Driving under the influence of drugs or alcohol (DUI) is a severe offense in California. If you are guilty of driving under the influence of drugs and alcohol, you could face severe penalties, regardless of whether it is your first time.
Your driver’s license suspension could affect your driving ability as you await trial. You may also be required to pay hefty fines or face jail term. As a first-time DUI arrestee, you should not face the justice system on your own, as the process can be overwhelming and confusing. Instead, hire an attorney who will build solid defenses that can help convince the jury of your innocence. Such defenses could have your case dismissed, or charges lowered.
At San Diego DUI Attorney, we have attorneys with experience defending people charged with first-time or subsequent DUIs. We are conversant with DUI and DMV processes throughout the San Diego area, from how the police and prosecutors present their case to what might have your charges reduced or case dropped. So you can trust our team to fight for you.
An Overview of Driving Under the Influence Crime
California Vehicle Code 23152(a) makes it unlawful for you to drive a vehicle while under the influence of alcohol. If your blood alcohol concentration (BAC) is 0.08% or above, you are deemed impaired per California Vehicle Code 23152 (b).
You can also be charged with a DUI if you were operating a vehicle while under the influence of controlled substances, legal prescription drugs, and marijuana. This is true if your driving is affected by the drug. This statute aims to prevent you from endangering other people’s lives on the roads.
Elements of the Crime that a Prosecutor Must Establish
In a first-time DUI offense in California, the prosecutor must prove some essential elements beyond a reasonable doubt to secure your conviction. These elements include the following:
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You were Operating a Vehicle
To be convicted, the prosecution must prove beyond reasonable doubt that you were in the driver’s seat. Also, you were operating the vehicle when you were pulled over for a police check. The police must have been suspicious that you were drunk.
This element can be testified in court by a witness, a police officer’s observation, or circumstantial evidence, such as your location and position in the car.
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You were Under the Influence
The prosecutor has the burden to prove that you were under the influence of drugs or alcohol while operating the motor vehicle. The prosecution must prove that your physical and mental capacity to operate the car was reduced by drugs or alcohol. That is even if you did not look intoxicated.
Results from breathalyzer and field sobriety tests could be evidence against you. The prosecutor can also use blood test results as evidence against you if you refuse to undergo the other tests. Also, if you were driving the vehicle recklessly, it could warrant you being declared impaired.
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Your Blood Alcohol Concentration was Above the Legal Limit
If you were intoxicated with alcohol, the prosecutor must present proof of your BAC levels. You cannot drive a car well if your BAC levels are 0.08% or higher. BAC levels can be used as evidence of your impairment in court. This evidence can be established by taking a breath, blood, or field sobriety test. These tests can be done during or after you have been arrested.
All these elements must be established for you to be convicted. However, if the prosecution fails to prove these elements, your case could be dismissed, or your charges could be reduced.
Possible Reasons that Can Lead A Traffic Police to Ask You to Pull Over
For you to be stopped and investigated for driving under the influence of drugs or alcohol, the traffic officer must have probable cause. The police officer must have reason to think that you broke traffic law. You must also have been driving recklessly to suggest that you were impaired. Some of the reasons that you could be pulled over include the following:
- Erratic Driving: If you are straying from lanes, braking suddenly, or fluctuating speed, the traffic police will pull you over. These elements are associated with cases of drunken driving.
- Traffic Violations: If you run a red light, do not stop at a stop sign, or ignore other traffic laws, traffic officers will have a reason to pull you over.
- Equipment Violations: A cracked taillight, headlight, or overly dark tinted windows are legal reasons a traffic police officer could pull you over. This is so even if they do not suspect you of driving while intoxicated. However, you may still be arrested for a DUI offense if the officers establish that you are driving while intoxicated.
- Reckless Driving: Traffic officers may pull you over if you were tailgating or switching lanes suddenly. You will be asked to halt to determine why you were driving so recklessly.
If a traffic police officer pulled you over and there was no valid probable cause, your DUI defense lawyer can argue in court that the DUI stop was invalid and that any evidence gathered during the stop should not be admissible. This could result in your case being dismissed.
The Process After an Arrest For DUI Offense
If you are arrested for a first-time DUI in California, you will typically undergo the following process:
Booking and Processing
Upon being arrested for operating a vehicle while under the influence of drugs or alcohol, you will be taken to the sheriff’s station nearby. Here, you will undergo a booking procedure, which the officers will conduct. Booking involves entering your details, such as your name and date of birth, and taking your fingerprints and photo.
According to California laws, you may also be asked to take another chemical test, such as a blood or breath test. The results from this test will be used as the primary evidence against you by the prosecution.
If you refuse to undergo this test, you could incur automatic penalties such as license suspension. This is per California’s implied consent laws, which come into play once you are lawfully arrested on suspicion of driving under the influence of drugs or alcohol.
