DUI offenses are both criminal and traffic violations and lead to dire consequences. A conviction, apart from bringing immediate legal consequences, is a factor that increases the penalties for subsequent DUI offenses. You risk higher fines, an extended license suspension, a mandatory DUI program, and jail time as possible repercussions. Furthermore, a DUI conviction can also affect your driving record, increase your insurance rates, and limit your job opportunities.

If you are facing DUI charges against you, you need solid legal representation to stand up for your rights and to lessen the consequences. At San Diego DUI Attorney, our Alpine Heights DUI attorneys know how to challenge the evidence against you. We will help you navigate the legal process and better understand the charges you face.

Driving Under the Influence (DUI) Investigations

The procedure for dealing with any DUI issue starts with a DUI investigation. The police officers will initiate the process when they suspect that you are under the influence of either drugs or alcohol through the initial observation of your reckless driving. This observation justifies a traffic stop.

After pulling you over, the officer assesses your actions, watching out for signs of being drunk, which could be signs of your impairment. These include:

  • Slurred speech
  • Bloodshot eyes
  • Lack of coordination
  • Lack of situational awareness

If there are still doubts about your impairment, the officers will conduct sobriety tests, like asking you to walk in a straight line. At the same time, the officer may need to perform a breathalyzer test to measure your blood alcohol content (BAC). A BAC of 0.08% or higher is evidence of DUI. The investigation sets the stage for any later legal actions and determines if you will face an arrest, criminal charges, or license suspension.

You could also be arrested at a DUI checkpoint. If they collect enough evidence to sound the alarm of impairment, they may do the chemical testing and subsequently arrest you. Even if you decline a chemical test, this could result in some immediate administrative penalties, like an automatic license suspension.

Interestingly, sober drivers could also fail field sobriety tests because of anxiety, uneven ground, or other environmental factors. This obscures the clear path of how the investigations turn out and the impact of wrong evidence. If the original stop lacks reasonable suspicion or the investigation is full of procedural errors, any evidence collected could be questioned, resulting in the case's dismissal.

Once the investigation assembles the adequate credentials, the case progresses through criminal and administrative proceedings. The Department of Motor Vehicles (DMV) could take away your driving license depending on the chemical test results or by the refusal to take one, giving you 10 days to request a hearing. On the other hand, the criminal court goes through the arraignment, pretrial motions, and, in some cases, the trial. Other cases end in plea deals.

DUI investigations in San Diego are typically aligned with statewide procedures, but Alpine Heights courts and law enforcement may also follow their specific procedure. The Superior Court of San Diego is a case in point. The court directs some DUI cases to the Substance Abuse Assessment Unit (SAAU) to assess the defendants after the initial investigation. Moreover, the DMV has a separate administrative process not included in criminal proceedings, yet it relies on the police report generated during the investigation. These documents are the basis for the legal processes and administrative penalties.

An Alpine Heights DUI Arrest

During the DUI investigations, the police officer assesses whether they have sufficient evidence, or probable cause, to arrest. Officers can arrest you for several types of DUI offenses, which are distinguished under various sections of the California Vehicle Code. These include the following:

  • A standard DUI (VC 23152(a) and 23152(b)) — You will be arrested for driving under the influence or driving with a BAC of 0.08% or more. If you are a commercial driver, you will be arrested if your BAC exceeds 0.04%
  • DUI causing bodily injury (VC 23153) — This law applies when an accident occurs with injuries that result from inebriated driving
  • DUI causing death (VC 23154) — This law applies when an accident results from a drunk driving incident that causes the death of another person
  • Zero tolerance law for underage drinking and driving — If you are under 21 years old, you cannot have any amount of alcohol in your system while driving.

These charges result from the police officer’s observations during the investigations, including failed field sobriety tests and BAC results. If the person has previously committed DUIs or is caught driving under the influence with a child in the car, the charge can also be upgraded to felony DUI.

The police officer's report, which will detail the field sobriety test (FST) results and chemical tests, aids in making the arrest and later prosecution.

What Happens After an Arrest?

After a DUI arrest, you could face the following legal processes:

  • A DMV hearing
  • DU trial

The DMV Hearing Process

Once you have been arrested for a DUI, the first administrative process you will face is the DMV hearing. Through this hearing, it will be decided whether your driver's license should be suspended. When the blood alcohol content (BAC) is 0.04% (for Commercial Driver’s License holders), 0.08% or higher, or you have refused the chemical test, the officer will fill in a report for the DMV and will send it, which will start the potential suspension. You should request the hearing within 10 days of the arrest to challenge the suspension.

