DUI Over 0.15% (Vc 23578)

If you are reading this article, there is a good chance you, or someone you know, was recently charged with Driving Under the Influence (DUI), and had a blood alcohol concentration of .15% or higher.  The penalties for a DUI conviction can be severe, and vary according to the the severity of the incident.  At the sentencing phase, a number of aggravating and mitigating factors are considered in order to determine the appropriate punishment.  Hiring an experienced DUI attorney will drastically improve your chances of resolving your case favorably.  The San Diego DUI Attorney has decades of experience fighting for the rights of those charged with DUI offenses.  If after reading this article, you feel our team can assist with your case, we encourage you to call our office to schedule a FREE consultation.       

If this is your first DUI incident, you will likely face a misdemeanor DUI charge.  Misdemeanors are crimes that carry maximum penalties of less than one year in prison.  Usually, for a first time misdemeanor DUI, jail time will not be imposed.  However, if you were arrested with a BAC greater than 0.15%, you will likely face more severe penalties than those typically associated with misdemeanor DUIs.  This is because, driving with a BAC of over 0.15%, is what’s commonly referred to as an “aggravating factor”.  Our team will do everything in our power to prevent you from serving an enhanced sentence.

It is rare that a first, or even second, DUI offense will result in jail time.  More often than not, a case will be resolved by a plea bargain.  However, when a DUI incident involves a BAC of more than .15%, the prosecutor will likely seek enhanced penalties.  Typically, these will include public / community service, enhanced fines, completion of substance abuse programs, and in some cases jail time. 

If your BAC was over 0.15% you were likely charged with an “Aggravated DUI”.  In addition to having a BAC over .15%, there a number of factors that can also increase a simple DUI to an Aggravated DUI.  Some include the following:   

In many cases, an accident will result from a DUI incident.  This often leads to some type of vehicle or property damage. As with being arrested with a BAC over .15%, different jurisdictions will handle DUIs involving accidents differently.  No matter the jurisdiction, you will likely face enhanced penalties such as mandatory public service work or additional fines. Our lawyers know how to deal with such cases, and are familiar with the courts’ and district attorneys’ tendencies.  No matter which court resides over your case, we will work diligently to help you achieve a desirable result. 

Being involved in any type of DUI incident can be extremely overwhelming.  If an injury occurs, the situation can seem even more severe.  DUIs involving injury can be charged as either felonies or misdemeanors.  If your accident results in a misdemeanor charge you can expect a minimum of five (5) days in jail, in addition to a one-year license suspension. 

If the resulting injury is more severe, and causes “great bodily injury” it is likely that you will be charged with a felony.  Great bodily injury will be determined on a case by case basis.  In making its determination, the court will consider the amount of pain the victim suffered, the type of injury, and how much medical attention will be required to treat the injury.  In great bodily injury cases, a 16-month state prison sentence can be issued.  It is also likely that you will have to compensate that victim and/or county, by paying for damages caused by the accident. 

Our attorneys have tried many DUIs that have cause injury.  We are equipped to assist you through all stages of your case including: court appearances, hearings, and plea bargain negotiations.  We will work tirelessly to mitigate the penalties you face, and to help you achieve the best possible result.  

If at the time of your DUI arrest, you had a minor, under the age of 14, in the vehicle, you will be subject to enhanced penalties.  You could see additional jail time ranging from 48 hours, all the way up to 90 days.  Additionally, with a child under the age of 14 in the car, you could be subject to an additional crime known as Child Endangerment.  Like a DUI, Child Endangerment can be brought as either a felony or misdemeanor.  If charged with Child Endangerment you could see a sentence of up to six (6) years in state prison, on top of your DUI sentence.   

It’s important to understand, that by accepting your driver’s license, you have actually given “implied consent” to submit to a blood or breath test if you are lawfully arrested for driving under the influence of drugs or alcohol.  Even so, defendants will often refuse to submit to testing.  While your refusal will be honored, you will be subject to additional penalties such as 48 hours in jail, and completion of a nine (9) month alcohol program.  Additionally, the Department of Motor Vehicles may suspend your licenses for at least one (1) year.  If you were arrested, and refused to submit to a test, make sure you consult with a DUI lawyer who knows how to protect your rights.  The attorneys at the San Diego DUI Attorney will make sure that you are not taken advantage of. 

If you were already on probation at the time of your DUI arrest you will likely face enhanced penalties.  Usually, driving with any amount of alcohol, even less than .08%, will amount to a violation of your probation.  As such, you will likely face a hearing for violating your probation, in addition to the DUI charges.  Depending on the terms of your probation, a violation could result in jail time and suspension of your license.  Our attorneys can help you with the proceedings, and will work aggressively to help you reinstate the terms of your original probation agreement.   

If you did not have a valid driver’s license at the time of your arrest you will also face additional penalties.  You may be subject to a mandatory sentence of 48-hours in county jail.  Our attorneys will do everything in our power to help you avoid jail time, and to receive the best possible result for your particular circumstances. 

If the reason your driver’s license was suspended at the time of your arrest was because of a prior DUI incident, the penalties can be even more severe.  You could be charged with a violation of California Vehicle Code 14601.2, which carries a minimum of ten (10 days in jail, additional fines, and may requires you to have an ignition interlock device (IID) installed on your vehicle. 

This aggravating factor will come into play if you were driving more than 20 miles per hour over the speed limit on a residential street, or 30 miles per hour over the speed limit on a highway, AND you were driving recklessly.  Because of the increased risk of placing people and property in danger, the combination of speeding and driving recklessly can result in an increased jail sentence of 60 days.  

Sometimes, a driver will flee the scene of a DUI accident out of fear.  San Diego county prosecutes such cases aggressively.  If you were involved in a hit and run incident, your driving record will accrue four (4) points; two (2) for fleeing the scene, and two (2) for the DUI charges.  This can mean an additional six (6) month suspension of your driver’s license.  If you were involved in a DUI hit and run, it is extremely important that you consult with an attorney.  Our experienced attorneys will work to help you avoid the license suspension, and minimize the points added to your driving record. 

These factors are considered on a case by case basis, and some are assessed more weight than others at sentencing.  For example, a DUI causing injury or death should result in harsher penalties than one that results in minor property damage.  Whatever the circumstances of your case might be, an Aggravated DUI conviction can result in harsh punishments that can profoundly impact your life, family, and career.  If you have been charged with an Aggravated DUI, contact the San Diego DUI Attorney today.  Our experienced team will help build the strongest defense against the accusations you face.    

At the San Diego DUI Attorney, we understand that the DUI process can be frightening and difficult.  You are likely concerned about the impact this incident can have on the future of your personal life and your professional career.  Our law firm has attorneys with decades of experience in aggressively advocating for DUI defendants.  We are fully aware of the penalties you stand to face, and know the right arguments to make in seeking to have the charges against you reduced or dismissed.    

If you have been arrested for a DUI, or any other charge relating to alcohol or drugs, we encourage you to schedule your FREE consultation as soon as possible. We also recommend that you do the following prior to your visit:

• Write down specific questions you may have regarding your case.
• Bring all paperwork related to your case, including bail bond papers, if applicable, and the pink “admin per se” (temporary license).
• Try to remember specific details about your arrest, such as the field sobriety tests you underwent and if you were read your Miranda rights.

At your consultation, it is imperative that you communicate with us any past traffic violations you have had within the last three years, including public intoxication, prior DUI arrests, and any other traffic violations. Please share this information even if you were not convicted or if the violations occurred in other states. Your transparency will allow the attorney to accurately assess your case and create the most effective defense strategy.