The state of California has put in place several measures that discourage drunk driving and ensure that motorists and pedestrians are always safe on the roads. DUI is considered a severe offense in the state, and for that reason; law enforcement officers are always on the lookout to ensure that no motorist is driving under the effect of drugs or alcohol. If you have been arrested for DUI in Deluz, for instance, you might face severe penalties that could alter your life for good. For that reason, you need to seek the best DUI defense services. Working with a Deluz DUI Attorney can help you go through the process swiftly and also make certain that your rights will be respected.
California DUI Laws
DUI in California is defined as an unlawful act of operating a vehicle while under the effect of alcohol or drugs. DUI laws in the state of California are provided under the state's Vehicle Code 23152. There are many sections of this law that provide different laws and statutes that should govern motorists operating on the state roads. These include:
- Vehicle Code 23152(a) - This section of the law states that it is criminal for any driver to operate a vehicle under the influence of drugs or alcohol to the extent that their physical and mental abilities are completely impaired. The law enforcement officers, in this case, will consider how the driver was operating the car. If you weren’t operating the car as perfectly as a sober person, would then you may be found guilty of DUI. Note that your blood-alcohol content will not be required to prove your case.
- Vehicle Code 23152(b) - of the California Statutes, which uses a driver's BAC level to determine whether or not they are guilty of drunk driving. According to this statute, all drivers are not allowed to drive with a blood-alcohol content that is at or higher than 0.08%. This is California's intrinsic definition of drunk driving, and the prosecutor will not seek to demonstrate that the accused was indeed driving under the influence but only that their BAC level was higher than standard.
- Vehicle Code 23152(c) - This prohibits anyone that is dependent on any kind of drug from operating a vehicle
- Vehicle Code 23152(d) - This makes it unlawful for any commercial vehicle driver to operate with a Blood Alcohol Content level of 0.04% and above
- Vehicle Code 23152(e) - This makes it criminal for a driver operating a vehicle for hires such as Uber or taxi from proceeding with a Blood Alcohol Content level of 0.04% and above
- Vehicle Code 23152(f) - This makes it unlawful for anyone to drive a car while under the influence of any drug
- Vehicle Code 23152(g) - This makes it unlawful to operate a car while under the combined influence of drugs and alcohol
The majority of people detained for DUI in the state are charged with the first and second Sections of California Vehicle Code 23152. These are the principal statutes that guide the prosecutor on how to proceed with the case.
Violating any of the above-listed statutes will see you facing serious misdemeanor charges which might include punishments such as several months behind bars, hefty penalties and a likelihood of losing your driver's license. To avoid the severe penalties or have your charges dropped; you can seek the services of a qualified Deluz DUI attorney.
A qualified Deliz DUI attorney is one that is familiar with the court process and all the requirements. His/her services will be vital since you need guidance throughout the process to ensure that you are not missing out on one crucial detail that could aggravate your situation.
Your Deliz DUI attorney will provide the necessary advice to ensure that you are not making statements that could incriminate your case. The prosecutor or arresting officers will be quick to ask you many questions as they prepare their report against you. Your lawyer will advise you when to respond and when not to respond, to ensure that you are only saying things that will help and not worsen your case.
You need someone with you that will keep the court deadlines and ensure that all the required documents are filed on time. For that reason, you should get in touch with a qualified Deliz DUI attorney as soon as you are arrested. This way, there will be someone submitting the paperwork on your behalf without fail to ensure that your case is dealt with as soon as possible.
Finally, your Deliz DUI attorney will negotiate with the prosecutor for fairness and also deliver the exact results you are aiming for by the end of the court process. Through his/her help, you can enjoy a good plea bargain or even an alternative to jail if you do not want to spend time behind bars. Some of these attorneys are well-versed with how these negotiations work. Again, their good years of goodwill and trustworthiness can make things a bit easier for your case.
What Type of DUI cases can a Deliz DUI Attorney Help You With?
Like mentioned earlier, drunk driving is a serious issue not just in California but in the entire country. For that reason, any suspicion of drunken driving can leave a driver paying so much in penalties and a long time in jail or prison. There is no simple DUI case in the state of California. That is why a Deluz DUI Attorney will be there to help you with any DUI problem you might be facing. Some of the most common DUI cases he/she can handle include:
In California, driving a car under the influence is typically a misdemeanor offense. Your first, second, and third DUI conviction will be charged as a misdemeanor. There are mainly two elements for misdemeanor DUI:
- That the driver was indeed driving under the influence of drugs or alcohol
- That the driver was driving with a BAC of 0.08% or more
When a driver is arrested for DUI, their driving license is confiscated and will have ten days to contest against the suspension with the state's Department of Motor Vehicle.
The penalties a driver could face when found guilty of a misdemeanor DUI in the state include fines ranging from $380 to $2000, a jail term from 6 to 12 months plus suspension of your driver’s license from one to three years.
For that reason, misdemeanor DUI has the potential of interfering with your personal and professional life in many ways. That is why you need to work with an experienced DUI attorney who can get your charges dropped or reduced.
As mentioned above, only the first three DUI convictions in 10 years will be charged as misdemeanor DUI in California, and as long as there were no aggravating factors. The rest of the DUI cases can fall into the category of felony DUI. There are three instances whereby your DUI case can be sentenced as a felony:
- If the DUI conviction you are facing is the fourth one in 10 years
- If your DUI act caused an injury or even the death of another person
- If you have at least one prior felony DUI conviction on your record
There is a massive difference between a misdemeanor and a felony DUI conviction. An offender facing a felony DUI sentence could spend up to four years in state prison and be charged fines that could amount to $1000. If another person was injured in an accident resulting from your DUI act, you might be required to pay restitution to that person or the family if their loved one died.
