A DUI arrest can cause a lot of stress and anxiety, considering the grave consequences of a conviction. If the police have sufficient evidence that you were driving under the influence of alcohol or drugs, you can receive a lengthy jail sentence, a hefty court fine, and lose your driving privileges for several months or years. The actual penalties depend on the number of prior DUI convictions on your record and the presence of aggravating or mitigating factors in your case.
If you are arrested for a DUI in Foster, consult a qualified local DUI attorney. They can clarify your legal situation, explain potential consequences, and outline the best defense strategies.
At San Diego DUI Attorney, we are prepared to manage your DUI case with skill and professionalism. With extensive experience in DUI defense and a firm grasp of local procedures, we aim to minimize your stress and pursue the most favorable outcome possible.
What Follows a DUI Arrest in Foster
A DUI arrest in California triggers criminal and administrative actions, meaning that both the police and the DMV will be involved in your case. If the police suspect you of driving while intoxicated or high on drugs, they can stop you randomly on the road or at a DUI checkpoint. A random stop requires them to have probable cause to suspect you of DUI. If you commit a traffic offense, this can be an excellent reason for an officer to stop and investigate you for a DUI. They could require you to perform some field sobriety tests on the road or conduct a chemical test to determine the amount of alcohol or the nature of drugs in your system.
The booking process follows a typical arrest in California before the initial arraignment. The arresting officer will notify you of your charges, depending on the nature of the crime and your criminal history. The booking and processing include recording your details, fingerprints, and mugshots into the police database. You must also surrender any personal belongings or anything that can harm you in the cell while waiting for the initial arraignment. The arresting officer will also administer a chemical test (blood or breathalyzer test) if not administered before the arrest. You must submit to this test after an arrest to avoid further legal issues.
After the initial arraignment, the police can hold you in jail to await your bail hearing or release you on personal recognizance. The initial hearing after a DUI arrest can happen a few hours or more after the arrest. The judge will review the evidence against you, allow you to enter a plea, and determine your eligibility for bail. If you are eligible for bail, the amount is set, and you can go home to await your trial.
On the other hand, the Department of Motor Vehicles (DMV) will also take action against you after your arrest. Since the police confiscate your driver’s license after arresting you for a DUI, you have up to ten days to request a hearing with the DMV to reinstate your license. You will be issued a temporary permit, which is only valid for 30 days. After that, the mandatory license suspension for drivers suspected of DUI will take effect. However, you can reinstate your license sooner rather than later if you request a hearing with the DMV and win.
If you win in the DMV hearing, you will receive your license back and can continue driving while you wait for the hearing and determination of your case in a criminal court. Note that if convicted of a DUI, your license can be suspended. The suspension will take effect even if you win in the hearing with the DMV. An experienced Foster DUI attorney will ensure you understand all this to prepare yourself for what to expect.
