Doghouse Junction

As a driver or motorist, a single mistake, like changing lanes improperly or driving beyond the posted speed limit, can lead to a traffic stop. In many cases, a traffic stop will only attract a warning or traffic ticket. However, if the police have probable cause to believe you are driving under the influence of alcohol, drugs, or a combination of both, the traffic stop could attract DUI charges.

Unfortunately, you could face a DUI offense even if your blood alcohol concentration (BAC) was below the legal threshold of 0.08%. If you are under arrest as a suspect in a DUI case, understanding the DUI court process is vital, especially if it is your first time.

Aside from the possibility of incarceration, a DUI offense conviction could taint your criminal record and negatively affect several aspects of your life, including job opportunities. If you are in this situation in Doghouse Junction, our credible defense attorneys at San Diego DUI Attorney can help secure a favorable result.

Understanding DUI Offense Under Vehicle Code (VC) 23152

Driving under the influence, also abbreviated as DUI, is a serious crime in the eyes of the court. Aside from putting yourself at risk of injury, driving under the influence puts other motorists at risk of severe injuries or death when an accident occurs.

According to Vehicle Code (VC) 23152, you commit a DUI offense when you drive under the influence of drugs, alcohol, or a combined influence of both. Here is a more detailed breakdown:

1. Driving Under the Influence of Alcohol

Also known as drunk driving, operating a vehicle with alcohol in your system is illegal under VC 23152(a). However, if your BAC at the time of the arrest was 0.08% or higher, you will face DUI charges under VC 23152(b). Driving with a BAC of 0.04% or above is unlawful if you are a commercial driver.

On the other hand, if you are under 21 years of age, driving with any amount of alcohol in your system will be illegal under zero-tolerance laws.

2. Driving Under the Influence of Drugs

According to VC 23152(f), it is illegal to operate a car while impaired by drugs. Drugs covered under this statute include:

• Prescription drugs, like codeine and opiates
• Over-the-counter drugs, like antihistamines
• Lawful drugs, like marijuana
• Illegal drugs like methamphetamine, cocaine, and heroin

3. Driving Under the Combined Influence of Drugs and Alcohol

VC 23152(g) makes it illegal to drive under the combined influence of both drugs and alcohol. Drugs covered under this section are similar to the ones mentioned above.

4. Violation of Per Se Laws

Per se DUI laws apply when you drive with a BAC above the legal threshold, regardless of whether you appear impaired.

Understanding a Traffic Stop and The DUI Arrest Process

A DUI arrest starts with a traffic stop. However, the police do not stop every vehicle on the road. Driving erratically, making improper lane changes, making U-turns, or using broken tail lights are some of the reasons that could cause an officer to select your vehicle to make a traffic stop.

Once you pull over your vehicle, the police could begin a DUI investigation to determine if you were driving under the influence. Even if your improper lane change or speeding was the cause of the traffic stop, some specific behaviors or articulate facts during your interaction with the officer could give him/her reasonable suspicion to believe that you were driving under the influence.

For example, slurred speech, red or watery eyes, and alcohol odor from your mouth could make the officer believe you were driving under the influence. However, for a DUI arrest to occur, the police officer will need probable cause.

A probable cause is a higher standard necessary to initiate a DUI arrest. For example, poor performance on your field sobriety tests (FSTs) and positive breathalyzer test results could count as probable cause for your DUI arrest. FSTs are a series of physical tests an officer requires you to perform to determine whether you have the proper mental and physical ability to drive cautiously like a sober driver.

Common standard FSTs the officer could ask you to perform during the DUI investigation include the following:

• Walk-and-turn tests
• One-leg stand
• Horizontal gaze nystagmus

After a DUI arrest in Doghouse Junction, officers will transport you to the station for booking, where the booking officer will:

• Record your legal name
• The alleged offense details
• Take your mugshots and fingerprints
• Thoroughly search your person for contrabands

Remember, during a DUI arrest, you have legal rights like any other arrestee, including the following:

• The right to stay silent to avoid self-incrimination
• The right to retain the services of an attorney
• The right to fair treatment

If the police violate your rights during the arrest or booking process, it could invalidate the alleged DUI charges and benefit your case’s outcome. Having a skilled Doghouse Junction DUI attorney is key if you are under arrest or investigation as a suspect in a DUI case.

