California has dedicated vast resources in funding the training and operations of DUI prosecutors for decades. The police and prosecutors are continually receiving training to convict you for DUI. How do you tip the scales of justice in your favor against such a system? How do you level the playing field when the odds seem against you?
Suppose the police arrest you for DUI in Dulzura, what do you do to ensure that you get your share of justice? You need to consult the San Diego DUI Attorney. We have the experience to represent you and put up a vigorous DUI defense for the best possible result. Contact us, and we will fight your DUI charges on your behalf.
Who We Are
We are a team of dedicated attorneys who have an outstanding track record in navigating the complex maze of DUI defense. We have a history of integrity and success in DUI defense. Our clients and peers respect us because we uphold honesty and ethical standards in our practice.
We have decades of experience in DUI defense and an in-depth understanding of California DUI laws. Our goal is to fight your charges and secure a favorable outcome. We dispute the prosecution’s case, work with the arresting officer’s testimony and question the officer in a way that is likely to tip the jurors’ attitudes in your favor. We analyze all the evidence and facts and utilize all the available resources, such as witness interviews and private investigators to support your case.
If you or a person you know is facing DUI charges, please contact us immediately. We will provide a free, confidential consultation to protect your rights and to inform you of the available options. We will assess your specific circumstances and the charges against you, and professionally advise you on the best defense options.
The Basics of DUI
Due to the numerous accidents resulting from impaired driving, California has stiff penalties for DUI of alcohol or drugs. A DUI charge has two main components:
Driving Under the Influence:This occurs when you operate a vehicle after consuming alcohol or drugs which impair your judgment. You face the charge regardless of your blood alcohol content if the arresting officer thinks that your perception is too compromised for you to drive safely.
Driving while your BAC is 0.08 or greater:Legally, the limit for driving after consuming alcohol is 0.08. Driving with a BAC above this limit constitutes a DUI offense.
The elements of California’s DUI legal process
Your DUI arrest triggers two separate elements in the legal process. The first element is facing criminal proceedings in court, while the second is an administrative procedure. Your arrest, whether for a first or second offense, will automatically trigger a DMV suspension which commences within 30 days after your arrest. However, you can delay the suspension if you send a DMV hearing request less than 10 days after your arrest. The suspension will not take effect until after your DMV hearing.
The two DUI elements are independent of each other. Even if the court dismisses or reduces your drunk driving charge, a DMV suspension proceeding could still jeopardize your driving privilege. It is still possible to get a license suspension without a conviction for DUI.
Potential DUI Penalties
The penalties for DUI vary depending on whether anybody suffers injuries from your DUI and whether your criminal record has prior DUIs. Prosecutors charge most DUI cases as misdemeanors, but if you have at least four priors or if someone is injured, the offense becomes a felony. Some convictions attract jail time, but in most cases, you can continue driving if you install an Ignition Interlock Device (IID).
A Dulzura DUI Attorney can increase the possibility of avoiding a DUI conviction or reducing the penalties if the court does not dismiss your charges. The attorneys will also represent you at your DMV suspension hearing.
Potential penalties for DUI include:
- Significant fines
- Prison or jail time
- DUI school
- Community service
- Ignition Interlock Device
- License suspension
Our DUI Defense Services in Dulzura
A DUI arrest remains in your criminal record for the long-term. In the short-term, it can result in hefty fines, jail time, a license suspension, among other unpleasant consequences. If you are in custody for DUI, you will need a qualified Dulzura DUI Attorney to employ all the possible strategies to fight your DUI charges.
We will defend you if you are facing any of the following charges:
First offense misdemeanor DUI
If it is your first conviction for DUI, the potential penalties include informal probation and three or nine months in a court-approved drug or alcohol education program. You will also need an IID in your car for at least six months for unrestricted driving. For your first DUI offense, you will not get jail time unless there are aggravating factors.
A first DUI arrest may also result in a 6 - 10-month suspension of your driver’s license, but the DMV may convert the suspension to a restriction. With a restricted license, you can drive to work, school, and DUI programs. After your arrest, an attorney can seek a DMV hearing to postpone or set aside the suspension of your license.
