Rincon

DUI Laws in California

California has several laws aimed at reducing the issue of drunk driving. One key law is Vehicle Code 23152(a), which establishes the subjective standard for DUI. This law makes it illegal to drive if alcohol has impaired your ability. Being considered “under the influence” means that your mental or physical skills are not as sharp as those of a sober driver. You can still face charges under this law even if your blood alcohol concentration (BAC) is below .08%. There are also laws related to DUI that you should be aware of:

California Per Se Laws

The DUI per se law is outlined in VC 23152(b). This law states that it is illegal to drive with a blood alcohol concentration (BAC) of .08% or higher. Essentially, if someone has a BAC of .08% or more, the law automatically considers them to be under the influence, regardless of whether they feel impaired. That means an officer can charge you with DUI without needing any additional evidence of impairment or intoxication.

If you drink alcohol and plan to drive, your BAC matters more than how sober you feel. The law assumes you are impaired if your BAC exceeds the legal limit of .08%. California’s per se law makes it easier for prosecutors to prove impairment without conducting field sobriety tests.

However, just because you register a BAC of .08% or more does not automatically mean you will be convicted of DUI. With the help of a skilled Rincon DUI Attorney, you can challenge the accuracy of the test results, the equipment used for the test, or the testing procedures. Successfully challenging these aspects could lead to your acquittal.

The per se law does not apply to cases involving drug-related DUIs.

The Implied Consent Law

When a police officer stops you for suspected DUI, they will typically look for signs of impairment. They might ask you to take a breathalyzer test to check your blood alcohol concentration (BAC). However, not every driver agrees to take this breath test, and an officer cannot force someone suspected of drunk driving to blow into the device.

According to the implied consent law, drivers must agree to a breath test after being arrested for DUI, allowing the officer to assess their level of impairment. This statute only applies to breath tests conducted after a lawful DUI arrest. You can refuse a preliminary alcohol screening breath test before any arrest takes place.

If you decide not to take the test, you will be considered to have violated the implied consent law. This violation can lead to an automatic suspension of your driver’s license for a year and additional penalties on top of the standard DUI consequences.

The implied consent law applies to all drivers in Rincon. These include residents with California driver’s licenses and non-residents with out-of-state licenses.

Different DUI Charges That a Rincon DUI Attorney Can Handle

DUI laws include various statutes with unique legal definitions. Based on your case’s specifics, the prosecutor will bring charges against you. Here is an overview of the different DUI charges you might face, and how a Rincon DUI attorney can assist you:

First Offense DUI

If this is your first DUI charge, the prosecutor will likely file a misdemeanor against you. A first-offense DUI indicates that you have not had any prior DUI-related arrests or convictions on your record. While judges often show leniency towards first-time offenders, a first offense is still taken seriously due to its potential danger to other drivers. Here are some possible penalties for a first-offense DUI in California:

• Misdemeanor probation lasting from one to three years
• A jail sentence of up to six months
• Fines ranging from $390 to $1,000 (additional penalty assessment charges may apply)
• A court-ordered or DMV-imposed license suspension for up to six months (this can extend to a year if you refuse to take a drug or alcohol test after your arrest).
• Mandatory installation of an Ignition Interlock Device (IID) if you seek a restricted driving license to places like work or the grocery store

Second DUI Offense

A second DUI arrest happens when you already have a DUI-related arrest or conviction on your record within the last ten years. This case will also lead to a misdemeanor charge. While the first and second DUIs are treated as misdemeanors in California, the second violation has harsher penalties. If you are convicted, you might face the following consequences:

• Misdemeanor probation that lasts between one and three years
• Court fines and penalties that could total up to $4,000
• A possible jail sentence of up to one year

Additionally, the court or DMV may suspend your license for up to two years. After three months of suspension, you can apply for a restricted license, but you must have an Ignition Interlock Device (IID) installed in all your vehicles to qualify.

Third DUI Offense

A third DUI counts as a misdemeanor and happens when you already have two previous DUIs on your record within the last ten years. This situation leads to stricter penalties than a first or second DUI conviction. Here are some potential penalties you might face:

• Misdemeanor probation for a maximum of three years
• Court fines and penalty assessments that can reach up to $18,000
• Jail time of up to one year or 16 months in a state prison
• A driver’s license suspension from the court and DMV for as long as four years
• If you apply for a restricted license, you must install an Ignition Interlock Device (IID) in all the vehicles you drive.

Fourth Offense DUI

A fourth DUI is usually a felony, and it occurs when you already have three prior DUIs on your record within ten years. Some penalties you can expect after a fourth DUI conviction include the following:

• Felony probation for a maximum of five years
• Court fines and penalty assessment charges of up to $18,000
• A prison sentence of up to three years
• License suspension by the court and DMV of up to four years. The DMV can revoke your license if there are aggravating factors in your case (like an injury, death, or a minor in the vehicle)

As a convicted felon, your criminal record impacts several aspects of your life, including your professional and social lives. It also affects your gun rights.

Felony DUI

A felony DUI charge can be serious due to the severe penalties that come with a conviction. Prosecutors may file felony DUI charges in several situations:

• If you have three DUI convictions within the last ten years.
• If you cause an accident while driving under the influence that leads to property damage, injury, or even death.
• If you drive while intoxicated with a child under 14 in the car.
• If you have a very high blood-alcohol concentration level when you are arrested.
• If you drive under the influence with a suspended or revoked license.

