A DUI is a serious offense in De Luz Heights due to its potential consequences. DUI is listed among the leading causes of fatal accidents in California. The police are always on the lookout for drunken or drugged drivers to ensure all road users, including pedestrians and bicyclists, are safe. If you are arrested for a DUI, you will likely go through a complex legal process as the court determines your case. If you are found guilty, you can face serious charges, depending on your criminal history and the details of your case.
Working with a competent De Luz Heights DUI attorney helps ensure you understand what to expect, your options, and your rights. Our aggressive attorneys at San Diego DUI Attorney will also help you fight your charges in court to influence the outcome of your case. We can quickly review your case after the arrest to determine the best fighting strategies that could convince the court to drop or reduce your charges.
What is a DUI in California?
Driving under the influence (DUI) happens when you operate a motor vehicle while under the influence of alcohol or drugs. Alcohol and drugs impair your ability to safely operate a vehicle, putting yourself and other road users at risk of accidents. California has strict DUI laws for all drivers, including regular motorists, commercial drivers, and underage drivers (21 years and younger). Driving under the influence of drugs is prohibited for all drugs that can impair a person’s driving abilities, including prescription drugs.
When you are arrested for a DUI in California, you will likely face charges under two DUI laws:
- VC 23152(a) or the law against driving while under the influence of drugs or alcohol
- VC 23152(b) or the per se law, which prohibits drivers from operating a vehicle with a specific level of alcohol in their system
The first law is applied when a law enforcement officer stops you on suspicion of driving while intoxicated. This can happen if you are driving recklessly, speedily, or after causing an accident. The officer will investigate you for drunk or drugged driving by observing you for physical signs of impairment. They will also ask questions to check how you answer. If there is a smell of alcohol on your breath, your speech is slurred, or you have bloodshot eyes, the officer can investigate you further for DUI.
The second law is applied when a law enforcement officer asks you to take a breath or blood test to determine the level of alcohol in your system. This happens if, after investigation, they suspect you of operating under the influence of alcohol. In most cases, the police use breathalyzers. However, if you are unable to blow into the breathalyzer, they can request that you submit a blood sample for testing.
The per se DUI law applies differently to different drivers. It provides a standard level of alcohol allowed for different drivers as follows:
- Ordinary drivers are prohibited from operating a vehicle with a BAC of .08% or higher
- Commercial drivers, including school drivers, bus drivers, taxi drivers, and those who operate Uber or other rides for hire, must not have a BAC of 0.04% or higher while on the job.
- Underage drivers and drivers on DUI probation must not operate with any level of alcohol in their system.
DUI charges and penalties vary for all drivers. The exact charge the prosecutor will file against you after your arrest will depend on the details of your case and your criminal history. Generally, DUI is a priorable offense, meaning that the number of DUI convictions on your record within ten years will determine your current DUI charge. Here are standard DUI charges in California:
- First DUI for first offenders
- Second DUI for defendants with a prior DUI on their record within ten years
- Third DUI for defendants with two prior DUIs on their record within ten years
- Fourth or subsequent DUI for defendants with three or more prior DUIs on their record within ten years
The first, second, and third DUIs are typically classified as misdemeanors, although the penalties vary. The fourth and subsequent DUIs are felonies.
You can also face a felony DUI charge under the following circumstances:
- When you cause an injury or death
- If you have a prior felony DUI conviction on your record
- If you drive under the influence with a minor aged 14 or younger in the vehicle, thereby committing child endangerment
A skilled De Luz Heights DUI attorney will ensure you understand your charges well and the possible penalties to prepare for what to expect.
What To Expect after a DUI Arrest
A DUI arrest can happen after an accident, as you drive, or at a DUI checkpoint. Before the arrest, an officer will investigate you for DUI while asking a few questions. If you are stopped on the road or at a checkpoint, an officer can ask you to pull aside and roll down your window. They can ask to see your license and registration, as they check your response and any physical signs of intoxication. The officer can ask where you have been and whether or not you have been drinking. If you exhibit signs of impairment, an officer can ask you to step outside for further investigation.
