Driving under the influence is one of the most frequently prosecuted crimes in Dehesa, California. Drunk drivers regularly cause terrible accidents that injure innocent people and sometimes kill them. Because of this, drunk drivers often receive serious punishments under California’s DUI laws.
Given the many negative perceptions about DUIs, successfully navigating the prosecution process by yourself can be challenging. Hiring an experienced Dehesa DUI defense lawyer to manage your matter is wise. At San Diego DUI Attorney, we provide expert defense for defendants charged with DUI in Dehesa and the surrounding areas. If you face court for a DUI, reach out to us to improve your odds of keeping your criminal record clear.
How Dehesa Authorities Investigate DUI
When it comes to DUI issues, everything kicks off with a DUI investigation. If the police officer observes erratic driving that triggers their suspicion of whether you are under the influence of drugs or alcohol, they’ll pull you over to initiate the DUI process.
Once you stop, the officer will begin to look for signs of impairment in how you present yourself:
- Bloodshot eyes
- Poor coordination
- Slurred speech
- Poor awareness of where you are or what’s happening
If the officer still suspects you are impaired, the officer will ask you to perform a sobriety test, which usually includes walking in a straight line. Still, they may give you a breathalyzer test to establish your blood-alcohol level. If your blood-alcohol level is established at a .08% (or greater), this alone incriminates you as a DUI. These observations of impairment begin the DUI process.
You can get detained at a DUI stop if the officers gather enough evidence suggesting you’re impaired. They might then conduct a chemical test and detain you. You could face immediate penalties, such as an automatic license suspension, even when you refuse the chemical test.
Surprisingly, sober drivers can also perform poorly on field sobriety tests due to anxiety, uneven surfaces, or many other environmental issues. That shows that there could be a high possibility of incorrect evidence during FSTs. When the initial stop doesn’t have sufficient grounds for suspicion or if there are procedural mistakes during the investigation, any proof collected could be challenged, which might lead to the dismissal of the case.
The case moves through administrative and criminal processes when the investigation gathers the necessary evidence. The Department of Motor Vehicles can revoke your driver’s license based on the test findings, or if you refuse to take the test, you can be granted ten days to ask for a hearing. Meanwhile, the court handles the arraignment, pretrial motions, and sometimes a trial, while other cases may end in plea agreements.
San Diego DUI investigations generally follow state procedures. However, courts and law enforcement in Dehesa might have their own specific processes. Additionally, the DMV has a distinct administrative procedure. Although it’s not part of the criminal proceedings, it does rely on police reports created during the preliminary investigation. These statements form the foundation for legal actions and administrative penalty fees.
DUI Prosecution in Dehesa
Most defendants in Dehesa face DUI arrests and charges primarily under two laws:
- Vehicle Code 23152(a) & (b)
Under Vehicle Code 23152(a), it’s illegal for anyone who is intoxicated from alcohol to drive.
VC 23152(b) makes it unlawful to operate a vehicle with a blood alcohol content of 0.08% or higher. If an officer stops you and finds your BAC at 0.08% or above, the District Attorney (D.A.) can file DUI charges against you. This section is called the per se law. Per se means that having a 0.08% BAC or higher automatically counts as driving under the influence, even without showing signs of being drunk. The prosecution doesn’t need additional proof of impairment, making it relatively straightforward for the District Attorney to establish your guilt.
It’s important to understand that you could face DUI accusations if you drive poorly or appear to be under the influence while behind the wheel. If the prosecutor decides to charge you under Vehicle Code 23152(b), they must prove beyond a shadow of a doubt that your BAC exceeded the legal limit when you were driving.
The prosecutor can hold you accountable under both Vehicle Code 23152(a) and (b) if you’re intoxicated and your BAC is 0.08% or higher. However, the judge can only prosecute you under any of these laws.
It’s not just illegal to drive while intoxicated or with a blood alcohol concentration of 0.08%. It’s also against the law to drive under the influence of drugs or the combined effects of alcohol and drugs.
Driving while impaired by drugs falls under section 23152(f) of the Vehicle Code (VC), while driving with both alcohol and drugs is addressed in section 23152(g). Furthermore, section 23152(c) prohibits operating a vehicle while you’re addicted to narcotics.
Commercial drivers are subject to stricter DUI laws. Under Vehicle Code 23152(d), it is unlawful for commercial drivers to have a Blood Alcohol Content of 0.04% or greater while operating their vehicle. Vehicle Code 23152(e) applies notably to rideshare, limo, or taxi drivers. It establishes unlawful implications for them to operate their vehicle with a Blood Alcohol Content of 0.04% or greater when a passenger is designated.
