Have you been arrested for DUI, or do you have a pending drunk driving case? If yes, then you should be looking for a Glenview DUI Attorney. San Diego DUI Attorney has a team of dedicated and committed lawyers who have specialized in drunk driving cases. Our attorneys will help you fight your DUI charge if you have been charged in the Glenview area.
What is DUI in California?
According to the laws of California, the term DUI refers to the unlawful act of operating a vehicle while being both physically and mentally impaired by drugs or alcohol. Typically, most people are arrested for driving under the influence in Glenview if their blood-alcohol level exceeds the limit prescribed by California’s Vehicle Code. This limit is 0.08%.
As per VC 23152(e), you will still be arrested for drunk driving in California if your BAC level is above 0.04% and you are driving a commercial vehicle with passengers inside. People who are below 21 years old can also be arrested for driving under the influence if their BAC level is over 0.01%. Sometimes, you don't need to submit to a chemical breath test before the law enforcement officer arrests you for DUI. The police officer can observe you for around 15 minutes to discern whether you are impaired. For example, he can gauge whether you exhibit some physical symptoms of intoxication such as red eyes, slurred speech, flushed face, and an unsteady gait.
Most people who are arrested for drunk driving in California are customarily charged with two counts of violating California's Traffic Laws; VC 23152(a) and VC 23152(b). This means that they will have to fight off two DUI charges; exceeding the BAC limit and driving while being both physically and mentally impaired.
If you caused an injury while driving drunk, you will be charged under California’s VC 23153. DUI causing injury is a California wobbler since it may be charged as either a misdemeanor or a felony.
It is not only drinking alcohol, which can make you be arrested for DUI in California. There are other various substances that can affect your mental judgment and make you feel intoxicated. Some of these substances include prescription drugs, over the counter medicine, marijuana, and other narcotics.
Scooter Laws and Driving Under the Influence
Yes, you can be arrested for DUI while riding a scooter in Glenview city. Unlike in motor vehicles, there is no prescribed BAC limit for intoxicated bicycle riding and scootering. According to VC 21200.5 & 21221.5, you should not operate any scooter or bicycle while being physically impaired because of drugs or alcohol. A police officer will motion you to pull over if he notices that you are riding recklessly. Then, he will observe whether you exhibit any physical symptoms of intoxication. He can also make you take part in a field sobriety test. If he finds out that you are intoxicated, you will be put under arrest for scooter DUI.
The Penalties for DUI in California
The punishments for a California DUI typically vary depending on if you had any prior drunk driving charges, and if there are some aggravating factors in your situation. Driving under the influence is generally charged as a misdemeanor. Occasionally, the prosecutor may file it as a felony if you injure someone or if you have ever been convicted of DUI. Prior convictions are counted within a ten-year timeframe from the date when you were arrested. You can avoid suffering from these penalties if you contact a Glenview DUI Attorney before you are arraigned in court for plea taking.
What are the Penalties for First Time DUI in California?
If you are convicted of a first offense DUI in California, you will have to pay a fine of between $390 - $1000. You may also be obliged to serve a jail term of up to six months. Your license will be suspended for six months by the court, and the DMV authorities can put it on hold for a further four months. Furthermore, you will have to complete a three-year probation period. During this time, you must attend a California DUI class. Moreover, you will be ordered by the court to install an IID in your motor vehicle for not less than six months.
What are the Punishments for Second Offense DUI in California?
The penalties for a California second offense DUI include fines of between $390 - $1000, a one-year jail term, and a suspension of your license by the court for two years. The DMV authorities can add you an extra one-year suspension period, and you will have to stay for three years without driving. Furthermore, you will have to complete a probation period of three years; coupled with a condition of mandatory DUI classes for 18 – 30 months. You will also be required to have an ignition interlock device in your car for one year.
What are the Penalties for Third Time DUI in California?