Immediate License Suspension
After your arrest, your driver’s license is confiscated. The police officer then gives you a temporary license valid for 30 days. This enables you to drive before trial. The license suspension procedure is per the Admin Per Se program in California. The Department of Motor Vehicles (DMV) issues you with an administrative license suspension apart from your criminal court process upon your DUI arrest.
To fight this suspension, you should demand a DMV hearing within 10 days (weekends included). Failing to do so could lead to an automatic license suspension after 30 days. However, you could retain your right to operate a motor vehicle if successful.
Release from Custody
You can be released on your own recognizance (OR) for a first-time DUI offense. An OR release means you could be granted a pretrial release without having to post bail. However, you must promise to appear in court for your trial.
If your BAC was high above the legal limit, or if you were involved in an auto crash, you will pay bail for you to secure a pretrial release. Under their discretion, the judge can add extra conditions for your release depending on the nature of your case. For example, the judge may subject you to regular BAC-level testing.
Arraignment in Court
An arraignment is the first time you are called in court and advised on the DUI charge against you. You are allowed to plead guilty, not guilty, or no contest. Your lawyer will advise you on the most suitable plea. They will also negotiate plea bargains or other sentencing terms with the prosecution.
The judge may also schedule future court at this stage. They will also set bail conditions, if any, at this court hearing.
Department of Motor Vehicles Hearing
A DMV hearing is not a criminal trial but a civil one. Its primary concern is whether your driving privileges should be suspended after a DUI arrest. It is also concerned with whether there was a probable cause for your arrest.
The DMV hearing also concerns whether your BAC levels were 0.08% or more. You can showcase your defenses, call in witnesses, and have your lawyer assist you. Your lawyer could convince the DMV not to suspend your license at this hearing.
What the Department of Motor Vehicles Considers
The DMV considers certain factors before suspending your license after a DUI arrest. These factors help the DMV decide whether it is safe for you to keep driving. They include the following:
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Blood Alcohol Concentration Levels
One of the main factors is your BAC level. Per California Vehicle Code 23152 (b), the legal limit for adults is 0.08%. For drivers under 21, the limit is 0.01%, and for commercial drivers, it is 0.04%.
If your BAC exceeds these limits, the DMV may consider you a high risk to other drivers. This could result in your driver’s license suspension.
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Prior DUI Convictions
The DMV will look up your criminal record to determine if you have a prior DUI conviction. They may be a little lenient if it is your first DUI arrest. Having more than one DUI leads to longer suspension time or even revocation.
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Refusal to Take a Chemical Test
Under Vehicle Code Section 23612, your driver’s license could be automatically suspended if you refuse a blood or breath test.
As per implied consent laws, you must consent to undertaking a blood or breath test if you were arrested lawfully. The DMV takes refusal seriously. They can administer up to one year of driver’s license suspension for a first-refusal offense.
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Your Driving History
The DMV will assess your driving history to see if there are any violations. If you have a record of past accidents, speeding tickets, or other violations, this could indicate your reckless behavior. However, your suspension period could be significantly reduced if you have a clean record.
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Aggravating Factors
Some activities could cause the DMV to increase the chances of suspending your driver’s license. Such circumstances include speeding, having minors in your car, or causing an accident while intoxicated.
Requesting a DMV hearing will allow you the opportunity to defend yourself. An experienced DUI attorney will help you prevent the suspension of your driver’s license. They can also convince the department to minimize the period of suspension.
Legal Penalties for Driving Under the Influence of Drugs or Alcohol
Penalties for a DUI offense conviction can be severe. They could limit your liberty and driving privileges. Some of the penalties you could face if convicted of a first-offense DUI include the following:
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Fines and Fees
A first-offense DUI conviction could result in fines of $390 to $1000. However, other charges, such as court fees, could raise the total cost to $2000 or even more. These fees may differ depending on your case and the judge’s ruling.
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Jail Time
If found guilty, you could be sentenced to 48 hours or extended to 6 months to 1 year in jail. However, the judge can also sentence you to serve probation instead of jail time.
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Probation Time
You may be sentenced to serve probation instead of jail time. The probation period usually takes approximately 3 to 5 years to complete. However, there are conditions that you must meet. They include DUI school attendance, alcohol abstinence, and not committing any other offenses. If you breach any condition, you could go to jail.
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DUI School
You could be mandated to attend DUI school as a first-time DUI offender as punishment. The program lasts 3 months, and the minimum number of classes is 30 for a standard first DUI. However, if your BAC was high, you could go through a more extended program. It may take up to 9 months.
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License Suspension
Your driver’s license can be confiscated if found guilty of first offense DUI. This suspension can take up to 6 months. However, you may be allowed to drive with a restricted license. This temporary license will enable you to drive to work or attend DUI school.
