DUI in Morettis Junction, ranges from a first-time misdemeanor to second-degree murder. The higher the level of crime, the harsher the punishment. You might be wondering how your can be charged with second-degree murder. For instance, if you had been convicted for a first DUI, later on, you get another, and this time you were found intoxicated above the legal limit, and in the process, someone else dies, you would face a second-degree murder. You are ultimately convicted and placed under the Watson murder rule with 15 years in state prison. For this reason, your rights and freedom are at risk. However, at San Diego DUI Attorney, we assist people in regaining control of their future when charged with a DUI crime.
When one obtains a driving license, you come into the consent of abiding by the California Blood Alcohol Content (BAC) laws. These laws prevent you from drunk driving with a BAC of higher than 0.08%. You are expected to take a breath, blood, or urine test if the police officer has probable cause to doubt your driving conduct. Note that you also have a right to choose the chemical test to be performed on you. You can go with a blood test or a breath test. You will also get a series of field sobriety tests like reciting the alphabet and walking straight.
If you decline to comply with the law enforcers, the police must explain to you the consequences you would face if you refused to take the tests. The punishments involve additional fines, mandatory jail time, automatic driving license suspension for one year for the first refusal, two years for the second, and three years for the third.
Most people do not realize the severe punishments involved while convicted with a DUI. The penalties include jail time, court fees, DMV issues, and the loss of your driving license. Once you get accused of DUI, you need to hire an attorney that focuses on the DUI cases. A Morettis Junction DUI attorney will help you fight the criminal charges associated with DUI. Regardless of your test results and the legal limit. We use legal motions, objections, and arguments to beat the DUI charges.
Vehicle code 23152(a) prohibits a person from driving under the influence. The language on this code lays the legal foundation on all DUI laws. It is not limited to the impairment of consuming alcohol. It also includes the intoxication of being under the influence of drugs. According to this rule, the prosecutor does not have to know the specific substance that led to intoxication. Only that the driver was under the influence of any substance that impaired the ability to operate a vehicle, this offense is a misdemeanor. It can be charged as a felony to those defendants who had prior convictions of DUI within ten years.
Vehicle Code 23152(b) the per se law prohibits a driver from driving with a BAC of 0.08% or higher. The bill has two parts. Part one deals with driving under the influence, and part two inquires about the driver's BAC level. Those who violate this law are faced with a misdemeanor or a felony. The charges will depend on the sovereignty of the offense, such as the accused criminal history, recklessness of the driver, and injuries caused by the DUI.
Vehicle Code 23152(c) prohibits one from driving while addicted to drugs. This law does not apply to those people who are participating in an approved program of narcotic treatment. It commences with Penal Code 11875 of the Health and Safety Code. The first, second, and third offenders of this rule are charged with misdemeanors. But the fourth and subsequent offenses are charged with a felony.
Vehicle Code 23152(d) is a commercial DUI that prohibits one from driving a commercial vehicle with a BAC of greater than 0.04%. The legal limit only applies when the driver is operating a commercial vehicle. Anyone who violates this law and is a commercial driver faces jail time, fines, probation, or ordered to attend rehab.
Vehicle Code 23152(e) is a per se law for the taxi, ride-sharing, and limo. It prohibits driving with a BAC of higher than 0.04% with a paying passenger. The first, second, and third offense are charged as misdemeanors. The fourth and subsequent offenses are charged as a felony.
Vehicle Code 23152(f) prohibits driving under any drug, whether illegal or prescribed. Unlike other rules, this law does not have a legal limit. The law charges can be a misdemeanor or a felony, depending on some situations. A first time offender with no aggravating circumstances of this law may get little or no jail term.
Vehicle Code 23152(g) prohibits driving under the influence of both alcohol and drugs. Note that the crime can be filed even when neither of the drugs or alcohol amounts was enough to cause impairment. The penalties would depend on prior DUI convictions, fatalities from a crash, and aggravating factors.
Vehicle Code 23612 prohibits refusal to submit a chemical breath or blood test. If you decline to take the chemical tests may lead to an automatic loss of driving license for a minimum of one year.
Morettis Junction DUI Court Trial and The DMV Hearing
After an arrest for DUI, you would face two distinct entities: the Department of Motor Vehicles (DMV) and the court. Each has its rules, laws, and regulations. The DMV would automatically suspend your driving license for 30 days from the day of the arrest. Nevertheless, you can request a DMV hearing to avoid your license being suspended. The request should be made within ten days of arrest.
At the hearing, you would be asked the following questions:
- If you, the defendant were legally arrested
- Was your BAC level above 0.08%
- Did the police officer who arrested you have probable cause
In most situations, the answers to the three questions are yes. Once you agree on the issues, you end up losing the case. However, with our experienced attorney, we win these cases by proving flaws in the prosecution case against you. By winning the DMV hearing means your license suspension would be delayed and take the transcripts from the conference to use in the second part of the DUI process, which is the criminal court.
Whether you win or lose your DMV hearing, you have to go through the criminal court process. You will be arraigned in court for the charges against you. Our attorney will plead not guilty or, in some situations, no contest.
The prosecutor, on the other hand, would request you to agree on a plea deal. He or she promises to reduce penalties or charges if you accept. We always advise our clients not to come into an agreement on the plea. Instead, we plead not guilty on your behalf and build a strong defense to discredit the charges.
How to Prepare for Your Court Trial as a DUI Perpetrator
There are two general approaches to improve your chances for a favorable outcome before trial on your DUI charge. The first approach involves being proactive and addressing how you were accused of minimizing penalties. The second approach is more reactive and designed to defend the charges by arguing you are not guilty. You realize you cannot do this on your own whether you pleaded guilty or not guilty. Consult a Morettis Junction DUI attorney for assistance to minimize your DUI charges fully.