A third DUI conviction has very grievous penalties. You will be charged a fine of up to $1000, but you will have to incur the costs of various penalty assessments, and you may spend around $18000. You may also be ordered to serve a jail term of one year, and your license may be suspended for more than three years. Moreover, you will face informal probation of three to five years, and you should install an IID inside your vehicle for two years.
What are the Punishments for Felony DUI in California?
Typically, other subsequent DUIs, including fourth time DUI within a timeframe of ten years are charged as felonies. You will also be charged with felony DUI if you injured someone while drunk driving.
The penalties for felony DUI in California include payment of a fine which may be between $390 - $5000, compensating the injured party, a three-year jail term, a permanent or three-year suspension of your license, a five-year probation period, and an installation of an IID in your car for three years. Furthermore, you will get a bad criminal history of being convicted of a felony.
If you caused an accident which resulted in the death of an individual, you would have to face additional charges of murder or vehicle manslaughter under the penal code of California.
What is an Ignition Interlock Device?
California Senate Bill SB 1046 brought about a new major change to the DUI laws of California. This law states that each DUI convict should install an ignition interlock device inside his vehicle before he can qualify for a restriction on his driver's license. The period which you will have to install an IID varies typically depending on how many times you have been convicted of DUI as illustrated below:
- First time DUI: Installation of an IID for six months
- Second time DUI: Installation of an IID for one year
- Third time DUI: Installation of an IID for two years
- Fourth time DUI: Installation of an IID for three years
In case you have been convicted of drug or marijuana DUI, the authorities won’t require you to install an IID in your car. Most first time DUI offenders prefer to install an IID in their vehicles so that they can quickly get back their driving privileges.
This IID works a testing device, and it is normally connected to the ignition system of your vehicle. Before you start your engine, you must first blow your breath on it. If the device detects any alcoholic content in your breath, the car engine will fail to start. This device can also require occasional breath samples when you are on the way. This is just a method of monitoring that you won't take any alcohol while driving.
If you attempt to tamper with the device or fail to blow your breath on it, your restricted license will be suspended. You will have to pay both the installation and maintenance costs of the IID. Immediately the IID is installed, it must be inspected and calibrated by the local authorities within intervals of around sixty days.
Are There Any Other Consequences of DUI Besides Court Penalties?
Yes, apart from court penalties, you will have to face other punishments of drunk driving if you get convicted. These consequences include:
- California DUI convictions may affect your certifications, insurance, and professional licenses
- You may be required to file an SR22 form before signing up for auto insurance
- Unless you expunge your conviction, you will have a bad criminal history. Furthermore, you may miss out on job opportunities, education scholarships, and other forms of financial aid
- You will have to put your signature on a Watson Advertisement. This signature may be used to your detriment in any drunk driving incident you will be involved in the future
If you are a driver of a commercial vehicle, you will have to be more careful. Commercial drivers are usually held in high esteem by the Californian authorities. This is because their prescribed BAC limit is much lower than that of the standard BAC limit. Drivers of commercial vehicles should not have a blood-alcohol content which exceeds 0.04%; unlike the 0.08% of other drivers.
It is quite easy to blow 0.04% even if you feel completely alert; both mentally and physically. Moreover, you can't fail to submit to an alcohol breath test if you are driving a commercial vehicle. If you refuse to take a BAC test, the court will automatically consider you to be guilty, and your driving license will be revoked.
If you have been convicted of first commercial DUI, your driving license will be put under suspension for one year. A second commercial DUI conviction will make you lose your license for life. Also, you won’t be entitled to a restriction.
Furthermore, you may have to serve a jail term for a specific period per the nature of your traffic violation. Typically, first-time commercial DUI convicts are expected to serve a three-year sentence. Any other subsequent commercial drunk driving convictions will make you be sentenced to life imprisonment.
California enforces grievous punishments to commercial DUI. Immediately after you've been arrested for commercial drunk driving within Glenview City, you should look for an experienced Glenview DUI Attorney. If you hire a top-notch lawyer, he will start fighting your charges immediately.
