Being arrested for Driving Under the Influence of Drugs or alcohol (DUI) in Boulevard, California, can attract serious consequences that impact your freedom, driving privileges, finances, and future. Even a first-time DUI offense can result in fines, license suspension, jail time, and increased insurance premiums.
At San Diego DUI Attorney, our lawyers are ready to assist you with the Department of Motor Vehicles (DMV) hearing and the criminal court case. We can contest the traffic stop, the testing, and the procedures used during your arrest and help build solid defenses.
An Overview of the DUI Laws in California and How They Work in Boulevard
A DUI charge in Boulevard, California, means you must follow the laws in the California Vehicle Code 23152.
Defining a DUI
In California, DUI charges can be filed in two main ways, often at the same time. Even if your blood alcohol concentration (BAC) is below 0.08%, you can still be charged with DUI if you show signs of impairment
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Vehicle Code 23152(a) – Driving While Impaired by Alcohol or Drugs:
It is illegal to drive while under the influence of alcohol, drugs, or a combination of both. Being “under the influence” means your mental or physical abilities are so impaired that you can no longer drive as safely as a sober person under similar circumstances.
Officers determine impairment by looking at several factors, including:
- Actions while driving (For example, swerving)
- They look for signs such as red eyes and slurred speech
- How you perform at Field Sobriety Tests (FSTs)
- What you say during the interview
VC 23152(a)
You can be charged under VC 23152(a) even if your BAC is below 0.08% if the officer believes your driving was impaired by alcohol or drugs. Factors like fatigue, stress, medical conditions, or weather can mimic signs of impairment. A defense attorney may review reports and bodycam footage to challenge the officer’s observations.
VC 23152(b)
VC 23152(b) makes it illegal to drive with a BAC of 0.08% or higher. This is known as a per se DUI, meaning the BAC level alone is enough to justify a charge, regardless of actual driving behavior.
To convict under this section, the prosecution must prove you were driving and had a BAC of 0.08% or more. After an arrest, you will be required to take a breath or blood test. If your BAC is 0.08% or higher within three hours of driving, the law presumes it was that high while you were driving. However, a lawyer may argue that your BAC rose after you stopped.
If your BAC is 0.08% or more, prosecutors often charge both VC 23152(a) and (b). This doesn’t mean double penalties. The two charges are simply alternate ways to show that a DUI offense occurred.
Differing BAC Limits Based on Who Is Driving
While most states consider 0.08% the standard BAC limit for adults, California has even stricter rules for different drivers:
- When driving commercial vehicles such as trucks or buses, commercial drivers are restricted to a blood alcohol level of 0.04%.
- Drivers younger than 21 are held to a “Zero Tolerance” rule in California. If you are under 21 and your blood alcohol level is 0.01% or higher, you can be arrested. Even substances like mouthwash can trigger a BAC reading under this zero-tolerance policy. A blood alcohol concentration (BAC) of 0.05% or more brings extra penalties. At 0.08% or above, the minor can face the exact charges as an adult.
- If you are on probation for a previous DUI, your BAC must be under 0.01%. A breach of the rules may result in your license being suspended.
- For Uber or taxi drivers, the BAC limit is also 0.04%.
Implied Consent Law
If you are arrested for a DUI in California, you are legally required to take a chemical test, usually a breath or blood test. If drug use is suspected, officers may request a blood or urine test instead.
The officer must inform you of this requirement after your arrest. Refusing or failing to complete the test can result in license suspension and other penalties, even if you are acquitted of DUI. These penalties include:
- A longer jail sentence if convicted
- License suspension
- Additional DMV penalties
License suspension periods for refusing a chemical test are:
- 1 year for a first refusal
- 2 years for a second refusal within 10 years
- 3 years for a third or subsequent refusal
Restricted licenses are typically not available during these suspensions.
You should note that anyone over 21 who is not on DUI probation can choose not to take the tests. Those under 21 and those on DUI probation are required to take the PAS.
Although those convicted of refusing a blood test may no longer automatically receive extra jail time, a DMV suspension still applies. Refusal can also be used in court as evidence that you knew you were impaired.
The post-arrest chemical test is not the same as the Preliminary Alcohol Screening (PAS) test, which is done before arrest using a handheld breathalyzer. If you are 21 or older and not on DUI probation, you may legally refuse the PAS test. However, if you are under 21 or on DUI probation, refusing the PAS test can result in license suspension.
