San Diego DUI Attorney is the place to visit when you’re looking for a good defense lawyer against DUI charges in Flinn Springs, California. The law firm prides itself on its ability to navigate DUI charges and criminal cases while at the same time ensuring that they maintain a good track record. The attorneys of this law firm are highly respectable in San Diego courthouses and its surrounding areas. The lawyers ensure that all clients get all the legal help and professional advice they need after assessing the circumstances surrounding a case to ensure the best possible result. Below is all the information you need to know about DUIs in Flinn Springs.
Overview of DUI Offenses
DUI (Driving under the influence) offense In California refers to the crime of driving a vehicle with a BAC level that exceeds the legal limit that has been set by the California state laws. The threshold varies depending on the type and age of the driver. The set BAC limit for underage drivers is 0.01%, commercial drivers 0.04% while that of ordinary motorists is 0.08%.BAC (Blood Alcohol Concentration) refers to the percentage of alcohol that is present in the blood while operating a vehicle.
In some circumstances, one may be arrested even if the person has not violated the legal limit of BAC. This charge is known as driving under the influence. The impairment will be determined by the police officer who pulled you over. He/ she might conclude this by judging the behaviors you're exhibiting that indicate driving impairment. The signs may include dangerous driving, failure to signal other drivers when turning or generally failing to follow the traffic rules. Driving impairment is caused by the consumption of any drug that causes mental or physical instability.
The DUI penalties for California vary depending on the type of DUI offense A Person has committed. For some offenses, the driver’s license may be suspended for a while, while in other cases one has to face trial and eventual conviction. California courts decide on the type of punishment by the extent of damage one has caused or by the number of times one has been charged with a DUI offense.
Types of DUI offenses
First offense DUI
A first time DUI offense can be very overwhelming. The crime is a misdemeanor and may incur both administrative and criminal penalties depending on the circumstances under which the offense happened. Thus drivers are advised to consult attorneys who specialize with DUI offenses when this happens. The DUI charge contains different elements and circumstances which require the legal expertise of attorneys to interpret. If you are located in Flinn Springs, California, then the San Diego DUI Attorneys will help you navigate through your first charge.
The DUI offense is a misdemeanor and may incur both administrative and criminal penalties depending on the circumstances under which the offense happened. Below are the conditions that may result in stiffer penalties:
- The drivers BAC is above 0.15
- If the DUI caused any injuries or may have resulted in death.
- If the driver was above the speed limit
- Having a minor in the car when the offense occurred
- Driving without a license when the crime was committed.
The penalties for a DUI first offense include:
- Suspension of driver's license for six months - one year
- Undertaking an alcohol drug program for a period of three to nine months
- Restriction of license or installation of an Ignition Interlock Device for not less than six months
- A jail sentence of up to six months in county jail.
Second Offense DUI
Though this DUI is a misdemeanor, California tends to take a second DUI charge as a drinking problem. This means that the system will be stricter than the first time, and the penalties may be harsher. Just like the first time, your driver’s license will be taken away and replaced with a temporary one. This license will only serve for ten days to give you enough time to request a hearing with the department of motor vehicles. The penalties for this offense include:
- Suspension of driving license if the offense occurred in less than a period of ten years since the first one
- a fine of up to $1000
- Jail sentence of up to one year
- Mandatory enrollment in a DUI rehabilitation center for up to 18 months
- Mandatory SCRAM monitoring for up to a year or more
Third DUI Offense
The third DUI offense is also considered a misdemeanor. Flinn Springs DUI attorneys have dealt with clients who are facing their third or fourth DUI and are well aware that having a third DUI charge may be embarrassing. However, having dealt with such cases before, they will go out of their way to ensure that the clients always get a fair hearing and the best possible outcome. The penalties for a third DUI offense include:
- A fine of $3000
- Alcohol probation of three to five years
- Mandatory enrollment in a DUI school
- jail sentence of up to one year in a county jail
- Suspension of driver's license for three years
The penalty may be different depending on the circumstances surrounding the DUI offense; thus, the representation of a competent attorney is paramount.
A Felony DUI arrest occurs within ten years of the other earlier convictions or when a driver causes injury or death while under the influence of drugs. The drugs are not necessarily the common ones like marijuana and alcohol but also medically prescribed medicines that may cause impaired judgment or physical instability, For DUI based on previous convictions, the prosecutor will have to prove all the other prior convictions. The charge will result in hefty fines and extremely harsh penalties.
A Felony DUI Without injuries or death is considered a misdemeanor charge and will not be too harsh. The penalties for a Felony DUI that didn’t cause injuries or any accidents include:
- Jail sentence of up to four years in state prison
- Fine of no more than $5,000
- Suspension of driver's license for four years
- A mandatory eighteen month DUI Program
- Installation of an IID in your car after getting back of the license
If your DUI may have caused injury or death, then the penalties will be harsher and the fines heavier. You may face several charges. They include: Driving under the influence, causing injury and second-degree murder. When being accused of such crimes, you will require the defense of experienced Flinn Springs DUI Lawyers. The lawyers will try to reduce your charges to mere misdemeanors or at least reduce the penalties to make them less convicting
The penalties for felony DUI resulting in injuries include:
- Fines of up to $5000 and payment of the restitution fee
- A license will be revoked for a period of five years
- A sentence of up to six years in a California state prison
- Registration as a traffic offender for a period of three years
The penalties for death are stricter than those that result in injury. In this case, a driver will face second-degree murder charges or manslaughter. The penalties for this type of offense will include;
- A fine of up to $10,000
- Sentence of not less than fifteen years to life imprisonment
- An alcohol probation
- The offender may be required to pay restitution fee to any surviving victims
This DUI commercial Law prohibits drivers of commercial vehicles from operating vehicles with passengers aboard with a BAC level exceeding 0.04 %. When a commercial driver violates the DUI law, they may end up losing their licenses for a year or more and face other charges applicable to the DUI offense. Additionally, the penalty may be more substantial if, during the time of the DUI arrest, illegal materials were being transported. This will require the representation of a competent lawyer to get you back your commercial driver’s license for you to operate commercial vehicles.