Common Misconceptions About a DUI Charge

Some common misconceptions about DUI charges could prevent you from making an informed decision when you are under arrest as a suspect in a DUI-related offense. One common misconception is that FSTs are mandatory when a police officer selects your vehicle to pull over for a brief DUI investigation.

However, you are not legally obligated to take these tests when pulled over by a police officer as a suspect in a DUI-related case. The FSTs are subjective, and you can choose to decline them because their accuracy could be affected by several factors, including:

• Fatigue
• Nervousness
• Lighting
• The type of shoes you are wearing
• Certain medical conditions
• Weather conditions

Another common myth or misconception about DUI charges is about the preliminary alcohol screening (PAS) test, also known as a breathalyzer test. Once you pull over your car at a sobriety checkpoint, the officers could ask you to blow a breathalyzer to determine whether you have alcohol traces on your breath vapor.

Unless you are on probation or are under 21 years old, you are not legally obligated to take the PAS test when pulled over by a police officer as a suspect in a DUI case. If you are under 21, refusing the PAS test could lead to suspension of your driver’s license (DL). However, regardless of your age, you are legally obligated to agree to a chemical test while at the police station upon your arrest for an alleged DUI offense.

Under VC 23612’s implied consent law, you must submit to a chemical test after a lawful DUI arrest. Refusing to do that could lead to automatic suspension of your DL and an enhanced sentence upon a DUI charge conviction at trial.

What to Expect at the Department of Motor Vehicles (DMV) Hearing Upon a DUI Arrest

Upon arrest in Doghouse Junction as a suspect in a DUI-related case, you will face two different legal proceedings, including:

• Per se hearing at the DMV
• A criminal DUI charge in court

Unlike a criminal DUI case, the DMV hearing focuses solely on your driving privileges. That means you cannot go to jail or receive any sentence at the end of this hearing. Upon a DUI arrest, the arresting officer will issue you a pink paper (notice of suspension), which will expire after thirty (30) days, meaning your DL suspension will go into effect immediately.

However, you can avoid this by requesting a DMV hearing within ten (10) days after receiving the pink paper. When you fail to request this hearing, the DMV will not schedule a hearing to determine whether you should keep your driving privileges, meaning they automatically suspend your DL after 30 days.

However, once the DMV schedules the hearing, the suspension will remain on hold until you receive an outcome of the hearing. The DMV hearing can occur over the phone or at the DMV offices, and the hearing officer you should expect during the proceeding is an employee of the DMV. During this hearing, you have a legal right to do the following:

• Hire a DUI attorney
• Review and challenge the evidence the arresting officer has against you
• Testify
• Cross-examine all witnesses presented by the arresting officer against you

Unlike a criminal DUI court case, the burden of proof needed during the DMV hearing is substantially lower. The DMV officer will listen to the officer’s argument and decide whether the preponderance of evidence presented is sufficient to prove you were driving under the influence. If the DMV hearing officer decides you were driving under the influence, he/she will sustain and uphold the action.

That means your DL will remain suspended. However, if you win the case, the DMV hearing officer will set aside the action and reverse the DL suspension. That means you will retain your driving privileges. The evidence your attorney will use to win this hearing could be helpful when crafting legal defenses to challenge the alleged DUI offense in court. Examples of these legal defenses include:

• You were not driving
• Your BAC was legal
• The officers lacked probable cause for your arrest or reasonable suspicion for the traffic stop
• The arresting officers did not inform you of the legal consequences of chemical test refusal

Court Hearings to Expect After a DUI Arrest and Booking

After an arrest as a suspect in a DUI case, you should prepare adequately for the following court hearings to increase your odds of securing the best possible outcome.

1. The Arraignment or Bail Hearing

While the criminal court process begins with an arrest, the arraignment will be your first court hearing. During this initial hearing, the judge will:

• Inform you of legal rights, including the right against self-incrimination and the right to hire an attorney if you do not want legal representation from a public defender
• Inform you of the allegations you are up against
• Inform you of your plea options, including no contest, guilty, and not guilty plea

Understanding the intricacies of this stage of the legal justice system is vital because it sets the tone for how the alleged DUI case will proceed. Before entering any plea, you should understand the possible repercussions of each choice because it can negatively affect the outcome of your case.

