DUI convictions in California are associated with several consequences. You are likely to face long jail terms coupled with hefty fines. You could also be denied chances to employment and educational opportunity. However, a DUI defense attorney can help in defending you against charges of driving under the influence, and this could be what you need to protect your rights and freedom.
San Diego DUI Attorney is one of the leading DUI defense firms that serve DUI arrestees and defendants in the Solano Beach area. We invite you to contact our local office to seek help from our experienced attorneys regarding your case.
DUI Cases That We Handle
Our Solana Beach DUI attorneys can represent and advise you if you are facing the following charges:
First DUI Offense
You may be charged with this offense if it is your first time to be arrested for DUI. This implies that you should have no prior DUI charges in your driving history. If convicted of the first DUI offense, the penalties may include fines ranging from 390 to 1000 dollars, 48 hours jail term that can go up to six months, and license suspension for a period of six months to one year. You may also be subjected to summary probation, and given an order to attend and complete 3-9 months’ DUI programs. You could end up paying fines that exceed 1000 dollars depending on penalty assessments of your case.
Subsequent DUI; Second, Third and Other Subsequent DUI Charges
Generally, the penalties associated with first time DUI are meant to discourage you from committing any similar or related offense in the future. If you are accused of repeating the crime, you will be charged with, and possibly be convicted of second, third, or other subsequent DUI charges. Each following charges imply enhanced penalties with second conviction punishable by not more than a one-year county jail term and a maximum fine of 1000 dollars. Also, you may be required to register as An Habitual Drug Offender with the DMV. You can also be ordered to enroll in DUI programs.
DUI-Hit and Run
You are charged with this offense if while driving under the influence, you cause an accident then flee out of the scene without notifying the affected party, or other relevant authorities. For the offense to hold, the cause of the crash must have been drunk driving.
California law demands that if you hit someone or other people’s property while driving, you should stop, and notify the involved party or the police. It would be best if you also took care of the affected victims, for instance, by calling emergency medical services.
The penalties for the offense in California include fines ranging from 1000 to 10000 dollars, maximum of one year in a county jail for minor injuries and between 2 to 4 years in state prison for causing death or serious injuries. Where the accident caused damage to the property alone, you could face a maximum of six months term in county jail, or fines not exceeding 1000 dollars.
DUI with Drugs/ Prescription (DUID)
Vehicle code 23152 (f) criminalizes driving when under the influence of drugs, including prescription drugs. The section defines a drug as any substance, which impairs the functioning of many aspects of the human body, such as the mental abilities, the nervous system, and physical abilities. You could be charged with DUID even if the drugs you took were prescribed to you lawfully as medication.
The severity of the penalties you are likely to receive for the offense is typically determined by the facts surrounding your case and your criminal history. First DUID conviction is viewed as a misdemeanor, and the penalties include:
- A maximum of 1000 dollars fine
- Not more than six months in county jail
- Up to five years’ probation
- License suspension for six months
- Any subsequent DUID will imply enhanced penalties
Typically, you could be charged with DUI in California if your blood alcohol levels are 0.08%. If the level happens to be 0.15% and above, you could be charged with DUI over 0.15%. These charges involve enhanced penalties including raised fines, lengthened jail terms as well as the increased duration for DUI educational programs. Your license will be suspended for ten months, required to attend DUI counseling programs for nine months and possible jail term for six months. Fines associated with offense usually range from 390 dollars to 1000 dollars. You may also be demanded to take part in community work or ordered to install an ignition interlock device (IID). Like other DUI charges, the severity of the penalties increases with the presence of prior convictions as well as aggravating factors.
VC Section 23153; DUI Causing Injury
Section 23153 governs DUI cases that result in injuries. These offenses are treated as either a misdemeanor or a felony. Misdemeanor DUI penalties include fines not exceeding 5000 dollars, maximum of one year in county jail, a maximum of five years’ summary probation, and restitution for the injured victim.
Felony DUI causing injury charges apply for third offenses. The offense attracts a maximum of four years in county jail, and license revocation for five years. Also, you will be labeled a habitual traffic offender with a three strike record in your driving history. In some cases, felony DUI may be penalized by up to six years in state prison as well increased amount of fines.
The offense is also referred to as DUI Homicide. You are charged with the offense if your drunk driving caused death to another person. It is described California law under PEN 191.5 as a form of vehicular manslaughter caused by drunk driving. The penalties for the offense include imprisonment ranging from fifteen (15) years to life, and fines not exceeding ten thousand ($10,000) dollars. You could also be demanded to pay restitution fees to the deceased family. A three strike record will also be labeled in your driving history.
California law considers Watson Murder as a second-degree type of murder often caused by disrespect to human life. The feature differentiates it from the first-degree case of killing, which is viewed as premeditated and deliberate taking of another person’s life.
Some factors must be confirmed to be right for you to be convicted of Watson murder. That is;
- You knowingly and intentionally acted in a manner that showed disregard to human life;
- The outcomes of your activities posed a great danger to human life;
- Your deliberate actions led to the death of another person.
Non-Immigrant Visa DUI
DUI offense, even the simplest, is deportable and inadmissible. As an immigrant, such a state may significantly affect your freedom of movement. With the charges in your records, you will not be able to acquire yourself VISAs, and as such, you may not be allowed into another state. Consequently, you may lose opportunities such as employment or educational studies outside the state of California. Likewise, if you are accused of the offense in another state, you will be deported back to California. Among the DUI charges that have such impacts include having multiple conviction of DUI and related charges in your criminal records, driving with a minor below 14 years while drunk among many other DUIs.