In some cases, they can ask you to perform some preliminary tests on the road. They could also ask you to take a breath test to determine the level of alcohol in your system. Before arrest, you can politely decline if you do not want to take these tests. However, you can face additional criminal charges if you fail to submit to a chemical test after an arrest.
If, after the tests, the officer is firmly convinced that you were operating a vehicle while impaired, they will put you under arrest. The officer will read your Miranda rights and take you to the station for booking. Afterwards, the prosecutor will file DUI charges against you, depending on your criminal history and the details of your case.
When you are arrested for a DUI, the officer confiscates your driver’s license. Afterwards, they can give you an interim license, valid for only 30 days, to use before the DMV takes action in your matter. You have until ten days to request a DMV hearing to avoid losing your license to automatic suspension. If you order the hearing and win, you will receive your license back after 30 days. However, if you fail to request a DMV hearing or lose the hearing, the automatic suspension will take effect 30 days after the hearing.
Once the prosecutor files a case against you, you will attend a hearing where the court will consider the evidence presented by the prosecution and the defense to determine the matter. If you win the case, the court will dismiss all charges against you. However, if there is compelling evidence that you operated a vehicle while under the influence of alcohol or drugs, there will be severe penalties. A competent De Liz Heights DUI attorney will be with you throughout, protecting your rights and defending you against your charges.
Possible Penalties after a DUI Conviction in California
The penalties you will likely receive after a DUI conviction depend on your exact charges. Here are possible penalties for different DUI charges:
Penalties for a Misdemeanor DUI
Remember that a misdemeanor DUI happens if you are facing DUI charges for the first, second, or third time within ten years. The penalties you will likely receive include the following:
- Six months in jail or less, or
- Misdemeanor probation
- A maximum of $1000 in court fines
- Driver’s license suspension for up to two years
- Mandatory DUI school
- Community service for a predetermined number of hours
You could qualify for a restricted license after a misdemeanor DUI conviction. A restricted license allows you to drive to a few crucial places, like work or school. However, you must install an interlock ignition device system in your vehicle to ensure you do not drive while impaired.
Penalties for a Felony DUI
- 16 months, two or four years in prison, depending on the facts of your case or criminal history
- Felony probation for up to five years
- Driver’s license suspension for four years or more. In some cases, the court or DMV can revoke your license
- Designation as a habitual traffic offender, which earns you points on your driver’s license
Other consequences of a DUI conviction apply, and they can affect different aspects of your life. Examples of these consequences include the following:
- You could face challenges finding or keeping your job, especially if you are a licensed professional
- You could face difficulties finding a house to rent
- A felony conviction can result in a permanent criminal record, which continues to affect your life years after serving your sentence.
- You may face challenges accessing critical services like insurance and credit without incurring high rates.
How a De Luz Heights DUI Attorney Can Help
The consequences of a DUI conviction are severe and life-changing. They can affect your social, professional, and personal lives in many ways, and can continue affecting you for years. However, working with a skilled DUI attorney can influence the outcome of your case and reduce that impact.
Here are some of the ways an attorney can help if you face DUI charges today:
They Can Provide Personalized Guidance
Notably, the California criminal justice system is complex and challenging to navigate without assistance. An attorney will ensure you understand what to expect in each process after your arrest. For example, they will be by your side during the booking process, initial arraignment, and other hearings that follow. They will also ensure you understand the legal language used in courts. This will reduce your anxiety as you wait for the determination of your case.
They Will Advocate for Your Best Interests
While everyone involved in your case, including the police and prosecutor, works against you, your attorney will fight for your best interests throughout the court process. During your first arraignment, they can recommend bail release and non-restrictive release conditions as you return home to prepare for the trial. If the police have compelling evidence against you, your attorney can negotiate for leniency during sentencing. For example, instead of jail or prison, they can recommend probation, allowing you to serve your sentence from home. They can also recommend a plea deal to avoid the uncertainty of a criminal trial.
