A DUI arrest in Descanso Junction is severe enough to cause you stress. In addition to a possible jail sentence and a big court fine after a conviction, you are left with a damaging criminal record that can affect your career, social life, and future legal issues. A DUI conviction can lead to the suspension of your license, meaning that you do not get to drive until the DMV lifts the suspension. If the sentence is severe, the DMV can permanently revoke your license.
However, you do not have to worry about these and other severe consequences if you have the help of an experienced DUI defense attorney. At San Diego DUI Attorney. We have an experienced legal team that will help you navigate the complex legal process, fight for your civil rights, and defend yourself against the DUI charges. We can help influence the court’s decision to achieve a favorable verdict in the case.
Types of DUI Charges a Skilled Descanso Junction DUI Attorney Can Help With
A DUI occurs when you drive a vehicle and are impaired by drugs or alcohol. You can be charged with a DUI if your driving is impaired by alcohol or drugs, or you have a higher-than-standard alcohol concentration level in your blood. For regular drivers, the standard is set at 0.08%, while for drivers for hire, it is set at 0.04%. Impaired driving is deduced from the manner in which you appear while on the road. It could be that you are driving recklessly or speeding. You can be charged with DUI for impaired driving, for having a higher BAC level than allowed, or for both.
Here are typical DUI charges under California law:
Misdemeanor DUI
You can face misdemeanor DUI charges if you face an arrest for a first, second, or third DUI within ten years. However, there should not be any aggravating factors in your case, like an injury, death, or a minor. DUI is priorable, meaning that every prior DUI on your criminal background within a ten-year period determines your charges.
Although a misdemeanor is not as severe as a felony, its penalties are still life-changing. You could ace the following penalties:
- Misdemeanor probation for three years or,
- Six months in jail
- $390 to $1000 in court fines, plus penalty assessment fees
- Suspension of your license for six months to two years
- Mandatory DUI program for three to nine months
You can apply for a limited license after six months to drive to and from school, work, the grocery store, or DUI school. However, you must install an IID system in the vehicle to avoid driving while impaired when on probation
Felony DUI
A criminal charge for felony DUI is likely under these circumstances:
- If you have at least three prior DUI convictions on your record within 10 years
- You caused an accident while driving under the influence, and someone died or was injured
- You already have a felony DUI on your record
- You had a child in the vehicle, and they were aged fourteen or younger during the time of the offense
A felony DUI conviction can result in the following penalties:
- 16 months to 16 years in prison, depending on the severity of the case
- Felony probation for five years after serving some time in prison
- A maximum of $10,000 in court fines
- Suspension of your driver’s license for up to five years, or revocation of your license in extreme cases
- If you qualify for a restricted license, you could be required to install and maintain an IID system in your vehicle for up to three years.
- Completion of a court-ordered DUI school for 30 months
- A damaging criminal record can affect your life for years after the conviction
Underage DUI
Underage drivers (21 years or younger) are not expected to operate a vehicle with any amount of alcohol in their system, according to the zero-tolerance law. If you are arrested with even a 0.01% alcohol level in your blood, you could face the following penalties:
- Suspension of your driver’s license for one year and a court fine of $250 if your BAC level ranges from 0.01% to 0.04%.
- Suspension of your driver’s license for one year, up to $250 in court fines, and two points on your driving record if your BAC ranges from 0.05% to 0.07%. You are also required to attend a mandatory alcohol program in a court-ordered institution.
- Suspension of your driver’s license for one year, a six-month jail term, or five years of misdemeanor probation, $ 1,000 in fines, and two points on your driving record if your BAC is 0.08% or higher. You must also attend a court-ordered DUI program.
The DMV can impound your vehicle for 30 days or more, depending on the severity of the case.
Commercial DUI
A commercial DUI occurs when a driver operating on a commercial driver’s license operates a commercial motor vehicle with a BAC of 0.04% or higher. Commercial drivers have a lower BAC limit than standard drivers because they have a higher duty of care when operating vehicles for hire. If you are convicted of commercial DUI, you could receive the following penalties:
- Driver’s license suspension for one year for first-time offenders, and license revocation for repeat offenders
- Jail time for one year, or prison time for up to fifteen years, depending on the severity of the offense and the number of prior DUIs on your record
- You can apply for a limited license, but your commercial driving privileges remain suspended for the mandatory period.