Possible Penalties for a DUI Conviction
The penalties you receive for a DUI conviction in California are generally based on the DUI charges you face. Remember that prosecutors file DUI cases according to a defendant’s criminal history and the details of their case. Here are possible charges and their respective penalties under California law:
First DUI
This occurs after your first DUI arrest or when you do not have any prior DUI convictions on your record. It is a misdemeanor, punishable by the following:
- A maximum of six months in jail, or
- Misdemeanor probation for five years
- $1,000 in court fines
- Driver’s license suspension for four months
- 3 to 9 months in a mandatory DUI school
Second DUI
You will face second DUI charges if you have a prior DUI conviction on your record within ten years. Although this, too, is a misdemeanor, the penalties will be slightly more than what you receive for a first DUI conviction. They can include the following:
- Misdemeanor probation for five years, or
- A maximum of one year in jail
- Up to $1,000 in court fines
- Two years of driver’s license suspension
- 3 to 9 months in a court-approved DUI school. This must be more than what you received for a first DUI conviction
Third DUI
Third DUI charges will occur when you have two prior DUI convictions on your record within ten years. It is also a misdemeanor, but it has more severe penalties than the first and second DUIs. You will likely receive the following penalties if convicted of a third DUI:
- Misdemeanor probation for five years, or
- One year in jail
- A court fine of $1,000 or more, if penalty assessments are included
- Three years of driver’s license suspension
- 6 to 9 months in a court-approved DUI school
Fourth and Subsequent DUI
A fourth DUI occurs when you have three prior DUI convictions on your record within ten years. This is a felony, as well as any other DUI conviction you will face after that. Remember that DUI charges are mainly determined by the number of prior DUIs on your record within five years. If you have three or more DUIs, the prosecutor will file felony charges against you. You could receive the following penalties after a conviction:
- 16 months, two or three years in prison, or
- Felony probation for five years
- Up to $1,000 in court fines
- Four years of driver’s license suspension
- 30 months in a DUI school
- Designation as a habitual traffic offender
DUI with Injury
This occurs when you cause an injury while driving under the influence of alcohol or drugs and then cause an accident in which a person is injured. This is a wobbler offense, meaning that you can face misdemeanor or felony charges, depending on the details of your case. Prosecutors mainly consider the severity of the injuries when filing charges for DUI with injury.
You will likely face felony charges if the victim of your crime suffers severe injuries, like severe lacerations, broken bones, concussions, or head, neck, or spine injuries. A felony charge is also likely when you commit this crime while on probation for a DUI. If the court finds you guilty of a misdemeanor, you could face the following penalties:
- 16 months, or three or four years in prison (the judge can enhance your sentence in case of a great bodily injury). An additional sentence can apply to every additional victim that sustains an injury in your case
- Up to $5,000 in court fines
- Driver’s license revocation
- Victim restitution
The prosecutor will file misdemeanor charges if the injuries are minor. Possible penalties include the following:
- One year in jail, or
- Misdemeanor probation
- $5,000 in court fines
- Driver’s license suspension for three years
- Victim restitution
DUI Murder
A DUI that leads to the death of one or more people can be charged as second-degree murder, or Watson murder. The prosecutor will prove that you acted with implied malice, meaning that you were aware of the danger of driving while intoxicated, but you ignored it and put the lives of other people at risk of harm. You can be charged with DUI murder even as a first offender, as long as the details of your case support all the elements of this crime. If convicted, you will likely receive a 15-year to life-in-prison sentence. However, a competent Foster DUI attorney can fight for a more favorable outcome.
Factors Determining Your DUI Charges
Prosecutors in California consider several factors when determining how to file charges against a driver suspected of driving under the influence of alcohol or drugs. These factors will also determine the particular law under which you will be charged and the penalties. They include the following:
Blood-Alcohol Concentration Level (BAC)
When the police suspect you of driving under the influence, they will file DUI charges under the following laws:
- VC 23152(a) for driving while your mental and physical abilities are impaired by drugs, alcohol, or both drugs and alcohol
- VC 23152(b) for driving with a higher than standard BAC
DUI laws provide a standard BAC for all drivers operating on public roads. The level is set according to the nature of your job or age. For example, an ordinary driver’s BAC is set at 0.08%. You violate DUI laws if you drive with a BAC of 0.08% or higher. Commercial drivers, including bus drivers, taxi operators, and Uber drivers, have their BAC set at 0.04%. Minor or underage drivers, aged 21 and younger, must not have even a slight trace of alcohol in their system while driving.
Since the two laws require different proof, you can face DUI charges under VC 23152(a) even if your BAC was within the required standard.
Prior DUIs
Remember that DUI is a priorable offense, meaning that a prior DUI conviction on your record will influence your subsequent charges and penalties. However, a prior DUI will affect your current charges if it occurred within ten years of the current one. If you have two prior DUI convictions, but the first occurred more than ten years ago, the prosecutor will consider the one within the past ten years to file appropriate charges. If you have multiple DUI convictions within ten years, you will face more stringent charges and penalties for the current DUI.