Here are some potential penalties for a felony DUI. The judge has the authority to decide on the penalties based on the specifics of your case:

• You might face felony probation for up to five years, supervised by the probation department.
• You could incur court fines that may reach up to $5,000.
• There is a possibility of a prison sentence ranging from 16 months to four years.
• You will be required to complete a DUI program.
• You may need to pay restitution to any victims involved in your case.
• Your license could be suspended or revoked, depending on the circumstances.
• You might be labeled as a habitual traffic offender.
• Lastly, you will accumulate points on your driving record.

How a Rincon DUI Attorney Can Help You

Facing a serious charge like a DUI can leave you feeling stressed and overwhelmed, especially when you think about the potential consequences of a conviction. This stress can cloud your judgment and lead you to say or do things that might worsen your situation. Sometimes, you might feel lost, especially if you are unfamiliar with how the criminal justice system works. This lack of understanding can slow down your case. Criminal attorneys are important in supporting and guiding people through the court process.

Your attorney will represent and work alongside you to ensure everything goes smoothly and that you achieve the best possible outcome for your case. Here are some reasons why having a Rincon DUI attorney by your side is essential:

They Can Help You Understand the Charges

When the police arrest someone for a DUI, they often use legal jargon that can be confusing, especially if you are not familiar with the terms. For instance, if they charge you with a misdemeanor DUI, you might not fully grasp what that means until someone explains it. Your attorney is the best person to help with that. They will clarify why you face misdemeanor or felony charges and what they mean. This way, you will know what to expect during and after the court proceedings. Your attorney will also ensure that your charges are appropriate for your situation.

Analyze the Evidence

Your DUI attorney will carefully look over the evidence the police collected against you. They will check to ensure the evidence is reliable and can be used in court. If you received a DUI charge from a random police stop, your attorney will verify that there was a good reason for your arrest. If your blood alcohol content (BAC) test shows that you had a high level of alcohol in your system, your attorney will confirm that the test was done correctly and that the results are trustworthy.

On top of that, your attorney will help gather evidence to support your defense. They can find evidence that challenges the prosecutor’s case or collect information that could lead to a more favorable outcome for you.

Looking Into Your Arrest

A DUI attorney must investigate your arrest to ensure the police followed the law. A DUI charge can significantly impact your life. Your attorney will work to confirm that the charges against you are valid by investigating the circumstances of your arrest. They will begin by determining if there was a legitimate reason for your arrest. If the police lacked a valid reason to stop and arrest you for a DUI, your attorney will advocate for dismissing the case.

Additionally, your attorney will check if the arresting officer violated your rights. The law requires police to inform you of your Miranda rights when they arrest you. If they fail to do this and obtain your information, your attorney will argue that the judge should dismiss any evidence collected during that questioning.

Fighting Your Charges During the Trial

Your DUI attorney will represent you during all the hearings the judge conducts for your case. They will gather evidence and prepare statements to challenge your charges. Additionally, they will present new evidence and mitigating factors to persuade the judge to rule in your favor. Here are some strategies that your attorney can use to strengthen your case:

Your Field Sobriety Test Results Were Wrong

Most DUI arrests occur after officers observe how a driver performs on field sobriety tests. Before arresting a driver for DUI, police conduct roadside investigations. They begin by asking a few questions and observing the driver’s behavior before asking them to exit the vehicle. Once outside, an officer may request the driver to complete several tests to assess whether they are intoxicated.

However, some drivers may struggle with these tests not due to intoxication, but because they are tired, anxious, or feeling unwell. If your poor performance led to your DUI arrest, your attorney can use this argument to challenge your charges.

Your Arrest Was Not Legal

If the police did not respect your rights or did not follow the proper procedures for making an arrest, your lawyer can use this information to ask for your case to be thrown out. Your arrest becomes illegal if the officer did not have a valid reason to stop and check you for DUI. This defense also applies if the officer failed to properly investigate before arresting you. They might have judged you based on your appearance. If your lawyer proves your innocence to the court, the judge will dismiss the charges against you.

Your BAC Results May Be Wrong

Your lawyer can challenge your DUI charge by questioning the accuracy of your BAC results. For instance, your lawyer might ask the judge to dismiss the charges if the test was not done correctly or if a malfunctioning breathalyzer was used. There are specific rules for how breath and blood tests should be done in DUI cases. If the breathalyzer was not properly maintained or calibrated, or the officer who performed the test was not trained, this could work in your favor. If the prosecutor mainly relied on a high BAC level to bring charges against you, a faulty BAC result would mean they do not have enough evidence to continue with the DUI charges.

Plea Bargains and Charge Reductions for DUI

A DUI plea bargain is an arrangement where someone facing a Driving Under the Influence (DUI) charge agrees to plead guilty to a lesser charge or accepts a lighter sentence instead of going through a trial.

A reduction in charges involves you pleading guilty to a lesser charge. A reduced charge results from a negotiation between the prosecutor and your attorney. Generally, if your charges are reduced, you will face lighter penalties than the original conviction of DUI.

Plea bargaining comes with several advantages. For example, if you have a sentence reduction, chances are you will have a more lenient sentence, and you know what punishment awaits you in advance. On the other hand, if you have a charge reduction, you may not be subjected to a mandatory suspension of your driver’s license. Also, your case will not be treated as a priorable offense. If a crime is priorable, it will count as a prior offense if you are later convicted of a DUI offense within ten years for drunk driving. Other advantages of a charge reduction include:

• Lower fines
• No or little jail time
• No compulsory DUI School program
• A lower adverse effect on your insurance
• Reduced stigma as compared to a DUI conviction

Note that various charge reductions would still be priorable. By this, it means they would still be considered as prior convictions if you are rearrested for DUI of alcohol or drugs. For example, wet reckless still counts as a priorable offense.