Driving while intoxicated with alcohol or drugs is a severe issue in Chula Vista. The prosecution can charge you with DUI even when your blood alcohol level is under the stipulated legal limit of 0.08 percent. In addition, you risk an incarceration period and a suspension of your driver’s license. In short, being accused of DUI can alter your life as you know it.
However, hiring an experienced attorney if charged can help mitigate the consequences of a conviction or help you avoid them altogether. At San Diego DUI Attorney, we have defended countless DUI cases for our clients in Chula Vista. We have fought for clients accused of a simple first DUI offense to felony vehicular homicide involving drugs or alcohol. For more details about how we can help you, call us anytime.
The Chula Vista DUI Process
The DUI process in Chula Vista starts with a DUI stop, which occurs when law enforcement observes your erratic driving, pulls you over at a DUI checkpoint, or arrives at the accident scene. During the encounter, the officer will observe you for intoxication signs, including slurred speech, bloodshot eyes, and alcoholic odor. They will also observe if you have difficulty responding to questions or showing your insurance, registration information, and license.
The officer may then ask you to undergo a PAS (preliminary alcohol screening) test. The PAS test is optional. The officer may also need you to do FSTs (field sobriety tests), which are equally optional. If you take and do not pass the FSTs or PAS test, the officer may believe there is probable cause to place you under arrest.
Blood or Breath Test (Chemical Testing) After an Arrest
After being arrested for driving under the influence in Chula Vista, it is presumed that you have consented to undergo an evidentiary blood or breath test, according to California’s implied consent law. Sometimes the officers also conduct a urine test. And if arrested for DUID, you must undergo the breath testing because breath tests detect only alcohol.
Should you decline to undergo blood, breath, or urine testing, the officer will notify you of what follows. They can:
- Obtain a warrant, then physically compel you to draw a blood sample
- Have your refusal be used in court against you as evidence
- The refusal may trigger mandatory incarceration if you are found guilty of DUI
Declining a blood or breath test can also trigger a driver’s license suspension. If it is your first DUI, you may face a 12-month license suspension for declining to undergo chemical testing. If you have one prior DUI, you may face two years of driving privilege suspension for declining chemical testing. And if you have two or more prior DUIs, you may be subject to three years of license suspension for declining to take a chemical test.
The same periods for driver’s license suspension apply if you decline to take the PAS test and are under 21 years.
License Confiscation and The DMV Hearing
After an arrest for DUI, the arresting officer will confiscate your driver’s license and hand you a “notice of revocation or suspension” form. This notice mentions that you only have ten days to demand a DMV administrative hearing.
The arresting officer will then issue you a temporary driver’s license, valid for thirty days (if you demand the hearing promptly, the temporary driver’s license will remain valid pending the proceedings’ results). Failure to request the hearing within ten days will result in your license being automatically suspended after thirty days of the temporary license’s validity.
Meanwhile, the arresting officer will send a copy of your “notice of revocation or suspension” form, a sworn police report, and your license to the DMV for investigations.
The DMV’s first assessment of your matter will likely show no basis for license suspension. If this happens, the DMV will inform you that they have set aside your case, and you can retrieve your license from a DMV field office. Although in many instances, the DMV hearing officer will rule that there is enough evidence of driving while intoxicated and that your license should face suspension.
Because your driver’s license is a form of property right, state, federal, and local due process demands that you have a chance to appear at a DMV proceeding and challenge the suspension. The DMV presiding hearing officer will suspend your license if you lose your hearing or waive your legal right to it.
DUI Criminal Court Proceedings
Apart from being subject to the DMV hearing, you can also face criminal charges if arrested for DUI. Criminal charges will subject you to criminal court proceedings, independent of the DMV hearing. Based on the case facts, you can face criminal prosecution under different DUI laws. There are two primary DUI laws under which most adults face charges. These are VC 23152(a) DUI of alcohol and VC 23152(b) driving with a blood alcohol content of 0.08 percent or greater.
The most crucial element under VC 23152(a) is impairment. The prosecuting attorney must show your physical or mental faculties were so impacted by narcotics or alcohol that you could no longer operate the vehicle as carefully as a sober person would under similar or the same circumstances.