In the DMV hearing, you have the option to dispute:

  • The officer's report
  • The chemical tests’ accuracy
  • The stop was unlawful in the first place

The DMV’s burden of proof is lower than that imposed on prosecutors in criminal court. This means hearing only requires the hearing officer to decide if there is sufficient evidence to suspend your license. In this context, carefully evaluating the officer's report and evidence tendered is essential.

The DMV hearing is separate from the criminal case. However, it can still influence the possible results of the DUI incident. While the decision made in the hearing does not directly impact your criminal case, the evidence presented in the DMV hearing, like chemical test results, could be presented in your trial. Therefore, handling this administrative process right and securing legal representation to protect your rights and minimize the adverse effects on your driving privileges is critical.

DUI Trial

The court process is the criminal side of your DUI case when you are officially charged for any of the abovementioned crimes. The process is started by entering a plea at the arraignment hearing, where the charges will be explicitly read to you. Once the arraignment is over, your attorney could file pre-trial motions, including:

  • Requesting the suppression of evidence
  • Challenging the legality of the stop

Typical motions in DUI cases often question:

  • The field sobriety tests
  • The reliability of the chemical tests
  • The officer's reason for pulling you over

These motions are essential for forming a good defense, and if your Alpine Heights DUI attorneys are successful, this can lead to charges being dismissed.

As your case progresses, plea bargaining might be introduced, too. The plea bargain allows you to negotiate with the prosecution for a reduced charge or lesser penalties, avoiding a full trial. For example, you might accede to pleading guilty to a "wet reckless" charge or admitting a lower BAC level. This could entitle you to lighter penalties, like probation or a shorter driver's license suspension. Plea bargaining is a typical arrangement in DUI matters that saves time and resources for all the parties involved.

Note: The DMV hearing procedure deals with the suspension of your license that you have. On the other hand, the court process focuses on criminal penalties, but both proceedings are fundamental to the overall outcome of your DUI case. It is crucial to understand the functions of each process and how they interact to manage the repercussions of a DUI arrest.

DUI Penalties

The penalties you will have to bear after a DUI conviction differ considerably based on how serious your DUI offense is. The penalties for DUI driving are different, concerning payments, jail, driving license suspensions, and other penalties, and the severity depends upon several aspects.

Factors Determining Severity and Corresponding Penalties

The severity of the DUI offense is set by particular elements that can influence the consequences you will face. These include the following:

  • Blood Alcohol Concentration (BAC) —The standard legal for DUI in California is 0.08%. Nevertheless, a BAC value of 0.15% or more means you could face more serious penalties as per Vehicle Code Section 23538. These now will include more jail time and higher fines than a lower BAC.
  • Prior convictions — If you have been previously convicted of DUI, your sentences will be more severe. A second DUI within a decade might attract mandatory incarceration and a longer driving license suspension. A fourth DUI within a decade could very well lead to felony charges imposed by Vehicle Code Section 23550, along with harsher penalties.
  • The outcome of the accident — If your DUI is the one that causes someone to sustain any injury or die, your penalties will be harsher. A DUI with bodily injury could result in a misdemeanor or felony charge being filed, while a DUI causing death is a felony with significant prison time and fines.
  • Aggravating factors — These are factors that include having a minor passenger in your car while driving under the influence or refusing to take a chemical test. They can also put you in a more difficult situation. Rejecting a chemical test as per California’s implied consent law automatically results in the suspension of your driving privilege for one year.

Penalties for Each Crime

The penalties vary depending on the offense. They include the following:

  1. First-time DUI with BAC 0.08% to 0.10%

If you are facing your first DUI charge, with BAC ranging from 0.08% to 0.10%, probable consequences include:

  • Monetary penalties ranging from $390 to $1,000
  • Incarceration of not more than six months in county jail
  • License suspension for at least six months
  • Probation plus mandatory attendance in a DUI school

You will also receive a Watson's advisement, which warns repeat offenders of DUI-related dangers

  1. First-Time DUI with BAC 0.15% or Higher

Should your BAC be 0.15% or higher, you will then have to face the additional penalties like:

  • Fines that can reach up to $1,800
  • Longer jail times, of up to 10 days or more, based on what the court decides
  • An extended license suspension, often up to 10 months

