Being charged with DUI is a serious matter with long-lasting consequences that can affect your life for years. The legal process can be complicated and intimidating, beginning with the initial police stop and continuing through court hearings and potential penalties. The conviction may result in heavy fines, loss of your driver’s license, and even a jail term. These punishments can affect your professional life, your ability to go to work, and your liberty. You need a clear understanding of your rights and a strong legal defense strategy to navigate this challenging period, and the information below will help.
The most important step after being arrested for driving under the influence is to secure informed and dedicated legal representation. A seasoned Bonsall DUI attorney will review your case for legal and procedural mistakes, contest the evidence, and negotiate with prosecutors to secure a more favorable outcome. Call the San Diego DUI Attorney today for a confidential consultation and take the first step toward protecting your future.
Misdemeanor DUI (CVC 23152)
The most common DUI charge in Bonsall falls under California Vehicle Code (CVC) 23152. This law applies to individuals who drive under the influence of alcohol, drugs, or a combination of the two. It is the standard charge for the first, second, or even third offense, provided there are no “aggravating factors” like an accident with injuries. A misdemeanor DUI is not a minor infraction. It is a criminal offense with profound and lasting consequences.
For a first-time DUI offense, the penalties typically include:
- A maximum of 6 months in the county jail, although the judges tend to give probation instead of a jail term on a first-time offense
- Fines and court fees that can amount to several thousand dollars
- A mandatory DUI education program lasting three to nine months, which you must complete to regain your license
- Six months to ten months suspension of the driver’s license
- An obligation to install an Ignition Interlock Device (IID) for at least six months before being eligible for a restricted or fully reinstated license
When a DUI Becomes a Felony
A DUI offense becomes a felony if certain aggravating factors are present. Felony DUI is a serious crime with far more severe penalties than a misdemeanor. These charges are prosecuted in the various parts of the vehicle code, like the CVC 23153 of DUI causing injury.
The key circumstances that elevate a DUI to a felony are:
- DUI causing injury (CVC 23153) — It is the most widespread type of felony. If a DUI results in harm to another individual, the CVC 23153 violation will most probably be a felony, despite being a first-time violation.
- A fourth DUI in 10 Years — When you are convicted of the fourth DUI in the course of 10 years, then automatically the case is a felony, whether there was an injury or not.
- A felony DUI conviction — A subsequent DUI charge after a prior felony DUI conviction will also be charged as a felony
A felony DUI carries serious consequences, and all these may include a lengthy stay in a state penitentiary, significantly higher fines, and a felony strike under California’s Three Strikes Law if someone was injured. The conviction of a felony also results in a substantially longer revocation of the license and the deprivation of some civil rights, including the right to own a gun.
Underage and Commercial DUIs
California’s DUI laws for underage and commercial drivers are stringent. When you belong to any of these categories, the penalties differ and can severely impact your life and career.
Underage DUI
If you are under the age of 21, California’s Zero Tolerance Law (CVC 23136) makes it illegal for you to drive with a blood alcohol concentration (BAC) of 0.01% or higher. It is a much lower threshold than the 0.08% limit of adult drivers. This law is supposed to discourage any underage drinking and driving because a little bit of alcohol is enough to commit a violation.
If a law enforcement officer has reasonable cause to suspect you have consumed alcohol, they can administer a preliminary alcohol screening (PAS) test. Any BAC of 0.01% or higher will automatically result in a one-year driver’s license suspension by the DMV. This suspension is an administrative penalty, separate from any criminal charges that may be filed if your BAC is higher.
Commercial Driver (CDL) DUI
Commercial drivers are held to stricter standards due to the nature of their work and the vehicles they operate. CVC 23152(d) provides that the legal BAC limit for you when operating a commercial vehicle is 0.04%. This is half the standard limit for non-commercial drivers.
As a CDL holder, being found guilty of a DUI, whether you are driving a commercial or non-commercial vehicle, is disastrous. The first time DUI offense will lead to an automatic one-year CDL suspension. This effectively prevents you from working in your field for a year. Unlike a standard DUI, you are not eligible for a restricted license during this suspension period. For a second violation of DUI, you can face a lifetime disqualification of your CDL, permanently ending your career in commercial transportation.
Field Sobriety Tests and Chemicals test refusals
The process of a DUI stop may be perplexing, and knowing your rights regarding field sobriety testing and chemical testing is important. Your decisions on the side of the road can significantly impact your case.