VC 23152(b) is the per se drunk-driving offense. Here, the prosecuting attorney need not demonstrate impairment. A higher blood alcohol content level is itself enough evidence to prove a violation. That means even when you think your mental or physical faculties were not impaired, a blood alcohol content level of .08 percent or more when you drive violates VC 23152(b). Note that BAC levels usually fluctuate, and the prosecuting attorney will typically depend on the reading when you underwent chemical testing, usually extrapolating back to when you were driving.
You can simultaneously face charges under VC 23152(a) and VC 23152(b). However, even when that is the case and the jury convicts you under these two laws, you will only be sentenced under one law
Apart from these two primary laws, there are other DUI laws you can be prosecuted under based on the case facts if arrested for DUI in Chula Vista. These include the following:
- VC 23152(d), Commercial DUI
- VC 23152(c), driving while addicted to drugs
- VC 23152(e), DUI by Taxi, Uber, Lyft, or Limo drivers
- VC 23152(f), driving while intoxicated with a drug, including prescription medication
- VC 23152(g), driving while under the combined influence of drugs and alcohol
- VC 23153, DUI causing injury or death.
There are also laws prohibiting underage DUI. Notably, two primary laws prohibit DUI when below 21 years in Chula Vista:
- VC 23136 zero tolerance law, which prohibits an underage driver from driving with any BAC level of 0.01% or greater, and
- VC 23140, which prohibits an underage driver from driving with a blood alcohol content level of 0.05 percent or higher.
If the prosecutor files charges against you under any of the above laws or any other DUI law, you will be subject to an arraignment. The presiding judge will read your charges and tell you your rights to have attorney representation and against self-incrimination. You will then enter your plea. In many cases, lawyers advise their clients to plead not guilty, and then they may change their plea to no contest or guilty after negotiating a favorable plea bargain.
The prosecution hands over evidence against you (discovery) during the arraignment. The court will then set a date for your first pre-trial conference some weeks later.
The defense and prosecution meet during pre-trial conferences to discuss plea deals and other matters related to your case. Meanwhile, your lawyer can do their own investigations to obtain all the evidence to support your case. Based on the findings after investigations, your lawyer can file different pretrial motions in favor of your case.
Throughout the pretrial conference, your lawyer will negotiate with the prosecution to resolve your case before it goes to trial. They may, for example, successfully persuade the prosecution to lower your charges to a wet reckless offense under VC 23103.5. If, unfortunately, the negotiations stall, the case will go to trial. However, this is a rare occurrence.
DUI jury trials in Chula Vista include different phases, including:
- Selection of the jury
- Opening statements
- Presentation of the D.A.’s case
- Presentation of the defense’s case
- Closing statements
- Jury’s verdict
- Sentencing (if found guilty)
For the prosecution to obtain a DUI conviction, it must convince every juror that you are guilty. Beyond a reasonable doubt is a higher burden of proof. In many cases, defense lawyers can poke enough holes into the prosecution’s case to convince them to agree to a favorable plea deal without going to trial.
Criminal Court DUI Penalties In Chula Vista
A California DUI is a priorable offense. A priorable crime refers to one for which past convictions enhance the consequences for subsequent violations of the same kind. These crimes usually have a look-back time, a defined duration during which prior convictions are deemed to increase the consequences of a subsequent offense. For DUI in California, the lookback period is ten years. The consequences for DUI in Chula Vista are as follows:
The Penalties for First-Offense DUI
A first DUI offense in Chula Vista is charged as a misdemeanor. If convicted, you may be subject to the following consequences:
- 3-5 years of misdemeanor probation
- $390-$1,000 in fines. However, with assessments and fees, the fine could be more
- Drug or alcohol education program for 3 or 9 months
- A suspension of your driving privilege for six months. You may continue to drive without limitations if you install an IID (ignition interlock device) in your vehicle.
The judge may also subject you to a jail term between 2 days and six months. However, many judges in Chula Vista will suspend jail time provided you fulfill the sentencing terms above.
Second Offense DUI Consequences
A 2nd offense DUI within ten years of the first violation is also a misdemeanor. The following consequences may apply upon conviction:
- A jail term of at least 96 hours and at most one year
- $390-$1,000 in fines. Plus court assessments and other costs, the fine could be more
- 3-5 years of misdemeanor probation
- DUI education program for 18 months or 30 months
- A suspension of your driving privilege for two years. However, you may continue to drive without limitations if you install an IID for a year.