What If I Refuse to Take the Blood and Breathalyzer BAC Tests?
According to VC 23162, any person who is driving a vehicle is deemed to consent to take a blood-alcohol test; especially when he is arrested for drunk driving. If you fail to submit to a BAC test, your license will be put under suspension for an extended period. Furthermore, you will not qualify for a restriction on your license; and you won't get any driving privileges.
You can prevent your driving license from being suspended at a DMV hearing. You should request this hearing within a ten-day timeframe from the date when you were arrested. With the right Glenview DUI Attorney by your side, you can effectively challenge the revocation of your license.
What are the Defenses to DUI in California?
There are many defenses that your attorney can use to help you get acquitted in your DUI case. In any drunk driving case, the prosecution should be able to prove two elements:
- That you were operating a vehicle
- That you were being influenced by alcohol or drugs
Most DUI defenses usually revolve around these two elements. The main goal of a defense strategy is to weaken the prosecution's case. If the prosecutor fails to prove any of these two elements, you will be acquitted.
Driving and Related Defenses
If you weren’t driving, then there is no way you can be convicted of DUI. So, if you had been sleeping inside a vehicle when the law enforcement officer approached you; you will have an excellent defense strategy.
Arrest Procedures and Related Defenses
Sometimes, the law enforcement officer may not follow the proper procedure when arresting you. You can use this as a defense in your DUI case. Typically, defenses that are related to proper procedures assert that since the police contravened the law while arresting or flagging you down; some evidence should be excluded. When you utilize this evidence, you will be able to weaken the case of the prosecution. In the long run, the prosecution will adduce insufficient evidence, and your case will be dismissed.
For instance, your attorney can assert that the police officer didn’t have a probable cause for motioning you to pull over. A law enforcement officer should flag you down if he has a reason to believe that you are infringing one of California’s traffic laws.
Moreover, if the police didn’t read to you your Miranda rights while arresting you; you can utilize it as a defense. For example, you have the right to remain silent. The arresting officer can put you under duress during questioning. Because of the constant threats, you may make a statement which incriminates you. Your lawyer can request the court to exclude all the evidence obtained through police interrogation at a suppression hearing.
Challenging the Testimony of the Investigating Officer About Your Behavior
For the prosecutor to prove that you were physically and mentally impaired while driving, he will have to bring in the law enforcement officer who arrested you. This officer will give a testimony regarding your behavior. Before you are put under arrest, a law enforcement officer will observe you and gauge whether you are sober. He will notice whether you exhibit specific physical symptoms of intoxication like bloodshot eyes, poor performance in field sobriety tests, an alcoholic odor, bizarre behavior, and slurred speech.
If you hire the right Glenview DUI Attorney, he can convince the juror's that the arresting officer's conclusion that you were drunk was wrong. For example, he can assert that you were following a ketogenic diet, and you had plenty of ketones in your body system. Ketones have some alcoholic content. When you blew your breath in the BAC test, you had a high reading because you were in ketosis; and you were not intoxicated.
With the help of your Glenview DUI Attorney, you can summon witnesses. These witnesses should have been present at the time when you were put under arrest, and they should have a different viewpoint from the arresting officer.
However, it can be hard to find witnesses in a DUI case. Also, it isn't a wise decision to bring in passengers in your car as witnesses. This is because the prosecution can easily dispute what the witnesses testify by claiming that they are biased.
Get in Touch with a DUI Attorney Near Me
If you believe that you were violating the law when the police officer arrested you for driving under the influence. Don't worry – you still have the right to legal representation. You are entitled to defend yourself using the most appropriate lawful means so that you can fight for your interests. Get in touch with the San Diego DUI Attorney today at 619-535-7150 to jumpstart your case. If you have a case out of the Glenview area, we will be delighted to help you fight for your freedom.