Driving under the influence (DUI) in California is a serious offense. If you get convicted for drunk driving, the court can hit you with fines, take away your driver’s license, or even send you to jail. But just because you face a DUI charge doesn’t mean you’ll be convicted. If you get arrested for a DUI in Glen Oaks, don’t just give up and plead guilty. You can fight it and maybe be able to reduce the charges or drop them completely. Our Glean Oaks DUI attorneys at the San Diego DUI Attorney have much experience successfully defending DUI cases. We will review your case and figure out how to represent you.
DUI Under California Law
In California, you drive under the influence when you operate a vehicle while impaired by alcohol or drugs.
California DUI laws are outlined in Vehicle Code (VC) Section 23152.
- Under California VC 23152(a), it’s illegal to drive a vehicle while drunk.
- California VC 23152(b) makes it illegal to drive if your blood alcohol level is 0.08% or higher.
- California VC 23152(e) states that driving under the influence of any drug is also a crime.
- California VC 23152(f) says it’s a crime to drive when you’re under the influence of both alcohol and drugs.
Usually, the police will charge you with both 23152(a) and 23152(b), but if you get convicted, the court will only punish you for one of them.
In California, the penalties for DUI depend mainly on two things:
- If you have a previous DUI record
- If anyone was hurt or property was damaged because of your driving under the influence.
How Do The Authorities Know That You’re Driving Under The Influence Of Alcohol Or Drugs?
Police use three main methods to check if a driver is impaired:
Observation
Typically, officers start looking into a potential DUI when they notice something about a driver. They might see someone driving unusually slowly or swerving. During a traffic stop, an officer may notice if the driver smells like alcohol, has bloodshot eyes, or is acting strangely. If an officer spots signs of possible intoxication, they’ll investigate further to ensure the driver isn’t a danger to themselves or others.
Field Sobriety Tests
When an officer sees signs of intoxication, they move on to field sobriety tests. These tests help police figure out if you’re impaired. They check your coordination, balance, and ability to focus on more than one task at a time. The three tests include:
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Horizontal Gaze Nystagmus
This test looks at the involuntary jerking of your eyes. If someone is high, their eye jerking is more pronounced at smaller angles. During this test, the officer will ask you to follow a moving object, like a flashlight or pen, from side to side. The officer checks for:
- If your eyes can smoothly follow the object
- If the jerking starts within 45 degrees
- If the jerking is noticeable when your eyes reach the farthest point
- If you show these signs in both eyes, you’re likely intoxicated.
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The Walk-and-Turn Test
In this test, the officer asks you to walk nine steps in a straight line, heel-to-toe, turn on one foot, and then walk back nine steps in the opposite direction. The officer checks for seven signs of impairment:
- If you can’t keep your balance while listening to instructions
- If you don’t touch heel-to-toe
- If you stop walking to regain your balance
- If you use your arms to balance
- If you start the test before the officer finishes giving instructions
- If you take the wrong number of steps
- If you lose your balance while turning
- If you show two or more of these signs, there’s a 65% chance you’re intoxicated.
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One-Leg Stand Test
The last test is the one-leg stand test. Usually, the officer asks you to lift one foot off the ground and count from 1,001 until they tell you to put your foot down. In this test, the officer looks for:
- Swaying while trying to balance
- Putting your foot down
- Using your arms to balance
If you show two or more of the signs mentioned, there’s a 65% chance you’re drunk.
If a driver doesn’t pass any field sobriety tests, the officer will ask them to take a chemical or breath test to check their blood alcohol level.
Chemical Tests
If you fail those tests, the next step is to see how drunk you are. A police officer might ask you to take a breathalyzer test at the roadside, but you can say no since it’s optional. The breath test machines used there are just for a quick check to see if your blood alcohol level is high or low. But remember, these machines aren’t as accurate as the ones used after a driver gets arrested.
Penalties For First-Time DUI Offenders
In California, a first-time DUI can lead to different outcomes, like jail time or misdemeanor probation. However, defendants can still drive if the court gives them an “IID restricted license,” which means they must have an ignition interlock device in their vehicle for four months.
If it’s your first DUI and you don’t get the required device, you might lose your driver’s license for 6 months unless:
- You’re not convicted
- You ask for a DMV hearing and win.
