Drunk driving is a grave offense under the California Penal Code. It occurs when you operate a motor vehicle while impaired by alcohol, drugs, or both. Law enforcement officers are always on the lookout for motorists operating while drunk or drugged as one of the ways to keep the roads safe from preventable accidents. Suppose an officer has probable cause to stop and arrest you for a DUI. In that case, you will face grave charges that could result in a lengthy prison or jail sentence, a hefty court fine, and a possible revocation or suspension of your driver’s license.
However, you can fight DUI charges in Ridgecrest Estates with the assistance of a competent DUI attorney if you face false accusations or are mistakenly arrested for DUI. An attorney can also defend your rights and help you navigate all complex legal processes until you are happy with your case’s outcome.
What Constitutes a DUI in Ridgecrest Estates
Drunk driving puts the lives of all road users at risk, including pedestrians, motorcyclists, bicyclists, and motorists. It is among the leading causes of fatal road accidents. Therefore, it is considered one of the most serious offenses under the law, with potentially life-changing consequences. DUI entails operating a vehicle while impaired by alcohol or drugs or driving with a BAC of 0.08% or higher.
If the police suspect you of DUI, you can face DUI charges under two statutes as follows:
- Under 23152(a) for driving while under the influence, and
- Under 23152(b) for driving with a blood-alcohol concentration level of 0.08% or more
Although prosecutors file charges under both statutes, you receive a conviction for one offense in your criminal record.
The DUI law has definite rules for various people and situations that you must be aware of, as they can determine how the prosecutor will file charges against you. For example, there are BAC standard levels for different drivers, which determine DUI charges under California Vehicle Code Section 23152(b). For example, an ordinary driver can face DUI charges for having a BAC of 0.08% or more. A different standard applies to commercial drivers and those who operate ride-share vehicles, such as taxi and Uber drivers. A commercial driver is guilty of DUI if they operate a vehicle with a BAC of 0.04% or more.
Underage drivers, 21 years or younger, must not have any traces of alcohol in their system while operating a vehicle. This also applies to drivers on a DUI-related probation.
Remember that alcohol is not the only substance prohibited under DUI laws in California. You can face DUI charges for operating a vehicle while impaired by drugs. The drugs forbidden in this case include the following:
- Controlled substances under the Controlled Substances Act, like marijuana, cocaine, and heroin
- Prescription drugs that can impair your driving or distort your judgment
- Over-the-counter medicines that impair your driving ability
Generally, DUI is a misdemeanor. However, you can face a felony charge under the following circumstances:
- If you cause an accident in which someone is killed or injured
- You have three prior DUI convictions within ten years in your record
- You have a prior felony DUI conviction in your record
Misdemeanors are punishable by a jail sentence and a hefty court fine. You are also subject to the revocation or suspension of your driver’s license, depending on the circumstances of your case. A felony DUI is punishable by a prison sentence and a hefty court fine. The judge or DMV will likely suspend or revoke your license, depending on the specifics of your case. Other consequences of a DUI conviction include the following:
- Installation of an ignition interlock device system in all the vehicles you drive
- Enrollment in a court-approved DUI program
DUI laws are generally complex and difficult to understand without the assistance of a lawyer. It is advisable to hire a skilled Ridgecrest Estates DUI attorney immediately after your arrest for advice, guidance, and help in navigating the complex processes. Your attorney will also ensure you have a strong defense against your charges for a favorable result.
DUI Charges You Can Face in Ridgecrest Estates
A skilled Ridgecrest Estates DUI attorney can help you understand your charges, your rights, options, and the best defense for any DUI charge you face. Here are possible DUI charges you can face:
First DUI Charges
The prosecutor will file a first DUI if it is your first time facing a DUI arrest and charges. This is a misdemeanor charge, with the following possible penalties:
- 48 hours to six months in jail, or
- Misdemeanor probation between three and five years
- A court fine of $390 to $1000
- Enrollment in a court-approved DUI school for three to nine months
- Driver’s license suspension for up to six months, but you can drive without limitations if you install an IID system in your vehicle.