There is also a mandatory requirement to attend a DUI program and to register as a habitual traffic offender. Remember that fourth DUI offenders could lose their driving privileges for up to four years.
These are just the general penalties you could face if convicted of felony DUI. The punishments could be more depending on the nature of your case and the judge. That is why you need the help of a competent attorney to have our charges reduced or dropped altogether.
DUI Hit and Run
Hit and Run DUI happens when a driver under the influence of drugs or alcohol causes or gets involved in an accident, then flees the scene of the crash before stopping to offer help, their personal information or to call the police. Both DUI and Hit and Run are severe offenses in California. Fleeing an accident scene while driving under the influence will leave you facing very harsh penalties that include many years of incarceration and monetary fines.
A drunk or drugged driver that flees the scene will face two types of Hit and Run charges alongside their DUI charges: Hit and Run resulting to physical injuries as provided under Section 20001 of California vehicle Code and Hit and Run resulting to property damage as provided under Section 20002 of California Vehicle Code.
Misdemeanor Hit and Run penalties may include a maximum of six months in jail and a fine that could go up to $1000. A felony Hit and Run offense is punishable by fines that could total to $10,000 and a prison sentence of four years maximum. Note that these are penalties that could be charged alongside DUI penalties and therefore, will be served consecutively.
DUI and Military Members
There are many military members and veterans from various branches of the armed forces living in Deluz today. If you are one of them or you were in the military before and have been arrested for DUI, you need legal help in understanding the DUI process and also for the defense to avoid facing the possible punishments that could come after conviction. When it comes to DUI, there are special laws that apply to military members that may be difficult to understand, especially if you are facing a first DUI arrest.
Military members are likely to receive even harsher penalties after a DUI conviction that civilians. Some of these penalties would be:
- A negative report on your performance
- Monetary fines
- Limited access to the base
- Loss of rights to your pension
- Demotion or pay-cut
- Loss of security clearance
- A dishonorable discharge from the military
Every penalty here is significant in its sense; therefore, it can drastically affect the life of a military or ex-military member. What you need is the help of an experienced Deliz DUI attorney. With the right attorney working with you, you can fight the charges for more lenient sentences, or you can negotiate for a military diversion program for your charges to be dismissed once you complete the application.
Everyone that is facing DUI charges stands a risk of losing their driver's license from two distinct fronts. The first way you could lose your license is if you are convicted of DUI. However, you can still lose your driving license even if your DUI charges are reduced or dropped. This is because California laws allow the Department of Motor Vehicles to suspend your license if they feel that it is the right thing to do.
Suspension of your license may or may not happen depending on the outcome of a DMV hearing, which is conducted upon a defendant's request. The purpose of the hearing is to determine whether the defendant can keep their license. If you do not want to lose your driving privileges, there is something you can do to protect your license, and this is by requesting a hearing within ten days of your arrest and getting the right legal representation.
A competent Deliz DUI attorney will advise you on what to say or attend the hearing on your behalf to increase your winning chances.
How can We Help Fight Your California DUI Charges?
An experienced Deluz DUI attorney will use different strategies to defend you against the charges you are facing depending on the nature of your case and the underlying circumstances. Some of the defense strategies that could help include:
Error with the DUI breath checks:
DUI breath checks in the state of California are under great criticism for a very long time for their dependability and preciseness. Some of the issues that have come up in the past include inaccurate calibration, instrument malfunctioning, and unsuitable techniques used by law enforcement officers to administer the tests. Some test results are also affected by the defendant's diet as well as radio frequencies. For these and many other reasons, the BAC test results taken when you were being arrested could be disputed by a smart attorney. If this is successfully done, your charges may be dropped.
The rising alcohol level in the blood:
The rate of alcohol absorption into the body is from 50 minutes to 3 hours after ingestion. If you started driving immediately after consuming alcohol, and you were stopped by law enforcement officers shortly after, the alcohol may not have absorbed fully into your blood. This means that the reading if you take a BAC test there and then will not be accurate. A high BAC level at the time you are taking the test does not necessarily mean that the defendant had the same high BAC while driving.
Lack of probable cause:
The first thing your attorney would like to establish is whether or not there was a likely cause for your arrest. The law requires law enforcement officers to have a credible reason before stopping and arresting any driver for DUI. What made them suspect you of drunk driving? If it was just a routine check, then they suspected that you were drunk or drugged after stopping you, much of the evidence they have gathered may not be admitted in court.
An unlawful arrest can happen if the DUI checkpoint where you were arrested was not legally operational. There are DUI checkpoint requirements that must be adhered to before a checkpoint can be termed as legal. A DUI checkpoint should, for instance, maintain proper and the right amount of supervision by officers overseeing it. The roadblock should also be advertised in advance. There is also a procedure that officers must follow in stopping and arresting drunk or drugged motorists in a checkpoint. If any or all of these requirements were violated, then any arrest made on such a checkpoint will not be termed as legal.
The arresting officer did not read your Miranda rights:
California law also requires the arresting officer to explain the Miranda rights to a defendant soon after arrest. Some officers do not do this, and they proceed to question defendants and take statements before allowing the accused to contact their attorney. If this was not done for you, your attorney could use it to have your charges reduced. Any evidence the arresting officer will have gathered before reading your Miranda rights will not be acceptable in court.
Find a Deluz DUI Attorney Near Me
DUI is a serious crime that will leave you paying heavily in fines and time in jail. The state of California allows motorists who are facing DUI charges to have legal representation to ensure a fair trial and also to protect the rights of defendants. A legal representative by your side can make a significant difference in the outcome of your case. That is why you need to get in touch with the San Diego DUI Attorney. Call us at 619-535-7150 and allow us to help you navigate the process.