Other consequences for first-time DUI convictions in California include:
- DUI school for between 3 and 9 months
- Fines and penalty assessments
- Informal probation for 3 to 5 years
- Possibly jail time
- A 6-month driver’s license suspension
Second Offense DUI Penalties
In California, the minimum sentence for a second DUI is 96 hours, but in San Diego, you might start with 40 to 75 days in jail for a second offense. Your jail time could increase if you have a prior DUI conviction or if there are other aggravating factors.
Third Offense DUI Penalties
If you face a third DUI in San Diego, you could start with 270 days in jail. Similar to the second offense, your jail time might increase if you’re on DUI probation, potentially adding another 60 to 90 days.
Fourth Offense DUI Penalties
In California, a fourth DUI offense is a felony, and it comes with serious consequences. Offenders often face prison time ranging from sixteen months to two years. If you’re charged with a fourth DUI, don’t try to handle it on your own; it’s too serious to go solo.
What To Do After a DUI Arrest
What should you do if you get arrested for a DUI, especially if it’s your first time?
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Take the DUI Test After Arrest
Most states, including California, ask you to take a chemical test after a DUI arrest. If you refuse, you could get in trouble with the law. This test helps show important info, especially your blood alcohol level. Once the officer knows your BAC, they can figure out your blood alcohol level when they arrested you.
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Contact a Glen Oaks DUI Attorney
Don’t hire a regular lawyer for a DUI case. DUI laws are pretty complex. A general lawyer might represent you, but a Glen Oaks DUI attorney knows the ins and outs of DUI laws and can help you get a better outcome with your charges.
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Find a Bail Bondsman
You usually need to post bail after an arrest. While many people get released without it, some DUI cases need a bondsman’s help. A bail bondsman will ask for a fee up front to post your bail. It can be pricey, but cheaper than paying the court directly. Plus, using a bondsman ensures you attend your hearings since they’ll look for you if you don’t.
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Ask for a DMV Hearing
After your arrest, you have at least ten days to officially ask for a DMV hearing, including weekends and holidays. This hearing decides if you can keep your driver’s license. Your license will be suspended automatically if you or your lawyer doesn’t ask for the DMV hearing. In California, the DMV hearing officer will ask three questions before deciding on your license suspension:
- Did the arresting officer think you were DUI?
- Was your blood alcohol concentration at 0.08% or higher?
- Were you arrested legally?
Even though this hearing is separate from your DUI court case, having a DUI lawyer can help. A DUI lawyer boosts your chances of winning the hearing and keeping your license.
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Get Ready for Your Arraignment
Your arraignment is when you officially enter your plea. It’s also the first step in DUI criminal court in California. Depending on your charges, the prosecution might give you your first “offer,” which is basically what sentence they suggest if you plead guilty to the charges against you.
During your arraignment, you can choose to plead guilty, not guilty, or no contest to your DUI charges. If you plead guilty, you’ll face punishment, and your case will close. If you plead not guilty, your Glen Oaks DUI attorney can challenge and review all the evidence against you, including a copy of the police report and the maintenance records for the chemical testing instruments.
A DUI attorney can help you win your case or get a better outcome.
The California DUI Process
In California, after a DUI arrest, the police might release you on your own recognizance or if you post bail. They’ll provide you with a future court date when you’re released. If they don’t release you, you can see a judge within 48 hours of your arrest.
It’s best not to represent yourself for DUI charges. Instead, hire a skilled Glen Oaks DUI attorney to fight for you and help you navigate the DUI court process.
Here’s how a typical DUI court process goes:
First Appearance
When you appear in court for the first time, the prosecutor will read the charges against you. You’ll then need to plead guilty, not guilty, or no contest, like saying you’re guilty.
Discovery and Evidence Review
Before the trial, you and your lawyer will ask for and review the evidence the prosecutor plans to use against you. That includes police reports, blood test results, and any evidence that could help your case.
Pretrial Hearings
During pretrial hearings, your lawyer and the prosecutors will determine what evidence to use and discuss legal arguments. They might even decide if your case should go to trial. Sometimes, cases get resolved at this stage.
DUI Trial
The DUI trial kicks off with picking a jury. After that, the prosecutor and the defense attorney will give their opening statements, followed by their arguments. Once everything is presented, the jury will think it over and decide. If you’re found guilty, the judge will give you a sentence; otherwise, you’ll be free to go.
