If the police have arrested you for driving under the influence in Ballena, you are in a difficult situation since you are a few steps away from a conviction. A conviction for DUI can adversely affect your life, as it may cost you your license, a lot of money in fines, and a possible incarceration period. However, you are not alone.
We at San Diego DUI Attorney can help you prevent the severe consequences. We have assisted clients facing all kinds of DUI offenses and are pleased to do the same for you. We can fight to have your charges lowered or dismissed altogether. However, to be able to do this, you want to have an expert DUI defense lawyer start working on your case promptly. Call us now for a consultation and case evaluation.
How a DUI Arrest Happens in Ballena
Most DUI arrests in Ballena start with a DUI checkpoint or traffic stop. The police officer will ask you to blow into a breathalyzer two times and take field sobriety tests (FSTs). If the tests are negative, the police officer will likely arrest you. After an arrest, the officer will usually request you to undergo breath, urine, or blood testing (chemical testing) at the jail, hospital, or police station. Declining to undergo chemical testing might lead to tougher DUI consequences and a suspension of your driver’s license for one year.
For most arrests of misdemeanor DUIs, the officer will let you go shortly after being arrested and booked. After being released, the officer should give you two documents: a pink paper (temporary license) and a citation to attend court. If arrested for a DUI felony or a DUI causing an accident, you might need to make bail.
Since the arresting officer will issue you a temporary license after the arrest, they will confiscate your original license and send it to the Department of Motor Vehicles (DMV). If you live outside California and are arrested in California for DUI, the arresting officer cannot confiscate your license.
You can request an IID (ignition interlock device)-restricted license immediately after arrest. An IID refers to a breathalyzer device that prevents cars from starting should it detect alcohol. A restricted license allows you to drive without limitations, provided you install the ignition interlock device in your vehicle. How long this license is valid for is based on your drunk-driving history.
How to Navigate the DMV Administrative Process in Ballena
Generally, your license will not be suspended right after being arrested for DUI. Rather, a police officer will issue you a temporary pink license. A license suspension will follow if you do not eventually prevail in the DMV administrative hearing.
The law requires you to request the DMV hearing within ten days after your arrest. Failure to do so will lead to you forfeiting your legal right to the administrative proceedings, and the DMV will automatically suspend your license after thirty days. An attorney can request the administrative hearing on your behalf.
Usually, it is better if a lawyer requests the hearing for you. That is because they can usually schedule the proceedings further away, so they will have ample preparation time. A lawyer can also influence which officer is assigned to your case, increasing the chances of a positive outcome.
Generally, your attorney conducts the proceedings for you. You might or might not be required to be present. Your lawyer’s main goal in this proceeding is to persuade the DMV officer not to order your license suspension. However, your attorney might also take advantage of the DMV proceeding to collect evidence that could prove invaluable in criminal court.
They can, for example, subpoena breathalyzer calibration logs and maintenance. These may reveal inaccurate readings and malfunctions that they use in court to prove false breathalyzer test results. Also, the lawyer can subpoena the police officer who arrested you to give their testimony at the administrative hearing and obtain testimony regarding errors in the investigations and poor officer training.
Once the hearing is over, the hearing officer will give their verdict within thirty days. You will not be subject to license suspension if the verdict favors you. If the verdict does not favor you, the DMV will suspend your license within a few days of receiving notice. Note that even if the DMV does not suspend your license, a conviction in criminal court may trigger a distinct suspension.
Also, note that you will not be subject to a DMV hearing if the police arrested you for driving under the influence of drugs (DUID). DMV hearings solely happen for drunk driving arrests to establish whether you drove a vehicle with a 0.08% BAC level or more, or any detectable BAC level if it is an underage DUI. However, if the court convicts you of DUID, the conviction will lead to a suspension of your driver’s license.
The Ballena DUI Criminal Court Proceedings
Many people with a BAC of more than 0.08% are subject to two misdemeanor DUI crimes. These are DUI under VC 23152a and operating a vehicle with a 0.08% BAC level or more under VC 23152b. If you are in this situation, your goal should not be to be convicted of these crimes.
The DUI Pretrial Process
If accused of a misdemeanor DUI, your lawyer will most likely attend the court proceedings for you, except if there is a proceeding in which you must testify or your case proceeds to trial. Many DUI cases might involve numerous court dates, which can spread over many months. While your case is ongoing, your lawyer gathers evidence, files motions, and holds negotiations with the prosecutor and judge, seeking a charge reduction or case dismissal.