Field Sobriety Tests
As soon as you are pulled over and suspected of being under the influence of DUI, the policeman will probably request you to perform a series of tests that will evaluate your physical and mental impairment. These tests are referred to as Field Sobriety Tests (FSTs). While there are many different types, law enforcement uses three standardized tests, which have been certified by the National Highway Traffic Safety Administration (NHTSA). These are:
- Horizontal Gaze Nystagmus (HGN) — The officer will request that you track an item or pen using your eyes. They are looking for involuntary jerking eye movements of the eyes (nystagmus), which may also be a sign of intoxication.
- Walk-and-turn — In this exercise, you will be asked to walk a straight line, step-by-step in heel-to-toe direction, for a specified number of steps, turn, and walk in the same direction. The officer observes signs like wobbling, stepping off the line, or using your arms for balance.
- One-leg stand — It involves standing on one leg, lifting the other foot high in the air, and counting aloud within a specific time interval, usually 30 seconds. The officer looks for swaying, hopping, or putting your foot down.
These are subjective tests and may be affected by numerous other factors that do not have anything to do with alcohol, like medical conditions, poor balance, or even nervousness. Drivers over 21 can refuse FSTs without incurring any immediate legal penalty as long as they are adults over 21. Nevertheless, based on what the officer observes about your actions, they can still form probable cause to arrest you in a DUI case.
Implied Consent and Refusal to Take a Chemical Test
It is at this point that the law becomes much stricter. Unlike FSTs, California’s “implied consent” law is a powerful legal tool. According to this law, by simply driving a vehicle in California, you have already consented to a chemical test (of your breath or blood) if you are lawfully arrested for a DUI.
One of the key distinctions is that you can refuse a preliminary breath test (PAS) on the roadside, but once you have been lawfully arrested, refusing a chemical test has severe consequences. By refusing to take a chemical test, which is administered after arrest, you will face an automatic suspension of a minimum of one year in your driver’s license, irrespective of whether you are eventually convicted of the DUI. Your refusal can also be used against you in court as evidence that you believed you were too intoxicated to pass the test. Furthermore, refusing a chemical test may result in more severe punishment, including mandatory jail time, if you are convicted of the underlying DUI charge.
Limited DUI Diversion Programs
For most DUI cases, the path to a resolution does not include diversion programs. The law explicitly states that a typical DUI charge would not qualify for these programs, which aim to provide an alternative to the conventional criminal conviction.
This is a serious aspect to consider: You cannot simply complete a program and have your DUI charge dismissed. However, there are particular and rare exceptions where a DUI might be eligible for diversion. These exceptions are carved out to address underlying factors that could have led to the crime.
The Exceptions to the Rule
Two major diversion programs that can be used in a DUI charge are available, but they are highly restricted in their use, and the decision to use them rests with the judge:
- Military Diversion (PC 1001.80) — If you are on active duty or a military veteran, you may be eligible to participate in this program. The program targets individuals with a qualifying service-related disorder, whether it is Post-Traumatic Stress Disorder (PTSD), traumatic brain injury (TBI), or even substance abuse issues that are directly related to your military service. The court will suspend your case, and if you complete treatment successfully, your DUI charge may be dismissed. This program aims to ensure service members receive the assistance they deserve without a criminal conviction that will negatively affect their long-term careers.
- Mental Health Diversion (PC 1001.36) — This program applies to a broader group of defendants but has stringent criteria. To qualify, you have to have an appropriate mental health condition from the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and prove that your disorder was a significant factor in the commission of the DUI offense. You should also accept a treatment arrangement and not present an unreasonable threat to the safety of the people. The charges against you can be dismissed if the court decides you are qualified and pass the program successfully. This program acknowledges that the criminal behaviour of some people is directly linked to an untreated mental health condition and aims to address the underlying cause rather than simply punish the defendant.
Building a DUI Defense
Being arrested on a DUI is not the same as a conviction. A qualified defense lawyer will challenge the prosecution’s case by scrutinizing every step of the process, from the traffic stop to the outcome of the chemical tests. A good defense would result in reduced charges, or in some cases, a full dismissal.