Aggravating Factors
Prosecutors also determine the details of your case when filing DUI charges. A misdemeanor charge will occur when you are arrested for driving while intoxicated. However, if you cause an accident while driving under the influence, you can face misdemeanor or felony charges, depending on the nature and severity of the accident. If the accident results in severe injuries or death, your charges and possible penalties will be severe.
Having a child in a vehicle when driving under the influence is also an aggravating factor that will determine the nature and severity of your charges. This will also result in child endangerment charges, which is a more severe offense than a simple misdemeanor.
A very high BAC will also aggravate your situation, causing the judge to give a harsher sentence than you would receive for a slightly higher BAC. Other aggravating factors that will impact your DUI charges include reckless driving and driving with a revoked or suspended license.
Refusing Chemical Testing
The police administer a chemical test to determine your BAC to build a solid DUI case against you. Although you can be charged with DUI for driving while your physical and mental abilities are impaired by drugs or alcohol, a BAC test result will support charges under VC 23152(b), the per se DUI law.
The police can request that you provide a breath sample before or after an arrest. While you can refuse a chemical test before an arrest and not get into legal problems, it can affect your case if you refuse to take the test after an arrest. When you are arrested for DUI, the implied consent law takes effect. This means that you automatically consent to chemical testing. If you refuse to take the test, it can be used against you during the trial.
Prior Felony Convictions
A prior felony conviction on your record affects all your subsequent DUI charges. The prosecutor will automatically file felony DUI charges regardless of the details of the underlying charge. Any DUI charge you face after a felony DUI conviction is automatically a felony.
How a Foster DUI Attorney Can Help Your Situation
A DUI conviction can result in life-changing consequences. In addition to criminal penalties, including a lengthy prison or jail sentence and a hefty fine, you could lose your driver’s license to suspension or revocation. A conviction can also result in a requirement to complete a DUI program, pay restitution to the victims of your crime, and install an IID system in all vehicles. All these will impact your finances and freedom. However, you can influence the outcome of your case with the help of a competent Foster DUI attorney. Here are some ways an attorney can help your situation:
Fighting for Your Rights
An attorney will ensure you know your rights and are protected throughout all legal processes. They will challenge any violation by the police during arrest or case investigation. They will advise you on what to do or say to avoid compromising your situation further. For example, your attorney can advise you to decline answering the police’s questions without them. They will also be present in all legal processes, including the administration of chemical tests to ensure that everything is done as it should be.
Negotiating for Plea Deals
From the start of the process, your attorney will look for strategies that will result in a favorable outcome in your case. They have your best interests in mind and will fight hard to ensure that the outcome of your case is reasonable. If it is possible to enter a plea deal with the prosecutor, the attorney can propose or accept it when the prosecutor proposes it. A plea deal allows you to plead guilty to a lesser offense for less severe penalties.
For example, if you face misdemeanor DUI charges, you can plead guilty to a wet reckless charge to avoid the severe consequences of a DUI conviction. A conviction for wet reckless is less severe, even though it will also appear on your criminal record and affect future DUI cases.
Fighting Your Charges During the Trial
An attorney will prepare and present a solid defense against your charges during the trial. They can use different defense strategies, including the following:
- Proving that the police did not have probable cause to stop and arrest you for a DUI
- Proving that you were not under the influence of drugs or alcohol
- Fighting the credibility or accuracy of your BAC results
- Demonstrating that the police officers handling your case violated Title 17 guidelines when arresting and investigating your case
Find an Experienced Foster DUI Attorney Near Me
Do you or someone you know face DUI charges in Foster?
You need the help of a competent DUI attorney for a smooth legal process, to understand your rights, and to develop a solid defense against your charges. An attorney will also help investigate the case to obtain irrefutable proof to counter the prosecutor’s allegations.
At San Diego DUI Attorney, we understand how important winning a DUI case is in avoiding life-changing consequences of a conviction. From the beginning of your case, we can work with you to ensure you have everything you need to fight for the best possible outcome. Call us at 619-535-7150 to learn more about your situation and our services.