Hit and Run DUI
Drivers are charged with this type of charge when they leave the scene of the accident without providing relevant information about what happened while under the influence of drugs or alcohol. The driver may not have been the one at fault, but leaving the scene may result in him getting arrested. When an accident occurs, whether you are under the influence or not, you have a responsibility to do the following:
- One must stop the vehicle immediately
- You are required to produce your driver’s license without question upon request
- You will have to give out your name and those of other people you are with
- If the car is not yours, then you have to give out the name of the owner and all relevant details concerning them
For a person to be convicted of this offense, the prosecutor must prove the following:
- The driver willingly left the scene of the accident
- There was damage to property
- Someone was injured as a result of the crash
- The driver was aware that someone was injured or that property was damaged
The penalties for this DUI include:
- A maximum sentence of six months
- Probation of no more than three years
- Restitution Fee for damaged property
The driver will likely be charged with two offenses after committing a hit and run while under the influence. The crimes are a DUI charge and a hit and run. You will, therefore, need the assistance of a competent attorney to win the case. Flinn Springs DUI attorneys have the skills and professional experience to maneuver such cases and get their clients out of such situations.
Circumstances that may aggravate a DUI offense
The following circumstances may cause the penalty for the DUI offense to be heavier and stricter
- DUI with a minor on board( Less than 21 years of age)
- Several DUI's in less than ten years
- Declining to take a DUI test
- Reckless driving under the intoxication of drugs
- Over speeding under the influence of drugs
- Causing damage to property
- DUI when uninsured
Legal Defenses for DUI offenses
DUI offenders are convicted differently depending on the circumstances surrounding their cases and the ability of the legal team to argue the defense. All criminal charges are unique to every person, and thus should be treated as such. Attorneys are tasked with the responsibility of listening to all aspects of a client’s case and using the information they provide to maneuver around the case. During the first consultation, the attorney will ask several questions to help him/her determine whether the firm can take on the case. For the attorney to win the case, he/ she must have the best defense strategy that will appeal to the prosecutors. The defense for DUI’s include:
- The evidence may have been mishandled or tampered with( urine samples)
- There was no reason for the driver to be pulled over by the traffic officer
- The evidence presented against the offender may have been insufficient
- The arrestee passed the sobriety tests
- The arrest was not legal
These defenses are usually applicable to many cases, and in case they feel that such an argument applies to their situation, clients are advised to consult the Flinn Springs DUI attorney. The attorneys will evaluate the case and determine which defense strategy best applies to the client’s case. It is always crucial for clients to remember that time is of the essence in most DUI cases.
DMV hearings refer to administrative proceedings concerning the suspension or revocation of a driver's license by the Department of Motor Vehicles. This hearing is meant to help the driver acquire back his license hence giving them the right to operate vehicles. It is independent of the actual trial taking place in court and occurs after two days of the suspension. While DUI court trials are meant to judge whether the offender is innocent or not, DMV hearings are intended to evaluate whether the driver’s license should be reinstated or whether to revoke it altogether. This is done by assessing the circumstances surrounding the DUI arrest. The hearings may be done over the phone if the system feels that the arrest process was flawed, the evidence is not substantial, or the officer who made the arrest cannot serve as a witness. However, if the evidence needs to be assessed for whatever reason, and there are witnesses present, then the hearing will be in person. The outcome of the DMV hearing does not affect the DUI case court trial, but it is essential to follow up on the hearings and put an effort to win them. Winning the DMV hearing could be presented as a defense in the trial and have a positive impact on the case.
An SR 22 refers to a Certificate that is provided by an insurance company to verify that the driver has met the state’s requirement where auto liability insurance is concerned. After the SR 22 has been issued, the insurance company will forward a copy of the certificate to the Department of Motor vehicles. This form has to be obtained when the driver wants his licenses reinstated following a suspension or revocation of the license by the DMV. The certificate is also necessary when a driver wants to have his license reinstated on the condition that he /she will continue driving with an IID.
The circumstances under which a person may be required to file for an SR 22 include:
- Involvement in the accident of an uninsured driver
- Reinstatement of driving privileges following suspension
- Restoring of driving privileges after the DMV considered you a negligent operator
The process of acquiring an SR 22 is quite long. You will have to notify your insurance company that you need the certificate. They will, in turn, have to assess your DMV record to evaluate whether your record has been cleared. They may either cancel your policy or issue you with the certificate depending on what your record contains. You may as well hire an attorney to represent your case to your insurance company if they deny your request for the SR 22 certificate.
Find DUI Attorney Near Me
Having the right legal representation is one of the determinants of the outcomes of a DUI case. This is because your attorney will be the one negotiating with the prosecutors to win you a favorable outcome. The San Diego DUI Attorney pride themselves in being able to provide the best legal Services in Flinn Springs and the surrounding areas. They use their vast legal expertise and the weaknesses of the prosecution to get you a good outcome. The team of lawyers are always ready to help and will offer free consultations to all clients. If you or your loved ones are facing DUI Charges, consult a Flinn Springs DUI Attorney by calling 619-535-7150.