You do not have the right to speak with an attorney before deciding whether to take a post-arrest chemical test. California’s implied consent law means that delaying or asking for a lawyer before taking the test may count as a refusal and carry the same penalties.
The Steps of a DUI Arrest in Boulevard
If you are stopped for a DUI in Boulevard, knowing what to expect can help protect your rights. The San Diego County Sheriff’s Department or the California Highway Patrol handles most DUI arrests.
Why You Might Be Stopped
Police need reasonable suspicion to pull you over. Common reasons include:
- Speeding or driving too slowly
- Weaving between lanes
- Ignoring traffic signals
- Unsafe turns or lane changes
- Equipment issues, like broken lights
After stopping you, officers may look for signs of impairment, such as:
- Smell of alcohol
- Slurred speech
- Red or watery eyes
- Confusion or slow responses
- Admissions of drinking or drug use
However, these signs can also be caused by fatigue, illness, or allergies. The prosecution must prove beyond a reasonable doubt that these signs are a result of drunk driving.
Field Sobriety and Breath Tests
If the officer suspects impairment, they may ask you to perform Field Sobriety Tests (FSTs), like walking a straight line or balancing on one leg, and may also request a Preliminary Breath Test (PBT). Preliminary Alcohol Screening (PAS) using a handheld breathalyzer.
What Happens During and After Your Arrest
If officers determine there is probable cause, they will place you under arrest. You are required to take a breath or blood test after you are arrested. Refusing the test results in a longer suspension of your driver’s license. You can ask for a DMV hearing within 10 days to challenge the suspension.
Booking and Towing Process
Upon arrest, you will undergo the booking process where your details, such as fingerprints and mugshots, will be taken, and your vehicle will also be towed.
What to Expect When You Are Facing a DUI Charge
A DUI arrest in Boulevard means you have to deal with two different legal processes.
- DMV Hearing: This is concerned with your driver’s license
- A Criminal Court Case: Here, you face prosecution for the DUI charge
These proceedings are independent of each other, meaning success in one does not guarantee a favorable outcome in the other.
Administrative Hearings at the DMV
You need to request a DMV Administrative Per Se (APS) hearing within 10 days of your arrest to prevent your license from being suspended. This is not a case being tried in a criminal court. A DMV hearing officer (not a judge) decides whether or not to suspend the license after reviewing the arrest details.
Advantages of having a DMV Hearing
If your attorney uses a subpoena to call the officer, their testimony is recorded. It allows you to find issues in the case early and improves your defense when the case goes to court.
- Discussions and Consideration at the Hearing
- Was there a valid reason for the officer to pull you over?
- Was there probable cause for the officer to make the arrest?
- Was your blood alcohol concentration above the legal limit?
- Did you decline to take a chemical test?
If you do not apply within 10 days, your license will be suspended without further notice. Asking for a hearing stops the suspension until the decision is made.
Criminal Court Proceedings
The arraignment is your first court appearance, where you hear the charges and enter a plea.
- Not Guilty: Preserves your right to a trial and to challenge the evidence.
- Guilty or No Contest: Leads to sentencing, which may include fines, license suspension, DUI classes, and possibly jail time, especially if there are aggravating factors.
You may be offered a reduced charge called a “wet reckless”, which still involves alcohol but carries lighter penalties than a DUI. If no plea deal is reached, your case may go to trial.
Penalties for a DUI Conviction
In Boulevard, California, the penalties for a DUI depend on your previous DUIs, your BAC and if there were aggravating factors such as accidents, speeding or refusing a chemical test.
First DUI Conviction (Misdemeanor)
If it is your first DUI, you might be charged with a base fine of $390–$1,000. With additional fees, the total cost is between $2,000 and $3,500.
- Jail Time: Up to 6 months, though courts often reduce this to 48 hours or community service for first-time offenders.
- DMV will likely suspend your license for 4–10 months. The suspension is longer if you refused to take a chemical test. You may be able to obtain a restricted license.
- Your time in DUI School will depend on your BAC and can be 3–9 months.
- IID (Ignition Interlock Device): Usually must be used for 6 months.
Second DUI Offense (Occurring Within 10 Years)
- You could be sentenced to 96 hours to 1 year in jail.
- Higher total fines than you would pay for a first offense.
- Your driver’s license could be suspended for up to 2 years, but a restricted license with IID may be given.
- DUI School: 18–30 months.
- You must install an IID for at least 1 year.
Third DUI Offense Committed Within the Past 10 Years
- You may be sentenced to up to 1 year in jail
- Your driver’s license may be revoked for 3 years.
