The Right San Diego DUI Attorney Can Make Huge Difference On Your Drugs & Drunk Driving Case
A San Diego DUI lawyer focus is on representing those accused of driving under the influence in the city or county. They should offer experienced and aggressive representation for anyone accused of driving under the influence of alcohol or drugs. In the city these attorneys are called a San Diego DUI attorney(s).
If you or someone you know has been charged with a DUI, the consequences can be severe. Penalties can include potential jail time, probation, fines, DUI classes, and license suspension.
In fact, if you do not request a hearing with the DMV within 10 days of your arrest, then your California Driver’s License will be automatically suspended, even if you are later found not guilty in the criminal case.
Call or text today to be connected with a San Diego DUI lawyer for a free consultation at 619-493-1207.
DUI laws in California can be found under the California Vehicle Code. The charge in each individual case and the potential punishment can vary, depending on a number of factors including but not limited to: prior convictions, the driver’s blood-alcohol content, whether anyone was injured or killed, and if there were children in the vehicle.
DUI And Blood Alcohol Level
California Law states that the following acts are illegal: Any driver may not drive with a blood-alcohol concentration (BAC) of .08 or higher Any driver may not drive while under the influence of alcohol or any drugs, so that their ability to operate a vehicle safely is impaired. Drivers under 21 may not drive with a blood alcohol concentration level (BAC) of .01 or higher.
The drive of any vehicle requiring a commercial driver license may not drive with with a BAC of .04 percent or higher A driver under 18, may not drive with ANY measurable blood alcohol concentration. Repeat offenders may not drive with a BAC of .01 or
Misdemeanor Of DUI
California Vehicle Code section 23152 is the non-injury drunk driving statute. For a first time offense with no injury, this is a misdemeanor. Subdivision (a) of section 23152 makes it illegal to drive a vehicle while under the influence of alcohol and/or drugs. Subdivision (b) of section 23152, the “per se” statute, makes it illegal to drive a vehicle with a blood or breath alcohol concentration (BAC) of 0.08% or more.
The difference between subdivisions (a) and (b) of section 23152 is that evidence of alcohol or drug impairment is necessary for a conviction of violating subdivision (a), whereas under subdivision (b), only a minimum level blood or breath alcohol concentration need be proven. In cases where there is no chemical test result, only (a) is charged because alcohol level is difficult to determine on the basis of impairment evidence alone.
Since some people are under the influence at alcohol levels as low as 0.05%, chemical test evidence indicating a blood or breath alcohol level of 0.08% or more would probably be necessary for there to be legally sufficient evidence of violation of subdivision (b). In most cases with chemical test results, both (a) and (b) will be charged, but judgment of conviction can only be entered on one of them.
In addition to misdemeanor DUI, an individual may be charged with a felony offense if he or she has multiple DUI prior convictions, or if someone is injured or killed during the commission of the alleged DUI offense.
On a first DUI conviction in San Diego if you have a good San Diego DUI lawyer, you will likely receive no jail time, just probation. However, you could be sentenced to a range of 96 hours of custody and no more than 6 months. The court fine will range from $390 to $1,000, plus penalties will increase the total payment to approximately $2,500.
Your drivers license will be suspended for four months by the DMV, however, you may be able to receive a restricted license after 30 days. Additionally, you will be required to complete a DUI class that will be either 3 or 9 months and complete a course with Mother Against Drunk Drivers.
For a second DUI conviction, you will likely receive jail time of no less than 96 hours and no more than 1 year. Additionally, the fines, penalties, and classes will also be ordered.
For a third DUI conviction, you will likely get jail for no less than 120 days and no more than 1 year. You may be considered by the state a “habitual traffic offender” for 3 years following your conviction and have your license suspended for 2 years.
These are standard penalties for misdemeanor DUI in SD county. However, in any case the penalty may vary. Some judges may also require community service, public work service, an inter-lock ignition device, and other possible consequences. Of course, if someone is injured or killed during the commission of the DUI, then prison time is a possibility in any felony case.
The job of any San Diego criminal defense attorney is to simply make sure that your get the minimum sentence or better yet get your case dismissed.
The Initial Stop by Police For DUI Suspicion
The beginning of a San Diego DUI defense always begins with the initial contact by law enforcement. The 4th Amendment to our United States Constitution provides that we are all free from unreasonable searches and seizures by law enforcement.
Therefore, the first aspect of your case that we are looking at is “why did the officer stop you?” If the officer unlawfully stopped you, then all evidence obtained as a result of the unlawful stop should be suppressed and your case should be dismissed.
Secondly, even if the officer had reason to stop you, that doesn’t necessarily give rise to probable cause to arrest you for DUI. In other words, if the officer properly stopped you for speeding, there must be some other evidence, rising to probable cause to believe that you were under the influence of alcohol or drugs at the time of the arrest.
How the initial stop and contact with police is always the beginning of a potential DUI defense that an experienced San Diego criminal defense attorney can use to build your case to your favor.
The Science Of Criminal DUI/DWI Defense in San Diego County
In a DUI case, the prosecution has the burden of proving beyond a reasonable doubt that the Defendant was driving “under the influence. Determining the BAC makes DUI’s scientific in nature.
Your San Diego DUI lawyer must understand the principles of alcohol in the human body and the methods to determine the BAC. For these reasons, it is very important to hire an experienced San Diego criminal defense lawyer that understands the science of these complex cases
In each case, the defenses may vary, however, below are some general defenses related to the BAC:
Blood Test Cases
The accuracy of a blood test machine is one the defense a San Diego DUI lawyer can use when looking to get your case dropped or reduced. Rising BAC Defense [the defendant’s body was in the absorption phase with the alcohol at the time of driving. Therefore the test results for the time of driving are much lower since the police did not test defendant until after driving]
The Blood Test was inaccurate (i.e., upon retesting, it was not the Defendant’s blood type).
The police/crime lab used an improper amount of preservative, rendering the BAC too high.
The police/crime lab improperly stored the sample causing the blood to ferment and produce alcohol, causing the test
results to be high.
Many other potential blood test defenses provided by our scientists who re-test the blood sample in every case.
Breath Test For DUI
Rising BAC Defense [the defendant’s body was in the absorption phase with the alcohol at the time of driving. Therefore the test results for the time of driving are much lower since the police did not test defendant until after driving].
The breath test machine was not properly calibrated.
The breath test machine is inherently inaccurate.
Many other potential breath test defenses provided by our scientists who own the same machine the police use to test a defendant’s BAC.
Get Connected With A San Diego DUI Lawyer Law Firm For Consultation
The best thing that is recommended is that you speak to an experienced San Diego DUI lawyer so they can explain to you better the California criminal and DUI laws in person.