that proves you have obtained high-risk insurance. This will cause your auto insurance rates to increase substantially for several years. Furthermore, the judgment creates a permanent criminal record, which significantly affects your future. You could face consequences from your record that might make it challenging to get or keep a job that involves driving.
Consequences on Immigration and Families
The invisible weight of these collateral consequences also impacts family and immigration status, fundamentally altering your future opportunities. Immigration repercussions can start once you plead guilty or are convicted of a DUI if you are not a U.S. citizen. Specifically, a conviction may be a crime of moral turpitude. In particular, the Department of Homeland Security can take action to have you deported.
Having a criminal record can also complicate matters in family courts and impact child custody or visitation arrangements. Courts may perceive convictions as evidence of impaired judgment. Successfully defending a DUI is about more than preventing fines and jail time. It must also protect you from this lifetime of hidden penalties and ensure your long-term stability.
Expunging a DUI Conviction
Upon completing probation, you may be eligible for Expungement (dismissal of conviction) pursuant to Penal Code 1203.4. This will let the court take back your guilty plea so that the conviction is set aside and your case is dismissed. This allows you to legally and honestly state for most private employment purposes that you have never been convicted of a crime. This greatly enhances your job and housing prospects. However, this relief is not a total erasure.
The main limitation is that if you are arrested for another DUI within the 10-year lookback period, an expunged DUI will still be considered a prior.
Find a Coronado DUI Attorney Near Me
If you are accused of a DUI, the penalties go beyond just fines and a court date. A DUI can jeopardize your license, job, and reputation in Coronado. A conviction creates barriers right away that can change the course of your life for years. You can, however, navigate this challenging process and increase the odds of a favorable outcome by engaging attorneys at San Diego DUI Attorney. Contact us at 619-535-7150 for a free case assessment.