  1. DUI Causing Bodily Injury (VC 23153)

Bodily injury caused due to your DUI results in you being susceptible to the following penalties:

  • County jail for up to one year for the misdemeanor or state prison for two to five years for the felony
  • Fines as high as $5,000
  • Section of mandatory and additional license suspension and the possibility of the driver having to use an ignition interlock device

  1. DUI Causing Death (VC 23154)

Besides the severe effects of a DUI that results in a fatality, you will face massive felony penalties, which may include:

  • Two to six years in the state prison
  • Up to $5,000 fines
  • Lifetime license suspension in some cases

  1. Repeat Offenses

If you are arrested for a fourth DUI within ten years, it means that you are going to deal with felony charges according to Vehicle Code Section 23550, which will lead to:

  • Three years in the state prison max
  • Fines of up to $390 to $10,000
  • You will have to serve 16, 24, or 36 months in custody, and your driver’s license will be suspended for 48 months
  • Mandated DUI program for one and a half years

Legal Defenses You Can Use in Alpine DUI Cases

You can challenge the DUI charges with the help of an Alpine Heights DUI attorney. He/she could use any of the following defenses to have your case dismissed or charges reduced:

Questioning the Legality of Your Arrest

Your defense could start by challenging whether the police have legal authority to stop or arrest you. If the officer did not have a reasonable suspicion to make you pull over or did not possess probable cause to arrest you, any evidence obtained can be suppressed.

Furthermore, DUI checkpoints should follow the random selection criteria. Should the officers deviate from these procedures, their collected evidence could be ruled out in court.

Contesting the Precision of Chemicals and Field Tests

Breathalyzers and blood tests are not 100% reliable. They must be calibrated correctly, and the officers must watch over you for at least 15 minutes before administering a breath test. If these procedures are not followed, your BAC reading may be unreliable

Field sobriety tests could yield incorrect results due to other factors, including nerves, medical conditions, poor lighting, or even wearing improper footwear. Moreover, some electronics nearby could interfere with the radio frequency and thus distort the result of the breathalyzer.

Moreover, Title 17 rules regulate the shape and processing of blood and breath tests. If those regulations are violated, your lawyer can argue that the results of the tests should be removed from evidence.

Medical and Physical Conditions Altering BAC Readings

Particular physical issues can result in false BAC figures. If you have diabetes or are on a low-carbohydrate diet, your biochemical process could produce ketone, which is similar to alcohol. On the other hand, your blood alcohol level going up can be a defense. Your BAC is still developing after drinking, so the test result could not show the accurate BAC at the time you were driving.

All the measuring gadgets have a specific error margin, so borderline BAC samples might need an expert examination to disprove the prosecution's evidence.

Violations of Your Rights and Procedural Errors

Law enforcement must abide by particular legal laws when processing DUI arrests. If they failed to read you your Miranda rights before questioning you or did not properly inform you of the chemical testing policy, your lawyer could challenge the admissibility of their evidence.

Based on Penal Code 1538.5, procedural defects permit the suppression of hearings that can weaken or challenge the case against you.

Alternative Defenses

You could also offer alternative defenses, including the following:

  • You were not the driver
  • You drove under the influence to avoid greater harm, like a shootout
  • You acted in case of an emergency, like rushing a loved one to hospital

You must present substantial evidence to support these assertions.

Having an expert witness in your case will be pivotal, as they will question the accuracy of BAC test procedures or offer alternative explanations for signs of impairment.

Find an Alpine Heights DUI Attorney Near Me

Driving under the influence may seem minor, but you should never forget the potentially dangerous situations it creates. DUI violations could result in severe punishments, including fines, incarceration, and prohibition of driving licenses. Even more so, having a DUI conviction on your record will have a profound and long-lasting effect on your life. It can affect your driving privileges, hinder employment, and reduce your opportunities in the future. Due to the complicated DUI laws and the chances of increased consequences, it is crucial to have a professional lawyer correctly.

The assistance of a skilled Alpine Heights DUI attorney is of the utmost importance throughout the legal process. He/she will protect your rights and work to achieve the best legal outcome. At San Diego DUI Attorney, we help you navigate the complexities and help you with pretrial arrangements and bargaining on your behalf to avoid penalties that are not necessary. Give us a call at 619-535-7150 for a confidential consultation.