Driving under the influence (DUI) is among the most prevalent crimes prosecuted in Alpine. Both jurors and judges are no strangers to the never-ending news of drunk motorists involved in severe accidents that kill or injure innocent people. As a result, courts impose harsher punishments for DUIs, which can include mandatory minimum sentences.

Considering that many negative connotations about DUI exist in the jurors’ and judges’ minds, it can be tricky navigating prosecution successfully on your own. You want to hire a skilled DUI defense lawyer to help handle your case. At San Diego DUI Attorney, we offer expert DUI defense for clients charged in Alpine and beyond. If you must go to court for driving under the influence, call us and increase your chances of having a future with no DUI on your criminal record.

Overview of DUI Prosecution In Alpine

Most adults in Alpine are arrested and charged with DUI under two primary laws: Vehicle Code (VC) 23152(a) and (b).

Under VC 23152a, it is illegal for a person intoxicated with any alcoholic drink to drive. This law provides that if someone is driving erratically, unsafely, or in a manner suggesting they might be unsober, then they are deemed to be driving while impaired. Consequently, they can be arrested and charged with DUI.

Under VC 23152b, it is against the law to drive with a BAC (blood alcohol content) of 0.08% or more. So, if a police officer arrests you, and after measuring your BAC level, it comes back as 0.08% or greater, the D.A. may press DUI charges. Section 23152b is known as the per se law or DUI per se. Per se means ‘on own’ or ‘by itself.’ That means the law deems you drunk if your BAC is past the stipulated legal limit. The prosecution does not need further evidence of impairment or intoxication to convict you. This makes it easier for the D.A. to prove your impairment.

It is essential to know that you can face DUI charges for driving poorly or seeming to be intoxicated while driving. If the prosecution presses charges under VC 23152(b), it must demonstrate beyond a reasonable doubt that the BAC level was beyond the stipulated limit at the time you drove.

Note that the prosecution can charge you under both VC 23152a and VC 23152b if you are impaired and your Bac level is 0.08% or more. However, the jury can only convict you under one law.

Apart from the prohibition of driving while intoxicated and driving with a BAC of 0.08%, it is also illegal in Alpine to drive while intoxicated with drugs and the combined influence of narcotics and alcohol. Driving under the influence of drugs is a crime under 23152(f) VC. On the other hand, driving under the combined influence of drugs and alcohol is a crime under 23152(g) VC. VC 23152(c) prohibits driving while addicted to drugs.

Commercial drivers have strict per se DUI laws that apply to them. VC 23152(d) makes it unlawful for commercial drivers to drive with a BAC of 0.04% or greater. VC 23152(e) is the per se law for ridesharing, taxi, and limo drivers. Per this law, it is unlawful for these drivers to drive with a BAC of .04% or greater while a paying passenger is in the car.

For under-21 drivers, it is unlawful to drive with any detectable BAC limit as prohibited under VC 23136. This is the zero-tolerance law on underage drinking and driving. It means if you are an underage driver, the D.A. can convict you of DUI if your BAC level is as low as .01%. No evidence of impairment or intoxication is necessary. Persons on DUI probation are also prohibited from driving with any detectable amount of alcohol in their system.

Another law regulating underage DUI is VC 23140, an underage DUI with a BAC of .05%. This law prohibits someone under 21 years to drive with a BAC of .05% or more.

DUI as a Priorable Offense and Types of DUI Crimes In Alpine

In Alpine, DUI is deemed a priorable offense. A priorable offense means every subsequent similar offense attracts stiffer penalties if you were convicted of a similar offense. That is, a court considers the last similar conviction during sentencing to determine the consequences imposed for the current violation. That said, there are various types of DUI offenses prosecuted in Alpine. These include:

1st Offense DUI

For many people facing their first DUI arrest, they will be subject to first DUI charges. This crime is considered a misdemeanor. The penalties upon a conviction include:

  • 3-5 years of summary probation,
  • A fine between $390 and $1,000 (court costs could increase the amount to $2,000),
  • DUI school for three or nine months, and driver’s license suspension for six months.

The judge could also impose a jail term between 48 hours and six months. However, most judges will suspend jail time provided you complete the other sentencing terms. Regarding license suspension, the court can allow you to continue driving if you install an ignition interlock device.