Second offense DUI
If your DUI conviction is the second one within 10 years, the possible penalties include summary probation for between three and five years, and between 96 hours and one year in county jail. Other penalties are fines ranging from $390 to $1,000, court-approved DUI school for 18 or 30 months, and a mandatory one year of IID installation. The alternative to an IID is a DMV license suspension for two years, which DMV can convert to a one-year restricted license.
Third offense DUI
A third DUI conviction in 10 years is punishable by informal probation for 3 - 5 years, between 120 days and one year of county jail time, and fines from $390 to $1,000. You also face 30 months of a court-approved DUI school and a 2-year IID installation for unrestricted driving. Without the IID, the DMV will impose a three-year suspension on your license, and you wait 18 months for the suspension to convert to a restricted license. For a third DUI, the DMV will also designate you as a habitual traffic offender (HTO).
California felony DUI
You will typically face California felony DUI if you acquire at least four DUI convictions within 10 years. The penalties include a state prison sentence for 16 months, two years or three, fines from $390 to $1,000, and 18 or 30 months in DUI school. You also get a mandatory one year IID installation or a license suspension for five years, and a DMV label as an HTO.
Aggravated DUI refers to the presence of other factors that indicate that your DUI was more severe than a regular DUI or that you have shown similar behavioral patterns. The circumstances below can lead to criminal charges, enhanced penalties, and jail time upon conviction.
DUI with injury
DUI with injury is among the most serious DUI charges. Depending on your criminal history and the circumstances surrounding your arrest, DUI with injury is a wobbler. For a misdemeanor DUI with injury, the minimum penalty is a five-day county jail term and a license suspension for one year. Other penalties include fines, installing an IID, probation, and restitution to the injured parties.
DUI with injury becomes a felony when you cause somebody great bodily harm. Determining whether there is great bodily injury is based on individual cases and depends on the extent of the injuries, the pain the victim experienced, and the cost of medical care. The penalties include between 16 months and 10 years in prison, a “strike” on your record under California’s Three Strikes Law, fines, restitution, and a three-year Habitual Traffic Offender (HTO) status.
Our attorneys have extensive experience in DUI with injury cases and are well equipped to handle every step of your case. We will manage your court appearances, hearings, and restitution.
DUI involving an accident
A DUI incident often involves a crash with another vehicle or damage to property. If you cause an accident due to drunk driving, your prosecution will depend on the jurisdiction of the court hearing your case. Notwithstanding, causing an accident while drunk can attract mandatory public service and additional fines. Our DUI attorneys are experienced in court procedures and can steer your case towards a desirable outcome in whichever Dulzura court you appear.
DUI with a Blood Alcohol Concentration (BAC) above 0.20%
As you consume alcohol before driving, you increase the possibility of causing harm. While a BAC exceeding 0.08% can lead to DUI charges, an increase in BAC translates to increased penalties. If your BAC exceeds 0.20%, the judge may order you to install an IID, attend an alcohol program for 9 months, or serve a sentence in county jail. Our role as attorneys is to reduce the penalties to the lowest possible minimum if we cannot have the charges dismissed.
DUI with a passenger aged below 14
Drunk driving while with a child under 14 years in your car attracts an enhanced sentence. Depending on your DUI record, you will spend mandatory extra time in jail ranging from a minimum of 48 hours up to 90 days. You can also face separate felony or misdemeanor charges of child endangerment, which is punishable by a new 6-year prison term. If you are guilty of DUI with child endangerment, you must serve jail time. As a team of former prosecutors and policemen, we use our experience in avoiding such an eventuality.
Refusing a DUI breathalyzer or blood test
You may not be aware that once you obtain your driver’s license, you have automatically given “implied consent.” You consent to a blood or breath test if you are under lawful arrest for drunk driving. Under California’s “implied consent” law, you do not have a right to decline a breath test after a lawful DUI arrest. However, you can refuse a blood test if the police do not have a warrant.
You can still refuse the tests, but refusing can result in additional penalties. Refusal to submit to either a blood test or a breathalyzer could result in a 48-hour jail sentence and a mandatory alcohol program for nine months. These penalties are in addition to other standard DUI penalties. Also, the DMV imposes a mandatory suspension of your license for at least one year, regardless of the ruling in your DUI court case.