Court Trials vs. Plea Bargains
If your lawyer and the prosecution reach a settlement involving you entering a guilty plea for your DUI or a lesser charge, your case can end in either of two ways. The first way is for you to appear in court and enter a plea personally in the judge’s presence. The second way, which commonly happens, is that your lawyer can ask you to sign a notarized document (known as a Thal waiver) outside of court. They can then present the documents before the judge and execute your plea for you.
If your lawyer and the prosecution do not reach a settlement, your case will proceed to a trial by a jury. Judges and prosecutors often offer better deals once a case is set for a trial. That is because there might be more pending court trials than the courtrooms to hold them. Additionally, issues in the prosecution’s evidence become evident when the trial prosecutor finally scrutinizes the case.
Ballena DUI Consequences
The DUI sentencing in Ballena increases with every successive conviction; hence, DUI is a priorable offense. A first DUI offense is a misdemeanor, and a conviction is punishable by:
- A fine between $390 and $1,000
- Summary probation for three to five years
- Court-approved drug school for three months
- A suspension of your driver’s license for six months, although you can install an IID and continue driving.
A second DUI offense committed within ten years of the first offense is also a misdemeanor. The punishment upon conviction includes the following:
- Summary probation for up to five years
- A fine between $390 and $1,000. Plus court fees and penalty assessments, the fine can go up to $2,000
- Driving with an ignition interlock device for one year
- DUI school for eighteen to thirty months
- Jail for up to a year
- License suspension for two years, although you can often obtain a restricted license after ninety days
A third DUI offense within ten years of the first offense is equally a misdemeanor. The consequences after a conviction include the following:
- Summary probation for up to five years
- A fine between $390 and $1,000. Plus court costs and penalty assessments, the fine can go up to about $2,500
- DUI School for thirty months
- Jail for up to a year
- Operating a vehicle with an ignition interlock device for two years
- License suspension for three years, although you can obtain a restricted license after one hundred and eighty days
A fourth or subsequent DUI offense committed within ten years of the first offense is deemed a wobbler. A wobbler is a crime prosecuted as a felony or misdemeanor based on the defendant’s criminal history and facts surrounding the case. Hence, a fourth DUI offense is also called a felony DUI if prosecuted as a felony. A conviction carries severe consequences, including the following:
- Up to 12 months in jail if prosecuted as a misdemeanor
- Three years, two years, or sixteen months in prison if prosecuted as a felony
- Not more than $1,000 in fines, which can be more if penalty assessments and court fees are added
- DUI school for thirty months
- The habitual traffic offender title for three years
- A driver’s license suspension or revocation for four years. You can continue driving with an IID for three years
DUI Causing Injury, VC 23153
Should someone sustain an injury due to your driving under the influence in Ballena, the prosecution can charge you with violating VC 23153. This crime can be prosecuted as a felony or misdemeanor based on the seriousness of the injuries the victim sustained and your previous DUI record. The consequences for a DUI causing injury are substantially more severe. They can include considerable prison or jail time, heavy fines, lengthy driver’s license suspension, and victim restitution.
Long-Term DUI Consequences
Beyond the criminal consequences and a driver’s license suspension, being convicted of DUI in Ballena can have multiple long-term collateral repercussions that can greatly affect your life. Some of these consequences include the following:
- Increased vehicle insurance premiums. Insurers generally view drunk- and drugged-driving convictions as a high-risk factor, resulting in substantial increases in your vehicle insurance rates.
- Challenges in securing employment. Employers usually do background checks, and any conviction, including a DUI, can adversely impact your capability to obtain employment. This is particularly so in professions that involve positions of trust or driving.
- Immigration consequences. If you are a non-citizen, a drunk- or drugged-driving conviction can have negative immigration repercussions, possibly resulting in deportation. This is especially so for a DUI that involves fatality or injury or multiple DUI convictions. If you are an immigrant subject to DUI charges, you should consult a lawyer who understands immigration and DUI law.
- Challenges in obtaining a professional license. Many professional license bodies may revoke or suspend licenses because of a drunk- or drugged-driving conviction. This is especially so if the conviction is for a felony or an offense involving aggravating factors.