- You are required to attend DUI School for 30 months.
- You are also required to have an IID for 2 years.
Felony DUI
A DUI offense is charged as a felony if you:
Cause harm or death to someone
Have three or more prior DUI convictions within 10 years
Have a prior felony DUI.
4th DUI in the last 10 years.
A felony DUI results in:
- Prison time
- Paying heavy fines
- Losing your driver’s license for an extended period
- Losing some civil rights
- Having a permanent criminal record.
Collateral Consequences
A DUI conviction can make it difficult to get a job, rent housing, obtain licenses, attend school, or travel. However, expungement can eliminate your criminal record and may help secure employment, but it does not remove the DUI from your 10-year DMV driving record.
Aggravating Factors That Increase DUI Penalties
Even for a first offense, certain factors can lead to harsher penalties, including
- Longer jail time
- Heavier fines
- Extended license suspension
- Longer DUI programs
- Mandatory ignition interlock devices (IIDs).
These factors include:
- High BAC: A BAC of 0.15% or higher may lead to longer jail time, a 9-month DUI course, longer license suspension, and IID use. At 0.20% or higher, penalties are even more severe.
- Refusing a Chemical Test: Results in longer license suspension, extended DUI school, and additional jail time. Starting January 2025, refusing a blood test will no longer automatically add jail time, but refusing a breath or urine test still can.
- Child Passenger: Having a child under 14 in the car can lead to additional jail time and a possible child endangerment charge.
- Causing Injury or Speeding: May lead to felony charges and more jail time.
- Prior DUIs or Probation: Increases all penalties and may result in felony charges.
Legal Defenses to DUI Charges
A DUI arrest does not automatically result in a conviction. Depending on the situation, a DUI attorney may use various strategies to defend you.
Challenging the Traffic Stop
You can only be stopped by police if they have a valid reason (reasonable suspicion). If this does not happen, your attorney could file a motion to prevent the use of field tests or chemical results obtained during the stop as evidence. Your attorney may use dashcam footage, road conditions, or medical records to challenge the legality of the stop.
Challenging The Results From Field Sobriety And Breath Tests
- External Factors That Can Affect Test Accuracy
Even sober drivers can fail FSTs due to poor weather, bad lighting, uneven surfaces, health issues (like vertigo), or wearing unsuitable shoes or clothing. Your lawyer could argue that external factors made you fail the FSTs, other than being impaired.
- Preliminary Alcohol Screening (PAS)
Portable breath test results can be affected by mouth alcohol from recent burping, dental work, or certain medical conditions. Your DUI attorney could argue that you were just flossing by the time you were pulled over and tested. This is especially so if you were driving well but were stopped for a checkup.
- Improper Testing Procedures
Officers must follow strict protocols when conducting FSTs or using breathalyzers. If procedures are not followed or equipment is not calibrated correctly, the results may be unreliable. Your lawyer can investigate the equipment used and present evidence of the unreliable equipment.
- Chemical Test Accuracy
Blood test results may be challenged if there are issues with the chain of custody, such as improper handling, labeling, or storage of the sample.
Rising BAC
Your blood alcohol level can increase as time goes on. If you had a drink right before driving, your BAC could have been legal then, but became higher when tested afterwards. Meaning you were sober while driving, even though you had drunk alcohol before driving and only became impaired after your arrest. An expert is able to explain this to the court.
Medical and Health-Related Issues
A person with GERD or diabetes may not get accurate results from a breath test. These conditions can cause your BAC levels to rise even though you have not taken alcohol or drugs. Some low-carb diets and certain medications can cause symptoms that look like intoxication.
Violations of Constitutional Rights
If police lacked a valid reason to stop or arrest you, failed to read your Miranda rights, or denied you access to a lawyer, the prosecution’s key evidence, especially your statements, may be excluded from the case. While a Miranda violation might not dismiss a DUI charge entirely, it can prevent your statements from being used against you.
Find a Reliable Boulevard DUI Attorney Near Me
A DUI charge in Boulevard can lead to serious and long-lasting consequences. However, being arrested does not mean you are guilty. You can use legal assistance to challenge the reasons for the traffic stop, the results of the tests, or other aspects of your case. You want to hire an experienced DUI attorney who will convince the judge to reduce or dismiss your charges. Your lawyer will also help you by building solid defenses and guiding you through your court and DMV proceedings.
At San Diego DUI Attorney, our lawyers are ready to represent you and protect your rights after a DUI arrest. Contact us today at 619-535-7150 for a free consultation and to secure your future.