- Mandatory DUI program for up to 30 months
DUI Causing Death or Injury
Causing an accident while driving while impaired by alcohol, drugs, or both is a significant violation. The legal penalties you receive will depend on whether there was property damage, an injury, or death. An injury can be minor or severe, and this, too, will determine the severity of your penalties. Typically, DUI causing a death or injury is a felony offense. You could receive the following penalties upon conviction:
- A prison sentence from 16 months to 16 years
- Felony probation after serving a mandatory sentence in jail
- A court fine of up to $10,000
- Suspension of your driver’s license for up to five years
- Restitution to the injured victims, or the family of the deceased
- Mandatory participation in a DUI program for a specified period
The penalties will likely increase if there are aggravating factors in your case, like a child aged 14 or younger, or a BAC of 0.15 or higher.
DUI Investigations and Arrests
A DUI investigation starts once an officer stops you on suspicion of driving while impaired by alcohol or drugs. This can happen while you are driving or at a designated DUI checkpoint. If an officer stops you at a road, they must have probable cause to stop you for a DUI investigation. This prevents bias by law enforcement officers, who have previously been accused of stopping individuals or vehicles that appear suspicious on suspicion of DUI.
When an officer stops you, they will ask you to pull aside and roll down your window. This enables clear communication, as the officer asks questions, checks how you respond, and investigates you for signs of intoxication. Whether you are stopped by the road or at a checkpoint, you must find a safe place to stop without impending traffic. You are also expected to cooperate with the investigation without incriminating yourself.
Here are general steps in a DUI investigation you should be aware of:
How You Drive
The first thing an officer notices when investigating a DUI is how you drive. Since alcohol or drugs impair your ability to operate a vehicle safely, you could speed, drive recklessly, appear distracted, or violate any other traffic rule when intoxicated. This gives the officer probable cause to stop you. The officer will also check how accurately, or otherwise, you pull over by the road after being flagged down.
Your Physical Symptoms
The officer will start by asking for your license and registration, as they observe how accurately you retrieve the documents. They will also observe you for any physical signs of intoxication, like bloodshot eyes, a flushed face, a slurred speech, or uncoordinated hand movements. They can also suspect you further if you have an alcoholic breath.
Your Performance on Field Sobriety Tests
The officer can ask you to perform some field sobriety tests by the road, to test your coordination nd balance. For example, they can ask you to take steps on a straight line, back and forth, or to stand on one leg for a few seconds. Field sobriety tests are usually standardized, meaning that your performance can be used as evidence to support or counter your DUI charges.
Your Behavior or Words During the Investigation
The officer will also be keen on how you behave or what you say during the DUI investigation. Anything you do or say can be used against you during the trial. If you make incriminating statements while trying to defend yourself, the prosecution can use them as evidence against you. If the officer places you under arrest, they must read your Miranda rights. This way, you can choose to remain quiet and only answer under the guidance of your Descanso Junction DUI attorney.
Your Performance on Chemical Tests
Law enforcement officers also conduct chemical tests tpo determine a driver’s BAC if they are suspected of operating a car while high on alcohol or drugs. The officer can use a breathalyzer, or test your blood or urine, depending on the circumstances of the case. A breathalyzer is usually administered after a DUI arrest to determine how much alcohol is in your blood. The results will be used to support your DUI charges during the trial.
The investigating officer must provide a detailed report about your performance and the probable cause for arrest. If there are signs of intoxication, but your BAC is below the standard allowed by the law, the officer can conduct further investigation to determine the cause of your intoxication or impairment. They may test your urine or blood for drugs.
Typically, a DUI investigation aims to provide credible evidence that you are operating a car while impaired by alcohol, drugs, or both. Once sufficient evidence is gathered, a prosecutor will file your case in court, and a judge will set a hearing date.