Regarding drivers under 21, the law (VC 23136) establishes a zero-tolerance policy, prohibiting anyone under 21 from driving with any detectable Blood Alcohol Content. According to this law, if you are under age, the District Attorney can charge you with DUI with a Blood Alcohol Content of 0.01% legally detectable. Additionally, individuals on DUI probation cannot have detectable alcohol or drugs in their bodies while driving.
Another important law for underage drivers is VC 23140, which prohibits people below 21 from operating a vehicle with a 0.05% BAC or greater.
Classes of DUI Offenses in Dehesa
DUI is considered a priorable crime, which means that if you’re convicted of a comparable offense in the future, the penalties will be harsher. The court looks at your previous DUI conviction when deciding the consequences for your current offense. Here are the different types of DUIs you might encounter in Dehesa:
1st DUI Offense
If you face your first DUI arrest, you will receive misdemeanor charges. If convicted, you could face the following penalties:
- 3 to 5 years of informal probation
- Mandatory DUI program for 3 – 9 months
- Fines between $390 and $1,000 (with potential court costs increasing the total to about $2,000)
- A six-month suspension of your driver’s license
The judge may impose a jail sentence from 48 hours to six months. However, many judges will eliminate the jail time if you successfully fulfill the other sentencing conditions. If your license is suspended, the court may allow you to drive if you have an ignition interlock device inside your vehicle.
2nd DUI Offense
If you get arrested for drunk driving again within ten years of the first offense, the prosecutor will charge you with your 2nd DUI. The 10-year look-back timeline is measured from your first DUI’s arrest date to your current offense’s arrest date.
This second offense is also a misdemeanor, and the potential penalties include:
- 3 to 5 years of informal probation
- Custody time ranging from 96 hours to a year, with a compulsory jail term possible
- Fines of up to $1,000, with possible court costs that could raise it to around $2,000
- DUI rehabilitation program for 18 to 30 months
- A two-year suspension of your driver’s license, although you could continue driving after installing an IID inside your car for a year
3rd DUI Offense
If the authorities arrest you again for another DUI within ten years of your first one, you’ll face a third DUI charge. This offense is considered a misdemeanor. Here’s what you might deal with:
- 3 to 5 years of informal probation
- Fines between $390 and $1,000, which can add up to $3,000 when you include court costs and other fees
- Jail time ranging from 120 days to a year
- A three-year license suspension. However, if you have an Ignition Interlock Device (IID), you can drive without limits for 2 years
- DUI school for 30 months
Getting convicted for a third DUI automatically labels you as a habitual traffic offender for 3 years.
4th DUI Offense
When the police catch you driving under the influence for the fourth time within ten years since your first offense, you’ll face a fourth DUI charge. This charge is classified as a “wobbler,” meaning the District Attorney can treat it as either a felony or a misdemeanor depending on your past and the details of your case. Here’s what you could be looking at for a fourth DUI offense:
- Jail Time
If you get a misdemeanor conviction, you could spend 180 days and one year in jail. If it’s a felony conviction, you might face three years, two years, or even 16 months in custody.
- Fines
You’ll have to pay fines ranging from $390 to $1,000, but with additional fees, they could easily add up to over $10,000.
- License Suspension
Your license will be suspended for four years. You’ll need to install an Ignition Interlock Device (IID) in your car for three years to get it back.
- DUI School
You’ll have to complete a court-approved DUI school for 30 months. Just like with a third DUI, a fourth DUI conviction will label you as a Habitual Traffic Offender (HTO) for up to three years
DUI with Injury or Death
If someone gets hurt in a non-fatal DUI, the charges can be either felonies or misdemeanors, depending on the person’s criminal record and the details of the case. Here’s what happens if you get a misdemeanor:
- You might get 3 – 5 years of summary probation
- Fines will range from $390 to $5,000
- You might spend five days to up to a year in jail
- You’ll need to attend DUI school for either three, eighteen, or thirty months, depending on your situation
- Your license will be suspended for a year, but you can drive if you install an Ignition Interlock Device
If you’re convicted of a felony, the penalties get much tougher:
- You could face 16 months to ten years in prison
- Your license will be suspended for five years, but you can still drive if you’ve got an IID
- Fines will be between $1,015 and $5,000
- Depending on how many people were injured and how badly, you might get an extra one to six years added to your sentence
- You’ll be on High Term Offender (HTO) status for three years
- You’ll have to attend DUI school for 18 to 30 months
If you get into a drunk-driving accident that results in another person’s death, the penalties will depend on the crime you committed. There are several charges the court can consider: PC 191.5b, which is vehicular manslaughter while impaired, Penal Code 187, known as Watson or DUI murder; and PC 191.5a, which is gross vehicular manslaughter while impaired.