The Punishment for a Third Offense
A 3rd DUI violation within ten years of the first conviction is also a misdemeanor. You may be subject to the following consequences if convicted:
- 3-5 years of misdemeanor probation
- A jail term ranging between 120 days and 12 months
- A $390-$1,000 fine. Plus court costs, assessments, and fees, the amount may go higher
- Enrollment in an alcohol or drug education program for thirty months
- A suspension of your driving privilege for three years. You may continue to drive without restrictions if you install an IID in your vehicle for two years.
A 3rd DUI conviction will also automatically designate you as an HTO (habitual traffic offender) for three years.
The Consequences for a Fourth DUI Offense
A conviction of DUI for the fourth time within ten years of the first violation is deemed a wobbler. That means the prosecuting attorney can charge it either as a felony or a misdemeanor based on the case facts and your record of criminal activity. The punishment for this offense may include the following:
- Between 180 days and 12 months for a misdemeanor conviction. If it is a felony conviction, you may face 16 months, three years, or two years of incarceration
- A $390-$1,000 fine. Associated fees and costs can raise the fine to over $10,000, particularly for a felony conviction.
- A suspension of your driving privilege for four years. You may continue to drive without restrictions if you install an IID in your vehicle for three years.
- Enrollment in an alcohol or drug education program for thirty months
- Like a 3rd offense DUI, a fourth conviction for DUI will also designate you as an HTO for up to three years
The Punishment of DUI Causing Death or Injury
In Chula Vista, non-fatal DUI cases causing physical injury can be a felony or misdemeanor based on the defendant’s criminal record or the case facts. The consequences after a conviction may include the following:
Misdemeanor Penalties
- Three to five years of summary probation
- $390-$5,000 in court fines
- Between five days and 12 months in jail
- Drug or alcohol education program for three, eighteen, or thirty months
- A suspension of your driving privilege for one year. You may continue to drive if you install an IID in your car
Felony Penalties
- Between 16 months and ten years in incarceration
- An additional twelve months to six years in state prison, contingent on how many victims sustained injury and the severity of the injury
- Drug or alcohol program for eighteen to thirty months
- $1,015-$5,000 in court fines
- A suspension of your driving privilege for five years. You may continue to drive if you install an IID.
- Designation as an HTO for three years
If your drunk-driving case led to a person passing away, the sentence depends on the specific crime the court convicts you of. There are three possibilities of crimes the court can convict you of:
- Vehicular manslaughter while intoxicated
- Gross vehicular manslaughter while intoxicated
- DUI murder, also called the Watson murder
How to Defend Against DUI Charges In Chula Vista
Even though a DUI charge in Chula Vista is a severe matter, the court will still give you a chance to defend yourself. The following are some defenses your lawyer can argue in your case based on the facts:
- The police did not have reasonable suspicion or probable cause to stop or arrest you to begin with
- The police issued wrong directives for the FSTs or gave you a wrong score
- The breathalyzer device was faulty
- The blood sample for the chemical blood test was contaminated
- You experienced a medical-related episode that imitated intoxication (for example, a seizure)
- You suffer from a medical condition that triggers higher mouth alcohol (for example, GERD)
- Your high blood alcohol content result was due to rising blood alcohol, and your BAC level was within the stipulated legal limit when you were driving.
- The chain of custody for the blood sample was compromised during processing at the laboratory.
Typical evidence in your case includes forensic expert testimony, eyewitness testimony, split blood testing, video surveillance, and testimony from accident reconstructionists. Note that arguing you did not intend to drive drunk is not considered a valid defense, and this is because drunk driving is a “general intent” offense, not a specific intent violation.
Find a Competent Chula Vista DUI Defense Attorney Near Me
If arrested for driving under the influence of alcohol or drugs, the best step you can take for yourself is to hire an experienced DUI attorney. Hiring a skilled lawyer can make the difference between being convicted and acquitted.
At San Diego DUI Attorney, we pride ourselves on our extensive knowledge and track record of successfully defending clients in Chula Vista in various DUI cases, including administrative hearings. We can provide rigorous legal representation personalized to your special needs. Call us at 619-535-7150 for a free consultation and case review.