However, whether you have an alcohol problem or you are addicted to it, it does not matter at this point. Immediately the jury enrolls you into an inpatient or outpatient program, and you have to attend the Alcoholics Anonymous (AA) meetings. These are alcohol treatment programs that fall into two categories. They include inpatient and outpatient rehab.
Faithfully attending to them will show the prosecution that you are taking your charges with the seriousness it deserves.
An inpatient program takes approximately 30 days. It is more expensive than an outpatient program as they involve intensive, residential treatment programs that treat serious addicts. The outpatient program requires several hours a day of classrooms, teaching, group therapy, and regular alcohol testing. The defendant needs to understand the differences in both treatments before selecting any.
Penalties Associated With a DUI Accident
DUI traffic tickets are pretty harsh, but what can be worse is an accident caused by an individual who was under the influence of drugs or alcohol. The consequences are criminally charged and take many years financially. Below is a breakdown of the possible penalties for a DUI accident.
- DUI charge - The defendant has no chance of escaping this penalty. The accident might not be your fault, but if upon being stopped, you were driving under the influence, you must face the full wrath of the law.
- Reckless driving - Driving carelessly without minding the safety of other people or property in the surrounding will result in facing reckless driving charges. Even when you don't hurt anyone but hit any property while drunk driving, you would still be charged. The penalties include added fines with DUI fines, and raised insurance premiums.
- Driving to endanger - To purposefully threaten someone else on the road is a serious crime. It can result in losing your driving license along with hefty fines. Criminal charges are given to the person who caused an accident while drunk driving. It appears as if the accused tried to hit either a property or a car. The penalties include jail time for up to two years.
- Assault - It refers to hitting another person either with a car or a fist leading to an assault charge. For drunk drivers, if you hit another vehicle or a pedestrian, you can be charged for assault on top of other charges. Especially if it appears that you intentionally drove towards the person or the car.
- Negligent homicide - If a drunk driver caused an accident and someone dies in the process, he or she gets charged with negligent homicide. The penalties include jail time, from six months to ten years.
- Civil lawsuit - Civil lawsuits are very harsh to drunk drivers. This is the main reason why insurance companies charge hefty premiums to those who have a prior DUI conviction. There are severe physical and emotional damages associated with car accidents, and the victims expect their bills to be covered as compensation. The insurance companies, therefore, do their best to get away with paying less.
How We Handle DUI Cases
Generally, when we are dealing with DUI cases, we look at a couple of things. We try to understand the basis for the probable cause of police stop and the encounters of the accused with the law enforcers. We try to get everything suppressed or kept out of evidence. There is also the time taken when the accused was detained. He or she should not be unduly held for long. One should not be kept on the side of the road for longer than three hours.
For one to be arrested, there must be enough evidence at that particular point based on the arrest. Our attorney would take analysis from there and determine what the prosecutor must prove to establish conviction. A toxicologist would also be involved to check on the matters of the accused intoxication. We will also investigate if you had other people in your vehicle. If you had passengers, we ensure that their statements they give would contradict totally with what law enforcement says and coincides with our defenses objectives.
DUI charges have the most stringent law's penalties that can lead to a permanent criminal record. Hence, if you want to keep your job, enjoy your freedom, save your money, and maintain a clean record, engage with our Morettis Junction DUI attorney immediately, you get arrested. We have handled numerous DUI cases, and we know what to do with any DUI offense. We will fully be there for you, even at the highest level of the crime.
Why You Need a Morettis Junction DUI Attorney
Hiring an attorney is considered as having a best friend. Someone who can be there for you for better or worse. In this case, an attorney will be there for you during the court process. He or she will be the only person you will present your account in the DUI case. The attorney will go further by making appearances in court, even in your absence. Below are some of the reasons for you to request our services.
- We understand DUI matters - Not all people know legal terms used in court. For example, in DUI cases, there are different laws and technicalities questions used to form the basis of the defense. Such issues include proper breathalyzer usage, how the evidence was handled, the police behavior, and so on.
- We have the experience - We have worked with different judges and prosecutors that we end up learning their tactics on how they handle the cases. Each court and judge has different rules and requirements. For that reason, we can assist our clients when determining how to plea.
- We will represent you in your DMV hearing - Once you get arrested for a DUI, most probably, you will lose your driving license. The DMV suspends your driving privileges. We will give you the proper paperwork form to fill up with the right necessary information and ensure your driving license is reinstated.
- We value your status - Being a licensed professional puts your license at risk if you are accused of DUI. More so, if another person got injured or lost life in the process. Our attorney values your job and would form the most vigorous defense possible to have your career intact.
- Our attorneys have advanced training - Our attorneys have obtained advanced training in DUI defense. With us, you have a better chance of winning your DUI charges. You are sure of a successful outcome. Even in a complicated case like murder, we will strive to make a considerable difference that leads to a reduced punishment.
If you were arrested and willingly provided the police with the breath or blood samples, your reading was above the legal limit, that is, above 0.08%, there is not much room for you to argue your case. You will need us to defend you. DUI is a severe legal offense and should never be taken lightly. Let us navigate through the maze of your DUI charges.
Find a Morettis Junction DUI Attorney Near Me
DUI is one of the most prosecuted crimes in California with thousands of arrests each year. Depending on the circumstance of your offense, the charges can be a misdemeanor or a felony. If you or a loved one is accused of DUI, call our San Diego DUI Attorney team at 619-535-7150 immediately. Do not make any statement or pay a bill without our consent. No matter the situation, our DUI attorney will mount the most effective defense for you and attempt to avoid your case from getting to the trial.