Aggravated DUI in San Diego
For a first DUI offense, jail time will not be assigned unless aggravating circumstances are present. Each county, and each court, will assign varying degrees of importance or interpretation to these aggravating circumstances. Having an experienced defense lawyer like Vincent Ross will provide you the best defense in navigating the available options and the tendencies of each court to develop an effective defense strategy.
Aggravating circumstances affecting your case may include the following situations:
- You were in an accident with another vehicle.
- You were involved in any type of accident in which someone was injured.
- Your blood alcohol concentration (BAC) was 0.20% or above.
- There were passengers in your vehicle under the age of 14. (Note: In some cases this could result in charges of Child Endangerment.)
- You refused to submit to a breath or blood testing.
- You were on probation from another case at the time of arrest.
- At the time of the traffic stop, your license to operate a motor vehicle was suspended, cancelled, revoked, or you did not have a California driver’s license.
- You had two or three prior DUI offenses within a short period of time.
- You were traveling at a speed of at least 25 to 30 miles per hour over the posted speed limit and driving in a reckless manner.
- You were under the age of 21 at the time of arrest.
- You failed to remain at the scene of an accident and were charged with hit-and-run.
Some of these aggravating circumstances may carry much more serious consequences and, as a result, can lead to additional punishments being applied by the courts. These additional penalties can have a very serious impact on your career and your life. The defense lawyers at San Diego DUI Attorney have the expertise to evaluate your case and offer the strongest protection and advice so that you can achieve the best outcome to your DUI charge.
Additional punishments for Aggravated DUI convictions
In most first or second DUI cases, a resolution can occur during the plea bargaining stage. The presence of aggravating circumstances, however, may prompt the prosecutor to seek additional punishment against you. Additional punishments can include jail time, public service work, community service, mandatory alcohol-related meetings, enhanced fines, longer treatment programs, etc.
DUI involving an accident
If you are involved in an accident while driving under the influence in San Diego County, the case may be prosecuted differently depending upon which court has jurisdiction over the case. Regardless, the charges are serious and can result in additional fines or mandatory public service work. The lawyers at San Diego DUI Attorney have experience and knowledge of the court processes and tendencies.. We will help lead your case toward the most desirable result, no matter which court presides over your case.
DUI Causing Bodily Injury
Causing bodily injury to another person while driving under the influence is often the most serious type of DUI case, as it can be charged as either a misdemeanor or a felony. If you are involved in a DUI accident resulting in injury to another person, misdemeanor charges will be filed and you could be assessed a minimum of 5 days in a county jail with a one-year license suspension. More serious injuries resulting in “great bodily injury” (GBI) will often result in your case being charged as a felony. This could result in a state prison sentence of 16 months. The court may also punish you with restitution to the victim(s), requiring you to pay damages for your accident, and/or reimbursement to the county for expenses incurred while investigating your accident. The lawyers at San Diego DUI Attorney will handle all facets of your DUI case, including hearings, court appearances and restitution hearings. We will work to mitigate each step of this process to get the best possible result for you.
Blood alcohol concentration (BAC) level over 0.20%
If the results of your blood alcohol or breath test indicate a BAC over 0.20%, you may be ordered to attend a 9-month alcohol-related program or Alcoholics Anonymous meetings. A breathalyzer may be mandated for the ignition switch of your vehicle and you may be ordered to spend time in the county jail.
Refusing to take a breath or blood test
Refusal to take a breathalyzer or to allow a blood test at the time of arrest could lead to 48 hours in the county jail and a mandated 9-month alcohol program. The Department of Motor Vehicles (DMV) can also suspend your driver’s license for a minimum of one year.
DUI while on probation
If you were on probation for a prior DUI at the time of your arrest, you may likely face a probation violation hearing. This could result in being sentenced to jail time for violating the terms and conditions of your agreed-upon probation. Since a condition of your probation following a prior DUI would likely include not operating a motor vehicle with any measure of alcohol in your system, you may also face an additional 1-year suspension of your driver’s license. Aa attorney from our firm will accompany you to these proceedings and will work to reinstate the original terms and conditions of your probation agreement.
DUI on a suspended or expired license
If you were operating your vehicle at the time of your DUI with a suspended or expired driver’s license, or if you never received a valid California driver’s license, you may also face additional punishments. In such cases, the prosecutor and court could assess a mandatory 48-hour stay in the county jail. Lawyers at San Diego DUI Attorney exclusively handle DUI and criminal defense cases and our expertise will be a great asset to you when aggravated circumstances are involved. We will help you to avoid jail time and work toward the best resolutions for your particular case.
DUI on a suspended or restricted license from a prior DUI (VC14601.2)
This type of violation can be much more serious. If your license was suspended because of a prior DUI and the prosecutor charges you with California Vehicle Code 14601.2, you could face a minimum of 10 days in jail, increased fines and the installation of an ignition interlock device (IID) on your vehicle.
Excessive speed or reckless driving
If you were driving in excess of 30 miles per hour over the posted speed limit on a highway, or 20 mph on a residential street, at the time of your arrest for DUI, AND you were driving in a reckless manner, then a prosecutor may charge you with California Vehicle Code 23582. The combination of speeding and reckless driving involves putting people or property at risk and may result in a jail sentence of 60 days.
DUI hit and run
San Diego County has aggressively prosecuted DUI cases where property damage occurs and the driver has fled the scene of the accident. If found responsible for hit and run, your driving record will accrue 2 points for this violation, as well as 2 points for the DUI charges. This could result in a six-month suspension of your driving privileges for being a “negligent operator.” If you were charged with hit and run at the time of your DUI arrest, it is very important that you contact San Diego DUI Attorney, as you may also be facing jail time and increased fines. Our experienced DUI defense lawyers will work to minimize the points added to your driving record, thus avoiding license suspensions.
If your case involves any of these aggravated circumstances, call San Diego DUI Attorney at 619-535-7150 and schedule your FREE initial consultation with an experienced DUI law firm.