Vehicular manslaughter while impaired means you caused a deadly accident while driving and with ordinary negligence. This charge can be a misdemeanor or a felony. A misdemeanor could trigger a sentence of a year behind bars and a fine of up to $1,000, while a felony can result in four, two, or 16 months in state prison and a $10,000 fine. Instead of jail time, the judge might give you probation.
Gross vehicular manslaughter while impaired means you caused a deadly accident while DUI, but with serious carelessness. That is always a felony, leading to 4, 6, or 10 years in state prison and a $10,000 fine. The judge might also offer felony probation in place of a prison sentence.
If you are charged with murder while driving drunk and have already been warned about the dangers of DUI leading to fatal accidents, the prosecution will bring DUI murder charges against you. This crime is a felony that can result in 15 years to life imprisonment and a $10,000 fine, with no chance for probation.
DUI Offense After Felony DUI Charges
After being convicted of felony DUI, any future DUI offenses will also be classified as felonies, regardless of how much time has passed or if anyone was hurt. The penalties for getting caught driving drunk again after a felony DUI include a fine of up to $10,000 and potential jail time of 16 months, 2 years, or 3 years.
The Dehesa DUI Process
Getting stopped for DUI might be scary and confusing. You should take quick action to safeguard yourself from DUI charges. The steps you take immediately can impact your matter, whether it goes to trial or not.
Implied Consent
In Dehesa, like everywhere else in California, the implied consent law applies to DUI cases. That means that by having a California driver’s license, you’ve automatically agreed to chemical tests for alcohol levels if you get arrested for DUI. Whether you’ve truly agreed to this testing or if you’re required to do it can make a big difference in the outcome of your DUI matter.
So, implied consent law kicks in only if the police have legally arrested you for DUI. If they just pull you over without making an arrest, you can say no to the roadside PAS (preliminary alcohol screening) test. But if you get arrested legally, you must take the chemical test or face penalties for refusing.
There’s a special rule for underage motorists or those on probation. When you fall into either of those categories, you have to take the Preliminary Alcohol Screening test.
When a police officer pulls you over and thinks you might be drunk, they might ask you to do Field Sobriety Tests (FSTs). Typically, these tests consist of activities that examine your thinking skills and movement, such as following their fingers visually, counting, or walking in a straight line. You do not have to complete these tests if you do not want to, and refusing is not an admission of guilt. Remember that refusing might make the officer think you are inebriated, and they could still arrest you.
What to Expect After Your DUI Arrest
If the police arrest you for DUI, you will be taken to the station for chemical testing. That will usually be a blood, breath, or urine test to measure your blood alcohol concentration. You should also be aware that you cannot refuse DUI testing without the possibility of punishment, such as a suspension of your license.
After the tests, the arresting officer will let you go when you pay bail. Alternatively, the court might allow you to be released on your own recognizance, meaning you just sign a contract saying you’ll attend your court hearing. The officer will send a report to the prosecutor to review. The prosecution will then decide whether to drop the charges or file formal charges against you.
The DMV Hearing
Soon after your arrest, the officer will inform you that the Department of Motor Vehicles will suspend your license within 30 days. They will also give you a California temporary license to stay active until the suspension starts.
You have just ten days (including weekends and holidays) to request a formal DMV hearing to stop the license suspension. The DMV hearing will determine if you can keep your license. In case you win, you won’t face suspension. If you are convicted, the DMV will suspend your license for anywhere from 4 months to 3 years, depending on:
- Whether you turned down or took chemical tests
- Your past DUI offenses
If you don’t request the hearing, your license will be automatically suspended after 30 days.
Find a Seasoned Dehesa DUI Defense Attorney Near Me
Getting quick help from a lawyer who knows this area well is crucial if you’ve been arrested or charged with a DUI. A good Dehesa DUI attorney can support you through every stage of the DUI process, and you might not even need to go to trial. If it does go to trial, your lawyer can still create a strong defense to aim for a not-guilty verdict from the jury.
At San Diego DUI Attorney, we have helped defendants charged with DUI get the most favorable results. Call us at 619-535-7150 to speak to a local Dehesa DUI attorney.