Charges of chemical test refusal and DUI do not necessarily translate to a conviction. If you decline a DUI test after your arrest, our attorneys are well versed in DUI laws and can help you. We will protect your rights and ensure that no one maltreats you.
DUI during probation
If you are on probation, driving after consuming alcohol amounts to a violation of probation. If you are arrested for DUI during your probation for a previous DUI, you are likely to face both DUI and probation violation charges. These charges could earn you a jail sentence and an extra one year of license suspension for violating probation. We have experience in handling probation violation cases, and we will employ our resources towards restoring the terms of your probation.
DUI on an expired or a suspended license
You will face additional penalties for operating a motor vehicle with an expired or suspended license or if your California driver’s license is not valid. The court may order a mandatory county jail sentence of 48 hours. The expertise of a Dulzura DUI Attorney will be invaluable when you go to court. We know how to avoid a jail sentence and have the best possible outcome.
DUI on a restricted or suspended license
If your license was suspended due to a prior DUI and you are arrested for a consecutive time for DUI, the penalties are more severe. They include a minimum 10-day jail term, installing an IID and more significant fines. The best chance you have of reducing the penalties is hiring an established Dulzura DUI attorney to represent you.
DUI sentence enhancement for speeding and reckless driving
Speeding is driving at more than 30 mph above the set highway limit and 20 mph above the set limit in residential streets. Reckless driving is operating a vehicle willfully and in unjustifiable disregard for other people’s safety. Reckless driving, combined with speeding puts other people and property at risk. In addition to the sentence for DUI, a sentencing enhancement for speeding and reckless driving will result in 60 days in county jail and mandatory completion of an alcohol or drug education program.
DUI with hit and run
Often, drivers flee DUI accident scenes due to fear. Unfortunately, authorities prosecute such cases forcefully. For a hit and run conviction, you accrue two points each for DUI and fleeing in your driving record. The points will make you a “negligent operator” and cause the DMV to suspend your license for six months. You will also face heftier fines and jail time. Our attorneys will help you to avoid the stiff penalties by minimizing the points.
California has two laws that prohibit drivers aged below 21 years from driving under the influence. Under the zero-tolerance law, it is illegal to drive with a BAC equal to or greater than 0.01%. It is also unlawful to drive with a BAC at or greater than 0.05%. Violating either law can result in license suspension for one year, even when you are not impaired. You violate both laws if you drive with a BAC above the allowable limit.
In addition to underage DUI, you can also face prosecution for violating standard DUI laws. Unlike the laws on underage drunk driving, violating “adult” DUI laws has potential criminal penalties and license suspension. A Dulzura DUI Attorney can help argue your case and possibly minimize if not dismiss your charges.
Gross vehicular manslaughter
This offense refers to killing another person unlawfully while you are driving under the influence of drugs or alcohol. You commit this offense without malice aforethought, which is a prerequisite for murder convictions. The killing occurs through unlawful, gross negligence, or through a lawful act, which can cause death, conducted unlawfully, and negligently.
Courts often sentence DUIs that result in death differently. The penalties include a “strike” on your criminal record under California Three Strikes law and life imprisonment. With such severe penalties, it is prudent to talk to our DUI attorneys upon your arrest. We will work tirelessly to discredit the prosecution’s evidence against you.
DUI of drugs
DUI charges can involve drugs, alcohol, or both. DUI of drugs arises when drugs impair you to the extent that you are unable to drive like any sober person under similar circumstances. You can face prosecution for DUI of both prescription and illegal drugs. The penalties for DUI of drugs are similar to those of DUI with alcohol. However, unlike DUI of alcohol, DUI of drugs has no BAC; therefore, proving it in court is difficult. An experienced attorney will make it difficult for the prosecution to prove your charges. If they cannot prove it, then there is no conviction.
Consult a Dulzura DUI Attorney Near Me
Any DUI case depends on the facts available. The government has the resources to use every little detail to prove your guilt. Having a seasoned defense attorney who is willing to commit their resources to fight the system is critical. At San Diego DUI Attorney, we understand how the justice system works. We will manage your DUI case in any court. If you have a DUI case for DUI around Dulzura, call us at 619-535-7150. We will defend you aggressively and possibly sway the outcome in your favor.