Common Defenses for Fighting a DUI Charge
Just because you get a DUI doesn’t mean you’ll be convicted, especially if you have a solid team of lawyers backing you up. Your Glen Oaks DUI attorney will use their expertise to point out any reasonable doubts or even prove your innocence.
Here are two effective strategies attorneys might use to defend a DUI case in California:
Show That You Weren’t Drunk
Sometimes, people can look or act drunk even when they aren’t. For example, the prosecution might say you did poorly on field sobriety tests and had bloodshot eyes. But your defense attorney could argue that you struggled with the tests because of an injury or not understanding the instructions. They could also explain that your red eyes were from a lack of sleep or allergies. With these points, the court could decide on a “not guilty of DUI” verdict.
Point Out That The Officer Didn’t Follow The Right Procedures When Arresting You
Police need a valid reason to pull you over or arrest you. Sometimes, they don’t show that they had reasonable suspicion or probable cause for stopping you. A good lawyer can challenge a DUI charge if the officer didn’t follow the proper steps during your arrest.
Other defense strategies a DUI lawyer might use include:
- Field sobriety tests don’t accurately measure driving impairment
- You were mentally alert and not DUI at the time of your arrest
- Conditions like hypoglycemia, diabetes, or a high-protein diet can falsely raise BAC levels
Other Consequences of a DUI
A DUI arrest can lead to some serious consequences that many people don’t think about. It can mess up your clean record and bring along some long-lasting issues. Here are some of the major impacts of a DUI:
Driver’s License Loss
If you get convicted of DUI, you might lose your driver’s license for up to two years if it’s your first time. Your conviction can make finding a job tough, especially if you need to drive. You could even lose your job over it. Without a license, you can struggle to run errands, visit family, or join in on social events.
Consequences on Your Job
A DUI can affect your work life. Jail time, community service, and court appearances can disrupt your schedule. The more your work gets interrupted, the higher the chance you’ll lose your job. If you’re looking for a new job, having a DUI on your record can be a big setback since many employers prefer not to hire people with a DUI. Jobs that require driving a company vehicle, like delivery or taxi services, might not even consider your application.
Professional Relationships
A DUI arrest can change how your boss and coworkers see you. Even if you want to keep it quiet, the local media might report it. Once that happens, it can damage your professional reputation for good. In some cases, you could even lose your job.
Background Checks
Most employers check backgrounds before hiring anyone. A DUI conviction will show up in the background check and might hurt your chances of getting the job. Colleges also ask for background checks for financial aid and admissions; a DUI conviction can put your financial aid at risk.
Personal Relationships
If you get a DUI, you might feel anxious about what your family and friends will think. It can also make you feel embarrassed and ashamed. Your loved ones may start to wonder about your drinking habits, which can put a strain on your relationships. A DUI can have lasting effects, but with a good DUI attorney, you might dodge a conviction and get the charges dropped.
Why You Should Hire a Glen Oaks DUI Attorney
Here are some reasons to consider hiring a DUI attorney for your case:
They Will Look Closely at Your Case
A DUI attorney knows the ins and outs of DUI cases. Their expertise helps them carefully examine your situation and find important evidence. Your lawyer will check if the arresting officer acted reasonably during your arrest. They’ll also review the lab results to make sure everything is accurate. This thorough approach can boost your chances of getting acquitted or facing a lighter sentence.
Keep Your Driver’s License
You might lose your driver’s license when you get arrested for DUI. A DUI attorney can help you avoid that. They’ll use all the evidence to lessen your DUI penalties. Even if you do get convicted, your attorney will work to keep your license safe.
Stay Clear of a Permanent Criminal Record
A DUI arrest or conviction can seriously mess up your relationships, job, and other chances in life. Having a DUI attorney on your side can help you avoid a permanent criminal record. Nobody wants their life turned upside down by something that could have been handled better. When you hire a DUI lawyer, you increase your chances of getting a positive result in your DUI case.
Find a Glen Oaks DUI Attorney Near Me
With a Glen Oaks DUI attorney by your side, you’ll likely get your charges reduced or even have your case thrown out. Our DUI lawyers at the San Diego DUI Attorney know how to handle DUI and DMV cases. Call us at 619-535-7150 today, and we’ll help you with your case.