Second DUI Charges
A second DUI charge, which is also a misdemeanor, is likely if you have a prior DUI conviction on your record within ten years of the current one. This is punishable by the following penalties:
- A minimum of 96 hours and a maximum of one year in jail, or
- Misdemeanor probation for up to five years
- Court fines range from $390 to $1000
- Enrollment in a court-approved DUI program for 18 to 30 months
- Suspension of a driver’s license for two years, but you can keep your license after installing an IID system in your vehicle for a year.
Third DUI Charges
A third DUI, also a misdemeanor, occurs when you have two prior DUI convictions on your record within ten years of the current one. Your attorney will help you understand what it means and its possible penalties, which include the following:
- Four months to one year in jail, or
- Misdemeanor probation for three years
- A court fine that ranges from $390 to $1,000
- Enrollment in a court-approved DUI program for 30 months
- Driver’s license suspension for three years. However, you can reinstate your license if you install an IID system in your vehicle for two years.
A third DUI automatically leads to being designated as a habitual traffic offender. The designation remains in your record for up to three years.
Fourth DUI Charges
A fourth DUI is a felony. It occurs when you have three prior DUIs in your record within a ten-year period. Its penalties will be more severe and can include the following:
- A prison sentence of 16 months, two or three years, or
- Felony probation for a maximum of five years
- Court fines of up to $1000
- License suspension for four years. You can reinstate your license after two years of suspension if you install an IID system in your vehicle.
- A requirement to complete a DUI program for 30 months
- Automatic designation as a habitual traffic offender for 36 months
DUI with Injury or Fatality
Any DUI offense that results in an injury or fatality is a wobbler, meaning that the prosecutor can charge it as a felony or misdemeanor. Your exact charges will depend on the specific details of your case and your criminal history.
A DUI with injury is a misdemeanor if it is your first DUI and the resulting injury is minor. The possible penalties for this are:
- Misdemeanor probation between three and five years, or
- Five days to one year in jail
- Court fines range between $390 and $5,000
- Eighteen to thirty months in a DUI program
- One year of license suspension
If you have a prior DUI conviction and the resulting injury is grave, you will face felony charges, punishable by the following:
- 16 months to ten years in prison
- An additional six years of prison time, based on how many people sustained an injury
- A court fine of $101 to $5,000
- Eighteen to thirty months in a DUI program
- Designation as a habitual traffic offender for three years
- License suspension for five years
If a person dies as a result of a DUI, you can face charges for the following crimes:
- Vehicular Manslaughter When Intoxicated, Penal Code 191.5(b)
This is a wobbler, meaning that the prosecutor can file misdemeanor or felony charges against you. A misdemeanor is punishable by up to one year in jail and a fine of $1,000, while a felony is punishable by 16 months to four years in prison and a fine of $10,000. Summary or felony probation is possible.
- Gross Vehicular Manslaughter When Intoxicated, Penal Code 191.5(a)
This requires proof of gross negligence on your part. It is a felony, punishable by imprisonment for four, six, or ten years and a maximum fine of $10,000. Felony probation is possible.
- DUI or Watson Murder, PC 187
Prosecutors mainly apply this law to repeat DUI offenders who, even after previously receiving warnings about the dangers of impaired driving, have caused a fatal DUI crash. It is a felony punishable by fifteen years to life in prison and a maximum fine of $10,000. Felony probation is not an option in this case.
Reasons to Hire a Ridgecrest Estates DUI Attorney
DUI is a costly crime in terms of both human life and financial consequences. This explains why California has strict laws and penalties against those who commit the crime. If you face DUI charges, you may wonder whether you need an attorney. Whether this is your first or subsequent DUI charge, you need a competent attorney for a favorable outcome. An attorney will ensure you navigate all criminal processes successfully and mount a solid defense against your charges to avoid the severe consequences of a DUI conviction. Here are some of the benefits that come with working with a skilled attorney:
DUI Attorneys Understand The Legal System Better
The legal system in California is complex and intricate. It is easier to understand and navigate for someone who has spent years studying it in law school. While it is possible to represent yourself in a DUI trial, you can easily make mistakes or omissions that can compromise your legal situation further. Having an attorney is an assurance that your case is progressing as it should.