- Travel restrictions. Some countries might restrict or prohibit entry to people convicted of DUI.
- Security clearance matters. Government bodies might revoke or deny security clearances depending on a drunk-driving conviction.
Aggravating Factors in DUI Cases
When present in a DUI case, some factors can result in enhanced penalties. These are known as aggravating factors. They include the following:
- Excessive speeding. Operating a vehicle at an excessive speed while intoxicated can result in harsher penalties
- Refusal to undergo chemical testing. Declining to take tests attracts a driver’s license suspension. Also, the police can use the refusal against you in court, and it is deemed an aggravating circumstance during sentencing.
- Driving with a child in the car. This can result in additional charges and consequences under VC 23598
- Causing an injury or accident. DUI causing an injury or death can result in felony charges, attracting significant consequences.
- A high BAC of .15 percent or more. This can lead to an increased incarceration period and extended DUI school programs.
- Past DUI convictions. Prior DUI convictions within the ten-year look-back period considerably increase consequences.
Effective Defenses Against DUI Charges
Despite the harsh DUI laws in place, you can argue various defense strategies to beat the charges based on the case facts. A skilled DUI defense lawyer will thoroughly probe the circumstances of your arrest to establish a possible strategy. Some of the defenses your lawyer can argue include the following:
- Miranda rights violation. If a police officer subjects you to custodial interrogation, they must first advise you of your Miranda rights. If they fail to do so, any statement you make might not be admissible in court.
- Illegal stop. Law enforcement officers must possess a valid reason (reasonable suspicion) to pull you over. If the officer unlawfully stopped you, the judge may suppress any evidence they acquired due to the stop, including chemical test results and FSTs, possibly resulting in a charge dismissal.
- Lack of probable cause to conduct an arrest. A DUI arrest must be contingent on probable cause. That means the police must have enough facts to trust that you were operating the vehicle while intoxicated.
- Rising BAC defense. If your blood alcohol content was below .08 percent while operating the vehicle, but rose beyond that level by the time you were undergoing chemical DUI testing, you can argue this defense. The defense is mainly applicable to charges under VC 23152(b).
- Medical conditions impacting test results. Particular medical conditions, like diabetes or acid reflux, can impact breath testing results and generate falsely high results. Certain medications could also affect test outcomes.
- Incorrect breathalyzer test results. Breathalyzer devices must be calibrated, maintained, and stored correctly to provide correct results. Your lawyer can contest the correctness of the breathalyzer test results depending on the problems with the device or its operation.
- Improper FST administration. Police officers must administer standardized FSTs per established protocols. Mistakes in scoring or administration can result in unreliable results.
Why You Require an Experienced Attorney in Your DUI Case
Navigating the intricacies of the DUI process can be daunting and overwhelming. A skilled defense lawyer has the specialized skills and knowledge to safeguard your legal rights and fight for the most favorable outcome for your case. Your lawyer can do the following:
- Thoroughly probe your case. Your lawyer can review video evidence, witness statements, and police reports to establish weaknesses in the D.A.’s case and possible defenses.
- Contest the evidence. Your lawyer can help you bring a motion to suppress unlawfully obtained evidence, cross-examine eyewitnesses, and question the correctness of the chemical tests.
- Have negotiations with the prosecutor. Your lawyer can help you explore various opportunities to lower your DUI charges or reach a favorable plea deal.
- Advise on your DMV hearing. Your lawyer can help you request a DMV proceeding and fight for you in that hearing to prevent your driver’s license from being suspended.
- Defend you in court. Your lawyer can provide expert legal representation during the court hearing and the trial if necessary.
- Explore other sentencing options. Based on your case facts, your lawyer might successfully negotiate other sentencing options like home confinement, community service, or enrollment in community-based programs, rather than jail time.
Find an Experienced Ballena DUI Defense Lawyer Near Me
Sometimes, speaking with a lawyer is all you need to feel hopeful if arrested for DUI. An attorney will tell you their thoughts regarding your case, including your legal options, and counsel you on your next steps. Also, once a skilled attorney takes on your case, they will fight aggressively to safeguard your rights and best interests.
At San Diego DUI Attorney, we offer our clients a free consultation and case evaluation. That means you can share your story and obtain specific counsel from our professional DUI lawyer without paying anything. Call us at 619-535-7150 and let us help you fight for your freedom.
