Dulzura

Driving under the influence is an umbrella term for various drug- or alcohol-related offenses in California. Most DUIs are often charged as misdemeanors. However, a prosecutor can also pursue felony DUI charges depending on the unique circumstances of your case. A DUI is subject to strict consequences regardless of the specific crime. If you face DUI charges, you should contact an experienced Dulzura DUI attorney. At the San Diego DUI Attorney, we have committed attorneys who can represent you if the police arrest you or a loved one for driving under the influence of alcohol or drugs.

What Happens At A DUI Stop In Dulzura

A DUI pull-over can happen if law enforcement stops you at a checkpoint, sees you driving erratically, or shows up at the scene of an accident. This often happens as follows:

• After stopping your vehicle, the law enforcement officers look for signs of intoxication, including the smell of marijuana or alcohol, slurred speech, and bloodshot eyes. The officers will observe to determine if you have problems with taking out your license, giving your registration information, providing your insurance details, or answering questions.
• The police can order you to undergo a preliminary alcohol screening (PAS test), also known as a roadside breathalyzer test. However, this test is optional for drivers above 21 years old.
• The police can order you to undergo three standardized field sobriety tests (FSTs), including the walk and turn, one-leg stand, and horizontal gaze nystagmus. The sobriety tests are also not mandatory, but you can submit to the tests at will.
• The law enforcement will likely believe they have probable cause to arrest you if you fail the FSTs and PAS tests. You can decline the PAS and FST tests and request to speak to your Dulzura DUI attorney.

The police can request a sober person to drive your vehicle as they arrest you. The officers can also impound your car, attracting hefty daily storage fees.

A Blood or Breath Test

Upon obtaining a driver’s license in California, you will be deemed to have given your “implied consent” to undergo blood or breath tests once the police arrest you for DUI. You must undergo a blood test if the police suspect a DUI of drugs because the breath test only detects alcohol. You should not resist a DUI chemical test. The police can take the following actions if you refuse to submit to a DUI chemical test:

• Secure a warrant and restrain you physically to obtain a blood draw
• The refusal can attract mandatory jail if you are convicted of DUI
• The officers can use your refusal as evidence against you in court
• Refusing a blood or breath test can attract a license suspension.

If you are on anticoagulants or have hemophilia, you can undergo a urine test instead of a blood test. You can also undergo a urine test if no blood or breath tests are available.

First-time DUI Penalties

A first-time DUI is often charged as a misdemeanor in California. This offense can attract three to five years of informal probation with the following terms:

• Suspension of your driver’s license for a period that does not exceed six months. Fortunately, you can continue operating your car without restrictions if you install an ignition interlock device (IID) in your car.
• Complete a DUI alcohol or drug education program that takes three to nine months. This program is also known as an AB541 class.
• Paying a fine of $390 to $1,000. However, this amount can increase to thousands of dollars, including fees and assessments.

A first-time DUI can also attract a jail term of 48 hours to six months in a county jail. The judge can also suspend your jail term, provided you complete the above sentencing conditions.

Second DUI Penalties

A second DUI offense within ten years of your first DUI is often charged as a misdemeanor. You could face a three- to five-year informal probation, including the following terms:

• Suspension of your driver’s license for a period that does not exceed two years. You can continue operating your car without restrictions if you install an IID for one year.
• Complete a court-approved DUI school that lasts 18 to 30 months. This program is also known as an SB 38 class.
• Paying a fine of $390 to $1,000. This amount does not include all the other crime-related expenses and assessments that can be thousands of dollars.
• A jail term of up to 96 hours to one year in a county jail

Third DUI Penalties

You will face misdemeanor charges if you commit a third DUI offense within ten years of your first one. The judge can grant you a three to five-year informal probation with the following conditions:

• Suspension of your driver’s license for a period that does not exceed three years. You can only get your license back if you install an IID for a period that does not exceed two years.
• Completing a court-approved alcohol or drug education program that does not exceed 30 months.
• Paying a fine of up to $390 to $1,000. However, this does not include other court costs, assessments, and fees that these cases involve.
• A jail term of up to 120 days to one year

You could be considered a habitual traffic offender for three years if you are guilty of a third DUI offense.