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Ignition Interlock Device (IID)
Sometimes, the court may order you to fit an IID in your car before driving. This device scans your BAC before you drive. If your BAC is above the legal limit, your vehicle does not start. For a first-offense DUI, you may have to install the IID for up to 6 months.
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Community Service
You could be sentenced to community service instead of jail for a first-time DUI.
A first-offense DUI can also appear on your criminal record, increase your insurance rates, and limit your job prospects. You should hire an efficient attorney to convince the judge to minimize these penalties.
Legal Consequences for First Offense DUI with Injuries
If convicted of a misdemeanor DUI with an injury, you could be fined from $ 390 to $5000. You could also be sentenced to serve up to 1 year in jail. The judge could sentence you to probation for 18 to 30 months instead of jail time.
If found guilty of a felony DUI with injury, the penalties could increase significantly. You could be fined up to $5000 and face imprisonment for up to 16 months or up to 10 years. Your driver’s license could also be suspended for up to 3 years.
Additionally, you could be asked to pay restitution to the victims through medical bills or other expenses. You may also be required to install an IID in your car for up to 3 years. The judge may also sentence you to serve probation instead of prison time. The condition for the probation is that you attend an extended DUI school program.
Obtaining a Restricted License after First-time DUI Conviction
It is possible to obtain a restricted license in California; however, you must fulfill certain conditions. First of all, you must complete the DUI program. You must also pay a reinstatement fee to the DMV and show proof of your insurance. You also must have an IID installed in your car to be eligible for a restricted license.
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Types of Restricted Licenses
California offers two types of restricted licenses: work-restricted and IID-restricted. A work-restricted license allows you to drive to work, school, and DUI classes only. An IID-restricted license provides additional driving privileges as long as the IID is installed in your car.
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How to Apply for a Restricted License
Visit a local DMV office to apply for a restricted driver’s license. While there, fill out the required forms. You should then submit proof of IID installation and SR-33 insurance. If your application is approved, you will be issued a restricted license. However, to keep using the restricted license, you must drive under the conditions set by the department.
What Your Attorney Can Do To Assist
Being charged with a DUI can be a life-altering experience. The process and the penalties that come with a conviction can be overwhelming to deal with alone. You want to seek services from an experienced attorney. Your lawyer will help you build solid defenses to convince the judge to reduce or dismiss your charges. Some of the ways your lawyer can help defend your case are:
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Investigating Probable Cause
Your DUI lawyer will investigate whether the police had a basis to pull you over. If they do not have probable cause to stop or arrest you, any evidence gathered in the process will be dismissed. This will weaken the prosecution’s case significantly.
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Challenging Test Results
BAC level tests by blood or breath are essential in DUI trials. However, they are not without bias. Your attorney will investigate how these tests were administered. They will also examine equipment failure or if any procedures were violated. Any slight mistake could cast doubt on the results. The doubt could weaken the prosecution’s case.
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Negotiating Lesser Charges
Your lawyer can negotiate with the prosecution to reduce your charge to a wet reckless charge. The penalties for this charge are lighter compared to DUI penalties. It has lower fines and a shorter DUI program. This will ultimately have little impact on your record.
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Reducing Penalties and Fines
Your DUI attorney will negotiate to decrease the fines, community service, or probation period. They can convince the judge to reduce the harsh measures on DUI programs and sentencing. They can also persuade the DMV to reduce the license suspension period. Thus making a conviction more bearable.
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License Retention
DUI cases also entail DMV hearings. These hearings determine whether or not your license will be confiscated. Your attorney can persuade the hearing officer to let you retain your driver’s license. If they succeed in their defense, you could be allowed to keep your license fully. You could also obtain a restricted license, enabling you to drive to work or school.
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Managing Long-Term Consequences
The consequences of a DUI conviction are lifelong. They could affect your future employment, housing, and education. Your lawyer can help convince the judge to reduce your sentence or the prosecution to reduce the charge. This will ensure you do not suffer the consequences of a DUI conviction.
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Support and Planning
Your lawyer can attend court trials on your behalf and ensure that you are not overwhelmed by the DUI process. They will also develop a defensive strategy that best suits your case.
Find a San Diego DUI Defense Attorney Near Me
A first-offense DUI could have severe consequences if you are found guilty. A conviction could lead to license suspension, a criminal record, and reduced job prospects. Knowing your rights and the DUI process could go a long way in managing your case.
Every case is unique. The consequences depend on the circumstances, evidence, and how your arrest was conducted. Hiring a competent attorney could make a difference in your case. An experienced attorney will explain all the possibilities and defend you in court. They could even convince the prosecutor to reduce or drop your charges before you go to trial.
If you are arrested for the first time and facing a DUI in the San Diego area, contact the San Diego DUI Attorney at 619-535-7150 immediately before even talking to the arresting officer. Prompt action is crucial, as it will most likely determine the direction your case will take.