U.S immigration law is specific. If you commit any drug-related offense outside your state, you may be denied entry back. Additionally, you will be imprisoned for not less than five years. If you commit a drug and any aggravated drug-related offense, you may be deported with the addition of not less than one-year imprisonment. As a resident of Solana Beach, CA, your experienced San Diego attorney will be of great importance to you. The attorney will help fight against deportation and possibly have you admitted back into your country.
Blood Split Motion
If you had taken urine or blood analysis for the BAC test, you are allowed by the law to file a blood split motion latter. The strategy gives you permission to retrieve the sample you had earlier presented and have another agency conduct the test. Your attorney will then present the results from the sample and use it to fight against the DUI charge against you. Where the blood alcohol levels established by the independent test are lower than what was documented in the police station by the test officers, you will be entitled a right to question the results in the court.
Generally, the officers who conduct blood and urine analysis in police or any other processing stations, are required to keep the sample safe. This will make it possible for an independent review to be done when requested. Besides keeping it safe, the officers should ensure that the sample is not contaminated. If any contamination happens or if the sample is not available altogether, your attorney can have the blood or urine test exempted from the list of evidence during the verdict. If the sample was not stored well or if enough preservatives were not used, the independent analysis will show that the sample was tampered with hence, not accurate.
Consequently, such results will not be used against you. Unfortunately, blood split motion is available only to those drivers who had taken urine or blood test. If you had taken a breath test, you would not be able to request this test because breath cannot be stored.
DUI with a Passenger under the Age Of 14
This is governed by VC 23572 and makes it an offense to drive while drunk with a passenger below the age of 14. Under this section, besides usual penalties for DUI, the presence of a child in the vehicle will result in sentence enhancement. Mainly, you will serve an additional of 2, 10, and 30 days for first, second, and third DUI convictions respectively. For the fourth and any other subsequent misdemeanor convictions for DUI, you will face an additional of 90 days. Serving a jail term is a must if you are convicted of this offense.
DMV Related Cases We Handle
The issuance of driving license, registration of vehicles regulation of motor industries, and securing of identities in California is done by the DMV (the department of a motor vehicle). If you are convicted of DUI; however simple it may be, the agency will always suspend your driving license. If you refuse to submit to a blood or breath test, you may be compelled to attend a DMV hearing. The session is meant to rule out if your license should be suspended or not. At San Diego, CA, we help residents of Solana, Beach, CA throughout the following DMV cases.
The Acquisition of an SR22 Form
You are required to obtain SR22 form only after your license has been suspended. Some driving incidences beside DUI that can result in your driving license suspension include reckless driving, an insured car involved in an accident, or when you fail to pay the parking fee. Note that for DUI, you will be issued with SR22 form only if it is your first or second-time convictions. At Solana Beach, CA, attorneys at San Diego DUI attorney will help you file an SR22 form. Among the sections in the form that our attorneys will guide you through while filling include the Operators Policy Certificate, the Owners Policy Certificate, and the Broad Policy Certificate. While filing, the attorney will let you know what the policies or each of the form mean and the implication of every information you supply. Note that, obtaining SRR 22 form permits you to get a restricted driving license.
Commercial Driver’s License Suspension
A commercial driver’s license is usually given to commercial drivers. This license allows holders to drive vehicles of different capacity and weight. The vehicles include those with a passenger capacity of not less than ten, vehicles that carry poisonous or dangerous substances, tankers, school buses, double trailers, and vehicles that weigh 26001 pounds. As a holder of CDL, DUI charges will result in a maximum of one-year license suspension. Unlike standard driving license suspension, the DMV will not entitle you to a restricted license. We at San Diego can help you defend your commercial driving license from suspension.
The California court may clear you off any DUI charges. However, unless you attend the DMV hearing and win, the agency may still suspend your license. If your license is suspended, our attorney can request on your behalf that you be allowed to get a restricted drivers’ license in the meantime. However, the license will limit you to driving to school, to and from work, or to attend an emergency only.
If it is a DUI offense you have committed for the first time, the DMV may suspend your license for a minimum of 4 months and a maximum of 3 years. If it is your second time DUI, your license suspension may last for a minimum of two years but not more than two years. For both first and second time DUI conviction, the DMV could advise you to file SR22 form within 30 days from the time the license was suspended. This occurs regardless of whether your license had been suspended by the DMV or the California court of law. Third subsequent DUI is treated harshly by the DMV, and offenders usually are not allowed to file SR 22. Consequently, they cannot acquire a restricted license. Also, the offenders will be required to install in their vehicles ignition interlock device- IID for a period not less than one year.
Out Of State DUI Conviction In California
If you are a California resident, California DUI laws will still apply to you whether you live within or outside the state. The police, however, are not permitted to take the driving license from you. They are only allowed to offer you a Suspension Order. The order of suspension implies that your privilege to drive within California is banned for not less than thirty days. During a DMV proceeding, our competent attorney will help you in challenging the suspension.
Generally, upon your arrest, the DMV officials will have a duty to inform your resident state about the incident. This only occurs if you were arrested at a state that obeys the (ICDL) - Interstate Commercial License Compact. States in the US are permitted to share information on DUI related arrests and convictions. This implies that whether you are arrested outside your state, you may still receive punishments that include jail terms. You may also be required to pay hefty fines as well as probation. Also, you may be instructed to install in your vehicle IID coupled with an order to enroll in alcohol and related drugs treatment and rehabilitation programs.
Find an San Diego DUI Defense Attorney Near Me
DUI convictions can result in harsh penalties. The possible defense strategies are often sophisticated, and you may not be able to construct them on your own. You will require the help of an expert DUI attorney. If you are a resident of Solana Beach, CA, you can depend on us at San Diego DUI Attorney to help you possibly avoid any DUI related charges and convictions. If you wish to hire our services, you can call us at 619-535-7150.
If you are being charged with a DUI in Los Angeles we recommend this law firm: Los Angeles Criminal Defense Lawyer