They Will Protect Your Rights
Your rights should be respected by everyone, including the police, even when facing criminal charges. Sadly, the police do not always respect your civil rights, especially during arrest or DUI investigations. Working with an attorney from the start ensures that your rights are respected. For example, the police will grant you the right to an attorney even if you cannot afford one. They will also respect your right to remain silent to avoid incriminating yourself.
An Attorney Will Represent You During the Trial
Legal representation is crucial because a criminal trial can be intimidating and overwhelming. An attorney will ensure no one violates your rights. They will also fight the charges against you to influence the court’s decision. Here are some of the defense strategies a skilled De Luz Heights DUI attorney can use to convince the court to reduce or drop your charges:
- Your Driving Was Bad, Not Impaired
Bad driving does not always mean that you are impaired by drugs or alcohol. DUI prohibits operating a vehicle while under the influence of alcohol or drugs. Your driving could have been affected by fatigue or road conditions. For example, if you were avoiding a pothole and veered off to the other side of the road, and an officer stopped and investigated you for a DUI, they would be wrong to arrest you for a DUI.
Your attorney will argue this fact before the judge to create reasonable doubt in the prosecutor’s case. They can even call witnesses to verify that you were not under the influence of alcohol or drugs. If this works, the judge will dismiss your charges.
- The Officer Did Not Have Probable Cause
Police officers need probable cause to stop, investigate, and arrest a motorist for a DUI. Probable cause for an arrest can be speeding, reckless driving, or an accident. This prevents officers from being biased. If an officer did not have probable cause to stop and arrest you for a DUI, your attorney can use this defense strategy to convince the court to drop your charges.
However, the case will be different if you were stopped at a legal DUI checkpoint. In this case, officers stop motorists randomly, following predetermined criteria.
- An Officer Violated Your Rights
Remember that an arresting officer must read your Miranda rights after a DUI arrest. Then, you can protect yourself from self-incrimination or illegal coercion of evidence by the police. If you choose to remain silent and an officer forces a confession from you, this will count as a grave violation of your rights. An officer can only question you if you waive your right to counsel.
In this case, your attorney will compel the court to dismiss any evidence obtained through the violation of your rights. This can leave the prosecution without sufficient evidence to get a conviction.
- The Field Sobriety Test Results Were Inaccurate
If you took field sobriety tests during a DUI investigation, the prosecutor can use your test results to support your DUI charges. If you failed the tests for a good reason, your attorney can use this strategy to fight a conviction. You can fail a field sobriety test if you were not appropriately dressed for some tests, or the road was uneven, making it difficult for you to walk in a straight line. You can also fail if you are tired or the lighting is poor. If this is the case, the court will dismiss the test results from evidence, which could leave the prosecution with insufficient evidence for a conviction.
- The Police Did Not Comply With Title 17 Regulations
The regulations under Title 17 provide guidelines on how chemical tests to determine a driver’s DUI should be conducted. If an officer is using a breathalyzer, they must be well-trained to administer the test. The breathalyzer must also be well-calibrated. If an officer collects blood or urine samples for testing, the samples must be handled well to avoid contamination. These are some of the regulations that ensure the accuracy of chemical tests in DUI cases.
If any of these regulations is not followed well, the court can throw out the evidence gathered against you, which can affect the prosecutor’s case.
Find a Competent De Luz Heights DUI Attorney Near Me
Are you facing DUI charges in De Luz Heights?
This is a serious charge that can result in life-changing consequences. However, you can fight the charges with the help of a skilled attorney for a favorable outcome. An attorney can also help you navigate all complex legal processes and defend your rights.
At San Diego DUI Attorney, we work very closely with our clients to understand their cases and needs. We use our best defense strategies to influence the outcome of their cases. We can help you understand the legal implications of your DUI charges, your options, and possible penalties. With our help, the judge can dismiss or reduce your charges. Call us at 619-535-7150 to learn more about our services.