2nd Offense DUI

When the police arrest you again for DUI within 10 years of your first DUI, you will face a 2nd DUI offense. The look-back period for a prior DUI offense is 10 years. The period is calculated from the previous DUI crime's arrest date to the current crime’s arrest date. A 2nd offense DUI is also a misdemeanor. The consequences if convicted include:

  • 3-5 years of summary probation
  • A fine ranging from $390 to $1,000. Plus court court costs and assessments, the fine could go up to $2,000
  • Custody time from 96 hours to a year. You may be subject to a mandatory jail term.
  • License suspension for two years, although you can continue driving if you install an IID in your vehicle for a year
  • DUI school for eighteen or thirty months

3rd Offense DUI

If the police arrest you for a 3rd DUI offense within 10 years of the first offense, you will face third DUI charges. A 3rd offense DUI is also a misdemeanor. Consequences can include:

  • 3-5 years of misdemeanor probation
  • Custody time from one hundred and twenty days to up to a year
  • Fines between $390 and $1,000. Plus court costs, assessments, and fees, the amount could go up to $3,000
  • DUI school for thirty months, and
  • License suspension for three years. If you install an IID, you can continue to drive without restrictions for two years.

Note that a conviction of a third offense DUI will automatically designate you as an HTO
(habitual traffic offender) for three years.

4th DUI Offense

If the police arrest you the fourth time for DUI within 10 years of your first DUI offense, you will be subject to fourth-offense DUI charges. Fourth offense DUI is deemed a wobbler. That means the D.A. can press either felony or misdemeanor charges based on your criminal history and case facts. A fourth offense DUI carries these penalties:

  • A jail term. If convicted of a misdemeanor, you will serve between 180 days and a year in jail. If convicted of a felony, you will be subject to three years, two years, or 16 months in custody.
  • You will be subject to fines between $390 and $1,000. However, associated fees and costs can increase the amount to over $10,000
  • License suspension. You will face license suspension for four years. For the DMV (Department of Motor Vehicles) to return your license, you would have to install an IID in your vehicle for three years.
  • DUI school. The court will require you to enroll in a DUI school it approves for thirty months.

Like a third-offense DUI, a fourth-offense DUI conviction will designate you an HTO for up to three years.

DUI With Death or Injury

In Alpine, non-fatal DUI causes leading to bodily harm can be felonies or misdemeanors based on the defendant’s criminal history and case facts. The consequences for a misdemeanor conviction include:

  • Three to five years of summary probation
  • Five days to 12 months in jail
  • A fine ranging between $390 and $5,000
  • DUI school for thirty, 18, or three months based on the facts
  • License suspension for a year. You may continue to drive if you install an IID.

If convicted of a felony, you will be subject to harsher consequences. These will include:

  • Sixteen months to ten years in prison
  • An added one to six years of prison sentence based on how many victims sustained injuries and the severity of those injuries
  • A fine between $1,015 and $5,000
  • DUI school for eighteen to thirty months
  • Three years of an HTO status
  • License suspicion for five years. You may continue to drive if you install an IID.

If your drunk-driving case led to someone’s death, the consequences will be based on what crime the judge convicts you of. There are three possibilities of violation the judge can find you guilty of. These are PC 191.5b, vehicular manslaughter while intoxicated; PC 187, Watson murder or DUI murder; and PC 191.5a, gross vehicular manslaughter while intoxicated.

Vehicular manslaughter while intoxicated refers to causing a fatal accident while DUI and with ordinary negligence. The crime is a wobbler. A misdemeanor carries a year in jail and a fine of $1,000. A felony carries four years, two years, or 16 months in prison and a fine of $10,000. The judge may sentence you to summary or formal probation instead of incarceration.

Gross vehicular manslaughter while intoxicated refers to inflicting a fatal accident while DUI, accompanied by gross negligence. This crime is a felony carrying four, six, or ten years in prison and a fine of $10,000. The judge may impose felony probation instead of a prison sentence.

Watson murder is charged when a repeat drunk-driving offender has previously been cautioned about the risks of DUI causing a fatal accident. The crime is a felony carrying fifteen years to life imprisonment and a fine of $10,000. There is no possibility of probation in this case.