Fourth DUI Penalties

A fourth DUI offense within ten years of your first DUI is often charged as a wobbler. As a result, you can face misdemeanor or felony charges depending on your case and criminal record. You can face the following penalties if you are guilty of a fourth DUI:

• A fine of $390 to $1,000, but the related expenses and fees can amount to more than $10,000
• Suspension of your driver’s license for a period that does not exceed four years. You will only get back your license if you install an IID in your car for three years.
• A jail term of up to 180 days to one year for a misdemeanor. You can face a jail term of 16 months, two or three years if you are charged with a felony.

You could be considered a habitual traffic offender for three years if you are convicted of a third and fourth DUI offense.

DUI Causing Bodily Harm or Death in Dulzura

You will face misdemeanor or felony charges under PC 23153, depending on your case or criminal record, if you are guilty of a non-fatal drunk driving offense causing bodily injury. Misdemeanor charges can attract the following penalties:

• Suspension of your driver’s license for a period that does not exceed one year, but you can drive with an IID.
• Enrolling for a court-ordered alcohol or drug program for 3, 18, or 30 months
• A fine ranging from $390 to $5,000
• A jail term of five days to one year in a county jail
• A misdemeanor probation of three to five years

Felony charges can attract the following penalties:

• Suspension of your driver’s license for a period that does not exceed five years, but you can drive with an IID
• Three years of habitual traffic offender status
• Enrolling for a court-ordered alcohol or drug education program for 18 months to 30 months
• A fine ranging from $1015 to $5000
• A jail term of 16 months to ten years in a state prison
• An additional jail term of one to six years in a state prison, depending on the number of people injured and the degree of injuries

You will face the penalties depending on the offense you are convicted of if your DUI caused someone’s death. The judge can impose vehicular manslaughter while intoxicated charges under PC 191.5(b). This will happen if you cause a fatal DUI accident while driving intoxicated and with ordinary negligence. This offense can attract a fine that does not exceed $1000 and a jail term that does not exceed one year in a county jail. On the other hand, felony charges can attract a fine that does not exceed $10,000. You will also face a jail term of up to 16 months, two years, or four years.

DUI After A Felony DUI

Any DUIs you commit after you commit a felony DUI will also be a felony. This will happen even if no one was injured. The judge can convict you regardless of the time since you committed the previous offense. A DUI following a felony DUI can attract the following penalties:

• A jail term of 16 months, two years, or three years in a county jail
• A fine that does not exceed $10,000

Sleeping DUIs

The law enforcement can arrest you for DUI if they find you asleep in your car with the engine on. The officers can do so if they believe:

• You are intoxicated, or
• You have an illegal BAC

The police will still arrest you if they find you asleep in the driver’s seat while the car is off or you are asleep in the backseat with the car on. They will do this with the claim that you were still driving the car.

However, you can avoid DUI charges if you are found asleep in the backseat with the car engine off. This can only happen if you provide evidence that you were driving drunk before parking and that you fell asleep to sober up.

Probation Conditions

The following conditions are often included if the judge grants you probation in a DUI case:

• You should not commit an additional offense while on probation
• You should not refuse to undergo a chemical test or evidentiary test of your breath, blood, or, in rare situations, urine, if the police arrest you for a subsequent DUI.
• You should not operate a vehicle with any measurable amount of alcohol in your blood

The judge can impose the following conditions depending on your case:

• Restitution payment to any victims if your driving under the influence leads to a crash
• Enrolling for the Mothers Against Drunk Driving (MADD) Victim Impact Program
• Attending Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings

Your probation can be revoked if you violate probation, and you will be put back in custody to serve your jail term. If you face charges for violating probation terms, your Dulzura DUI attorney can help you create a defense.