They Can Fight for a Sentence Reduction
Penalties of a DUI conviction are understandably harsh. They become harsher with the number of prior DUI convictions in your record. A skilled attorney understands defense strategies and legal options, like plea bargains, that can result in a favorable outcome. Your chances of enjoying a favorable outcome are higher when an attorney is involved.
They Can Negotiate for License Reinstatement
Driving is a privilege in California. You lose that privilege when you commit a DUI. A first DUI can result in license suspension for up to one year, while a felony DUI can result in the revocation of your license. If you are not ready to lose your driver’s license, an attorney can negotiate with the court for a restricted license. This will enable you to drive to crucial places, such as work, school, and the store. However, you could be required to install an IID system in your vehicle.
They Can Help with Conviction Record Expungement
Even after serving a DUI sentence, your conviction record remains in your criminal record for years. This can affect how easily you find work, housing, or insurance and credit services. If anyone runs a background check on you, they will see your conviction record. This can impact how you are perceived by your friends, family, potential employers, service providers, or landlords. Expungement eliminates all the adverse effects and disabilities of a criminal record. An attorney can help you file for expungement immediately after you complete your probation or jail sentence.
Strategies a Ridgecrest Estates DUI Attorney Can Use To Fight Your Charges
The criminal justice system in California allows you to defend yourself if facing DUI charges. This means you can prepare and present evidence to counter the prosecutor’s case during the trial. You can also bring in witnesses to testify in your favor and cross-examine witnesses from the prosecution side. This is what makes the legal process fair, as it allows you a chance to defend yourself before the final verdict is rendered. You can take advantage of this, with the assistance of a competent attorney, to push for a favorable outcome. Here are some of the strategies your attorney can use to compel the court to dismiss or reduce your charges:
Challenging Your Arrest
A skilled attorney can challenge how you were arrested to compel the court to dismiss your DUI charges. For example, they can argue that the police misconducted themselves during the arrest or that your arrest was illegal. Police misconduct can occur if the officers question you without an attorney, force you to confess to the crime, or violate your civil rights in any other way.
An arrest can be illegal if the officers did not have probable cause for your arrest or did not have an arrest warrant. If there is compelling evidence to prove this, the court will dismiss your charges.
Challenging Your Chemical Test Results
If an officer suspects you of driving while intoxicated, mainly from how you drive or after you commit a traffic infraction, they can stop to investigate you for DUI. A chemical test will prove whether you are operating while intoxicated, and the level of alcohol in your blood or the types of drugs in your system. The police mainly use breath and blood tests to obtain further evidence against DUI defendants. They can run a urine test if blood and breath tests are unavailable.
If the results are inaccurate or the police did not follow proper procedures when administering the tests, your attorney can challenge the results. This can leave the prosecutor with insufficient evidence to obtain a guilty verdict in your case.
Challenging the Prosecutor’s Case
In trials like this, prosecutors have the burden to prove a case beyond a reasonable doubt. They must prove all elements, which include the following:
- That you were driving a vehicle
- You were under the influence of drugs or alcohol
- Your BAC at the time was 0.08% or more for an ordinary driver, 0.04% or more for a commercial driver, or 0.01% or more for an underage driver.
A skilled attorney can argue that although your BAC was higher than the legal standard, it was caused by something other than alcohol. For example, you could have used an alcohol-based mouthwash before the test or had acid reflux, which could have provided a false positive result.
They can also prove that, although you were intoxicated with drugs or alcohol, you were not driving a vehicle. The vehicle could have been parked, or someone else could have been the driver.
The judge will dismiss your charges if any of these arguments are true.
Find a Competent DUI Attorney Near Me
If you face DUI charges in Ridgecrest Estates, a skilled attorney can help you understand your charges and options, navigate the legal processes, and plan a strong defense for a favorable outcome. They can also fight alongside you until you are satisfied with the result.
At San Diego DUI Attorney, we understand how important a strong defense is, especially considering how severe DUI penalties are. We also recognize the importance of legal support and guidance. We can work closely with you, fight for your rights, and employ our best strategies to achieve the best possible outcome. Call us at 619-535-7150 if you need a skilled and experienced Ridgecrest Estates DUI attorney, and let us start the legal process with you.