DUI After a Felony DUI

Once you have faced a conviction for felony DUI, any DUI offense you are later convicted of will also be deemed a felony. It does not matter the time that has passed or whether or not someone sustained an injury. The consequences for a drunk-driving offense after a felony drunk-driving conviction include a fine not exceeding $10,000 and incarceration for 16 months, three years, or two years.

The Basics of the Alpine DUI Process

Being pulled over for DUI can be a frightening and confusing time. You want to act immediately and accordingly to protect yourself from drunk-driving charges. These initial steps can be critical to your case, whether or not it goes to trial.

Implied Consent In Alpine

All California counties, including San Diego, apply the state’s implied consent law in DUI cases. Since the California DMV has given you a driver’s license, it is implied that you have consented to chemical testing for alcohol levels if arrested for drunk driving. The issue of whether you have agreed to chemical testing or are mandated to agree to it can be the difference between losing and winning your DUI case.

That said, implied consent law will only apply if you have been legally arrested for DUI. If the police have pulled you over and have not arrested you, you can decline to submit to the PAS (preliminary alcohol screening) test conducted by the roadside. However, if lawfully arrested, you cannot refuse to undergo chemical testing without consequences. Refusal to undergo chemical testing after a lawful arrest is a crime that attracts penalties.

However, there is an exception for underage drivers or drivers on DUI probation. If you are an underage driver or are on DUI probation, you must submit to the PAS test.

The Police Will Ask You to  do Fiel Sobriety Tests (FSTs)

When a police officer pulls you over and suspects you are intoxicated, they may ask you to perform FSTs. FSTs often entail the officer asking you to perform several tasks that evaluate any impairment of your cognitive or physical ability. These include a visual gaze test, counting, and walking. FSTs are not compulsory. You can respectfully decline to perform these tests, which is not an admission of guilt. However, refuting these tests may lead the officer to think you are intoxicated, and they may arrest you anyway.

What Happens After Arrest?

If the police arrest you for DUI, they will take you to the police station, where you will undergo chemical testing. Chemical testing entails measuring your breath, blood, or urine to determine the alcohol level in your bloodstream. It is worth repeating that you cannot reduce these tests without consequences such as license suspension.

After these tests, the officer should release you if you pay bail. Or, the judge might grant you an O.R. release whereby you only sign a promise to appear in court. The officer will then complete their report and send it to the local prosecutor for review. The prosecutor then either declines to press charges or files formal DUI charges against you.

The DMV Hearing

Shortly after an arrest, the arresting officer will inform you that the DMV will suspend your driver’s license in 30 days. Then, the officer will issue you a temporary license (a pink form). This temporary license will remain valid until the suspension is effected.

You only have ten days (holidays and weekends included) to request a formal DMV hearing and prevent license suspension. This hearing will decide whether or not you can retain your license. If you win, the suspension will not happen. But if you lose, the Department of Motor Vehicles will suspend your driver’s license for four months to three years based on:

  • The DUI priors you have
  • Whether you refused or underwent chemical testing,

Should you fail to request the DMV hearing, your license suspension will go into effect automatically after thirty days.

Independent of the DMV hearing is the criminal case. In criminal court, your case will undergo three primary steps: arraignment, pretrial conference, and a trial by the jury.

Find an Experienced DUI Defense Attorney Near Me

If you have been arrested or charged with DUI in Alpine, you need prompt representation from an attorney with expertise in this intricate practice area. A competent lawyer can fight for you in every step of the DUI process, and your case will not have to go to trial. And if, unfortunately, the case goes to trial, the lawyer can still mount a compelling defense that will lead to the jury returning a not-guilty verdict.

At San Diego DUI Attorney, we are committed to defending our clients’ rights. We have been defending the rights of people facing DUI charges for ears, giving them the benefit of our knowledge and experience to assist them in securing a favorable outcome. Our skilled lawyers will assess your case and disclose the weaknesses in the prosecution’s case and the strengths of the defenses you have. This way, they will establish the best way to tackle your case. For a consultation and to learn more about how we can help you, call us at 619-535-7150.