Facing A DUI Charge While On DUI Probation

The judge can revoke your probation if the police arrest you for a new DUI while still on probation for a prior one. You could be taken into custody to serve your suspended jail term. However, you can pursue a probation revocation hearing with the help of your Dulzura DUI attorney. At the hearing, you can present the following arguments:

• You did not commit an additional DUI
• You deserve another chance

The DMV can suspend your driving privileges if you commit a DUI while on probation for a prior DUI. Your suspension can be as follows:

• Suspension of your driver’s license for one year if your BAC is at least 0.01% according to a PAS or chemical test
• Suspension of your driver’s suspension for two years if you refuse to undergo a PAS or chemical test
• Suspension of your driver’s license for three years if you refuse to undergo a PAS or chemical test, plus you have two or more prior DUI convictions.

The suspensions will run concurrently if you are guilty of committing more than one of the above violations.

Sentence Enhancement

You will face harsher or enhanced penalties if DUI aggravating factors exist. Some of the aggravating factors in DUI cases include the following:

• Acting belligerently towards law enforcement
• Operating a vehicle with an open alcohol container
• Committing a DUI when you are below 21 years old. This often attracts a suspension of your driver’s license for one year.
• DUI with a minor below 14 years in the car, which can also attract an additional child endangerment charge.
• Driving your car at an excessively high speed
• Causing a crash while driving under the influence
• Refusing to undergo a chemical test. This can attract an additional one-year license suspension for a first refusal. Your driver’s license can be suspended for two years for a second refusal. The DMV can suspend your driver’s license for three years for a third refusal.
• Having a blood alcohol content (BAC) of 0.15% or more

A first-time DUI can attract a driver’s license suspension if you are a commercial driver. You could face a lifelong ban from driving in case of any future DUIs. These severe punishments show the importance of commercial drivers driving carefully because they carry huge loads and can cause fatal crashes.

Options To Jail

Depending on your DUI case, you can avoid all or some of your sentences through alternative sentencing. This can include:

• A jail term in a city or private jail
• Residence in a sober living environment
• House arrest or electronic monitoring
• Community service
• Caltrans roadside work

Restricted Licenses

You can face the following restricted licenses in California:

• Regular restricted licenses allow you to drive to restricted areas like school and work
• An IID-restricted license that allows you to operate the car anywhere

You can obtain a restricted license if you downgrade your commercial driver’s license to a Class C noncommercial driver’s license. A reissue fee of $125 can help you secure a restricted license if you were not driving a commercial vehicle at the time of the DUI. This can allow you to drive to work after 30 days of suspension. Additionally, you can seek a restricted license without having a DMV hearing.

Reinstating Your Driver’s License

You can apply for reinstatement of your license at a local DMV office or online after the suspension is over. Apart from paying the required fee, you must buy a Form SR-22 from your insurance company and keep it for a period that does not exceed three years. A Form SR-22 is used as evidence of financial liability, which you carry at least the minimum required auto insurance:

• $15,000 for property damage liability
• $30,000 bodily harm liability for each victim, and
• $60,000 bodily harm liability for each crash

You can buy Form SR-1P from your insurance company if your car has fewer than four wheels, like a motorcycle.

Fighting DUI Charges

You can present the following legal defenses to fight your DUI charges:

• Your high blood alcohol concentration (BAC) resulted from rising blood alcohol, and your BAC was legal when you were operating the car
• The law enforcement did not have probable cause to arrest you
• You have a medical condition like GERD, which causes excess mouth alcohol
• You had a medical episode that is similar to intoxication, such as a seizure
• The blood sample results were interfered with during processing at the lab
• The blood samples were contaminated
• The person who calibrated the breath testing device last caused a certification lapse
• Defective breath testing machine
• The law enforcement gave misleading instructions for the field sobriety tests and scored you wrong
• The law enforcement had no reasonable suspicion to stop you

The evidence you can provide in the above situations includes:

• Video surveillance
• Accident reconstruction experts
• Split blood testing
• Expert forensic witnesses, and
• eyewitnesses

Find a Dulzura DUI Attorney Near Me

A DUI conviction can have detrimental outcomes that can affect your life in many ways. You should contact an attorney immediately after a DUI arrest. Contact the San Diego DUI Attorney if you need a dependable Dulzura DUI attorney. We have experienced attorneys with a comprehensive understanding of the California DUI laws. Call us today at 619-535-7150 to speak to one of our attorneys.