How To Fight DUI Charges with the Help of a Competent Descanso Junction DUI Attorney
A DUI trial seeks to determine whether you are guilty of the charges you face. The prosecutor can file charges under VC 23152(a) for operating a car while impaired by alcohol or drugs, under VC 23152(b) for breaking the DUI per se law, or under both statutes. Remember that the consequences of a DUI conviction are severe, even for a first offender. You could spend time in jail, pay a high court fine, lose your driving privileges through driver’s license suspension, and be left with a damaging criminal record for at least 10 years.
However, you can avoid all these and other severe consequences of a conviction by putting up a strong defense against the charges. Here are legal defense strategies that an experienced Descanso Junction DUI attorney can use for a favorable outcome in a DUI case:
The Police Lack Probable Cause for the Arrest
Remember that probable cause is critical in a DUI arrest. An officer cannot randomly investigate you for a DUI unless you did something that caught their attention nd prompted a DUI investigation. If you suspect that the officer randomly stopped you and that you were not stopped at a checkpoint, your lawyer can use this strategy to have the court drop the DUI charges. If there is any suspicion that you were picked on because of your physical appearance or the vehicle you drove, this is a serious violation of your rights by the police.
The DUI Checkpoint was Unlawful
While officers can randomly investigate motorists for DUI at a checkpoint, the checkpoint must be legal. A legal checkpoint is strategically located and planned well in advance of its implementation. The public must be notified of the checkpoint. Additionally, an officer must be appointed to take charge. There should be predetermined criteria through which the police must stop motorists for a DUI investigation. If one or more of these requirements were not adhered to, a skilled lawyer can cite that the checkpoint is illegal. This automatically means that your arrest was also unlawful.
Your BAC Was Inaccurate
If the prosecutor’s strongest evidence against you is the BAC test results, you can challenge them to convince the judge to reduce or drop the charges. Your BAC results can be inaccurate if something else on your breath, other than alcohol, caused a false positive. It can be a product you used that has alcohol in it, like a mouthwash, before taking the test, or acid reflux.
Your BAC results can also be inaccurate if the breathalyzer is faulty. Like other technical devices, faulty breathalyzers can easily yield incorrect results. An experienced attorney will investigate the prior performance of the breathalyzer used on you to support their claims. If they create enough reasonable doubt in the prosecutor’s case, the judge may dismiss your BAC results from evidence.
Your Field Sobriety Tests Are Inaccurate
You can also obtain favorable results in your case if your field sobriety tests are inaccurate. Remember that field sobriety tests are often performed on the roadside, sometimes in inadequate lighting conditions. Failing such a test is not always proof that you are impaired. You can fail if you take some tests while tired, inappropriately dressed, on uneven pavement, or if the place is not well-lit. Any such argument will create reasonable doubt in the prosecutor’s case. This can cause the judge to dismiss the results as evidence, leaving the prosecutor with inadequate evidence to obtain a conviction.
A Plea Bargain
An experienced Descanso Junction DUI Attorney can accept a plea bargain to protect you from an uncertain trial and for a favorable result in the case. A plea bargain means that you will take a less severe charge, like a wet reckless charge, in place of a DUI charge. A wet reckless charge has less severe penalties than DUI. If the prosecutor agrees to the plea deal, you will plead guilty to the less-severe offense and accept the judge’s sentence.
Find an Experience Descanso Junction DUI Attorney Near Me
A DUI conviction in Descanso Junction is life-changing. It can lead to severe criminal penalties and a damaging criminal record that may affect your social and professional lives. However, facing a DUI charge does not automatically mean you are guilty. You can fight your charges during the trial to avoid a conviction and its severe consequences. A skilled DUI attorney can help.
We offer competent legal advice, guidance, and support to defendants facing DUI charges at San Diego DUI Attorney. We understand how confusing it can be when you are arrested and unsure of what to expect. We can explain your legal situation, discuss your options, inform you of your arrest, and help you with your defense. Together, we can fight for the best possible outcome in your case. Contact us at 619-535-7150 to start the legal process with us.