Some of the common defense strategies you can use include:
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The Issue of Challenging the First Stop
The first traffic stop is the basis of a DUI case. Law enforcement needs reasonable suspicion to pull you over. This means they must possess a particular and verifiable fact that causes them to believe you violated the traffic or engaged in a crime. Some of the reasons officers give to officers when stopping include:
- Weaving
- Speeding
- Failure to stop at a stop sign
Nevertheless, when the officer does not have clear-cut reasons why he/she decided to stop you, or the reason provided is unsubstantiated, your Bonsall DUI attorney can file a motion to suppress all evidence gathered after the illegal stop. Should this motion be granted, the whole case against you might be thrown out since the fruit of the poisonous tree doctrine provides that evidence obtained from an unlawful procedure cannot be used in court.
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Challenging the Evidence
The evidence found at the scene and station is crucial to the prosecution’s work. This evidence is not conclusive and can be challenged.
Field Sobriety Tests (FSTs)
FSTs are highly subjective. The invalidity of these tests can be disputed by your attorney, asserting that they were not performed and conducted correctly per the strict requirements presented by the National Highway Traffic Safety Administration (NHTSA). Factors like uneven ground, faulty instructions, or medical conditions that compromise your performance in these tests can be used to discredit your performance.
Breath Test
The breathalyzer devices are not accurate all the time. The laws regulating the use and possession of these devices are contained in Title 17 of the California Code of Regulations. The most crucial component of this regulation is the mandatory 15-minute period of observation that an officer should maintain before administering the test. The officer should be careful that you have neither eaten, drunk, smoked, vomited, nor regurgitated since this period, as it may give false readings because residual “mouth alcohol” can distort the results.
If the officer failed to follow this procedure, the results of the breathalyser may be contested and even suppressed. Your Bonsall DUI attorney can also challenge the maintenance and calibration records of the device used.
Blood Test
Blood tests are often considered the most reliable, but can also be contested. Your lawyer can ask questions about the chain of custody of the blood sample, which tracks down all the people who handled it from the moment it was drawn till it was tested. Any discontinuity or error in this chain may doubt the sample’s integrity.
Moreover, you may question the qualifications of the individual who drew the blood sample or the procedures and equipment that the laboratory employed to analyze the sample.
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The “Rising BAC” Defense
The rising blood alcohol defense is one of the strongest in countering the DUI charge. It is based on the scientific fact that it takes a long time for alcohol to be fully absorbed into your bloodstream and for your BAC to peak. If you were stopped soon after you finished drinking, your BAC may have been under the legal drinking limit of 0.08% when you were driving. Nevertheless, when you were tested at the police station, which may be an hour or more later, your BAC may have kept increasing and eventually exceeded the limits of the law.
This defense can create reasonable doubt and potentially lead to a dismissal or reduction of the charges.
How a DUI Affects Your Driving Points
A DUI conviction is a very serious offense, and it will have a direct effect on your driving record. A conviction will give you two points on your record with the California Department of Motor Vehicles (DMV), which has far-reaching effects other than the immediate penalty of the DUI itself.
The state has the Negligent Operator Treatment System (NOTS) that it uses to keep track of the drivers’ records. In this system, the traffic violation has a point value that can cause the license suspension if too many points are generated in a specific period. For a Class C license, the thresholds of NOTS are:
- 4 points in 1 year
- 6 points in 2 years
- 8 points in 3 years
A DUI conviction is a two-point violation and may easily expose you to the danger of license suspension. Should you have any other moving violations on your record, including a speeding ticket or an at-fault accident (which usually result in one point each), then a DUI conviction may cause an instant suspension on the NOTS.
Importantly, a points-based suspension by DMV differs from the court-ordered license suspension and administrative per se (APS) suspension by the DMV after your arrest. This means you could face multiple, consecutive periods of license suspension. A DUI conviction stays in your driving record for 10 years, leading to significantly higher auto insurance premiums during that time. An experienced Bonsall DUI lawyer will be able to guide you through this complicated procedure and make the best of the case, despite the damage to your driving record and your life.
Find a DUI Attorney Near Me
A DUI accusation may seem like the end of the world, but remember, it is not a conviction. The legal process is complex, and as you have learned, numerous defense strategies are available to challenge the charges. A skilled and seasoned Bonsall DUI lawyer can be the best asset, as it guarantees your right to a fair trial and fights to secure the best possible outcome for your future. Contact San Diego DUI Attorney at 619-535-7150 for a confidential consultation.