For example, when you enter a “guilty” plea, your case will proceed to the sentencing phase, where the judge will determine your unique case’s sentence. Before you enter any plea, you should seek your attorney’s legal guidance for the best possible outcome on your case. While you can choose to attend this hearing, if you are already out of jail on bail, your attorney can show up on your behalf.

However, if you are still in legal custody, the court will determine whether you are an excellent candidate to post bail and the amount you should pay for your unique case. Bail is the amount you pay the court’s clerk to act as security for your pretrial release as your case continues. When determining whether you are eligible to post bail, the court will consider the following:

• Whether you have a criminal history
• Whether you have a history of failing to appear in court after posting bail
• Whether you are a flight risk
• Your unique case’s facts
• Your attorney’s mitigating arguments

If you are a first-time offender, your bail for the alleged DUI offense could range from $5,000 to $10,000. However, if you are a repeat offender or your DUI offense is a felony, this amount could increase. With the legal assistance of your attorney, you could also qualify for an Own Recognizance release, meaning you do not have to post bail to secure your temporary freedom pending your case’s trial date.

2. The Pretrial Hearing

The pretrial phase of the court process involves a series of legal proceedings and motions. During this stage, your attorney and the prosecutor will discuss the possible plea bargain options suitable for your case and address any procedural issues.

One vital aspect of this second phase of the legal justice system is the opportunity to file various motions that can weaken your case or have it dismissed. Examples of these motions include:

• The motion to dismiss your case
• The motion to suppress evidence

The suitable motion to file will depend on the facts of your unique case. For example, if your attorney believes the prosecutor has illegally obtained evidence against you, he/she can file a motion to suppress the evidence, meaning it will not apply against you at trial.

3. The Trial Hearing

At this phase of the legal justice system, the court will decide whether the allegations you are up against are true. If the prosecutor can prove and support his/her case beyond a reasonable doubt, the court will convict you for a DUI offense. However, if his/her evidence against you is weak or unmerited, the court will drop or reduce your DUI charges.

4. The Sentencing Hearing

As the name suggests, this is the phase where the court determines the sentence you will receive for your DUI offense conviction. The sentence you will receive upon a DUI conviction will depend on the facts of your case and whether you are a repeat offender. For a first DUI offense conviction, your sentence will include:

• Forty-eight (48) to six (6) months of jail time
• A fine of between $390 and $1000
• Enroll in a DUI school for three or nine months
• Driver’s license suspension for up to six (6) months
• Misdemeanor probation

However, the above sentence could be harsher if any of the following is true:

• You were speeding
• You caused an accident
• You had a child aged below fourteen (14) years onboard
• You had an open alcohol container in your vehicle
• You refused to take a chemical test upon arrest
• Your BAC level at the time of the arrest was 0.15% or higher

How to Challenge a DUI-related Charge

Winning any DUI-related charge requires aggressive legal representation, and hiring an experienced defense attorney is the first place to start. The DUI attorney you choose can present the following legal defenses at trial to help you secure a favorable outcome when charged with a DUI offense:

• The breathalyzer equipment used was tainted or defective
• The arresting officers did not give you proper instructions during the FSTs
• You have a medical health issue that causes traces of alcohol in your mouth, for example, GERD (gastrointestinal reflux disease)
• The arresting officers lacked probable cause for your DUI arrest
• Objective signs of intoxication were due to innocent reasons, like fatigue
• You are a victim of police misconduct

A skilled Doghouse Junction DUI attorney will know the best legal defenses to use in your case to secure a favorable verdict. Examples of evidence your attorney could use to support these legal defenses include eyewitness testimonies, surveillance videos, expert forensic testimony, or accident reconstruction expert testimony.

Find a Doghouse Junction DUI Attorney Near Me

As you can see above, retaining the services of an attorney when you are under arrest or charged with a DUI offense is a decision you cannot regret. An attorney’s legal counsel and representation in court could mean the difference between a dismissal of your DUI case or a lighter charge.

We invite you to call our reliable attorneys at San Diego DUI Attorney at 619-535-7150 if you or a loved one is under investigation or charged with a DUI offense.