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After being arrested for drunk driving, individuals often find themselves feeling overwhelmed and defeated. Many believe that their testimony will hold little weight against the account provided by the arresting officer. However, in reality, driving under the influence (DUI) cases are rarely as straightforward as they seem.
California has strict DUI laws in place, and penalties for DUI convictions can be severe. Fortunately, not all DUI charges turn into actual convictions. What typically separates a strong DUI defense from a weak defense is the San Diego DUI lawyer you choose to work with. If you have been charged with a DUI offense in San Diego, don’t gamble with your freedom – partner with an experienced Bernal Law DUI defense attorney today.
WHAT YOU SHOULD KNOW ABOUT DUI LAWS IN SAN DIEGO
The consequences of driving under the influence can be devastating, not just for the driver but also for their family members and any accident victims. Because of this, California’s DUI laws are tough and stringent.
Like many states, the legal blood alcohol concentration (BAC) limit in California is 0.08%. However, there is a zero-tolerance policy in place for individuals under the age of 21, who must abide by a BAC limit of 0.02%. California also levies enhanced penalties for drivers with a BAC above 0.16%.
Interpreting DUI laws, filing effective motions, and scrutinizing police procedures can all be difficult without the help of an experienced DUI lawyer in San Diego.
POTENTIAL PENALTIES FOR DUI CONVICTIONS IN SAN DIEGO, CALIFORNIA
Penalties for a DUI in San Diego can be severe, even for first-time offenders. Not only can a DUI conviction put your freedom in jeopardy, but it can also affect many other areas of your life, such as your employment opportunities and reputation.
First Offense
A first-offense DUI that doesn’t involve bodily injury is punishable by:
- Up to $3,600 in fines, assessments, and fees
- Up to six months in jail
- Three to five years of probation
- Mandatory license suspension
- Completion of an alcohol education program
Furthermore, you will be required to install an ignition interlock device in your vehicle for at least six months at your own expense.
Second Offense
A second offense DUI in San Diego could result in:
- Up to one year in jail
- Up to $4,000 in fines, penalties, and assessments
- Two-year license suspension
- Three to five years of probation
- DUI school
A second offense also requires a mandatory installation of an ignition interlock device for one year.
Third Offense
A third DUI offense can incur:
- Up to $18,000 in fines, fees, and assessments
- Up to one year in jail or 16 months in prison
- Three-year license suspension
- Up to five years of probation
- Installation of an ignition interlock device for two years
A third offense also can result in up to 30 months of DUI school.
Strategic Defenses in DUI Cases
When confronted with DUI charges, understanding the common defenses is crucial for mounting an effective legal strategy. Bernal Law, with its extensive experience in DUI defense, employs a nuanced approach to navigate these cases. We may utilize the following defenses in your DUI case:
- Challenging the Traffic Stop: If the stop lacks reasonable suspicion or is unlawfully conducted, it can be a foundational point of defense. Bernal Law will meticulously examine the circumstances surrounding the stop, aiming to challenge its validity.
- Questioning Field Sobriety Tests: Field Sobriety Tests (FSTs) are commonly used by law enforcement to gauge impairment. However, factors like medical conditions, nervousness, or even environmental conditions can impact performance. Bernal Law adeptly scrutinizes FST procedures, pinpointing potential flaws to bolster the defense.
- Discrediting Breathalyzer Results: Breathalyzer results, while seemingly definitive, are not immune to errors. Bernal Law employs forensic experts to scrutinize calibration records, maintenance protocols, and potential malfunctions.
- Challenging Blood Test Procedures: Blood tests are another pillar of DUI evidence. Bernal Law scrutinizes the entire blood testing process, from the collection to analysis, looking for irregularities or procedural lapses.
- Raising Issues with Miranda Rights: In some cases, failure to properly inform the individual of their Miranda rights can be a defense strategy. Bernal Law explores all aspects of the arrest process, ensuring that clients’ rights are upheld throughout.
- Establishing Rising Blood Alcohol Content (BAC): The concept of “rising BAC” underscores that an individual’s BAC may continue to rise after the actual driving. Bernal Law leverages this understanding, presenting evidence that challenges the assumption of intoxication at the time of driving.
Navigating a DUI case demands a strategic and thorough defense. Bernal Law leverages these common defenses, tailoring each approach to the specific nuances of individual cases.
HOW A SAN DIEGO DUI DEFENSE ATTORNEY CAN HELP IF YOU HAVE BEEN ACCUSED OF DRINKING AND DRIVING
Although partnering with a San Diego DUI defense lawyer in San Diego is not required, representing yourself is not recommended. The prosecution is well-trained, has many resources, and is motivated to win a conviction. A Bernal Law DUI defense attorney in San Diego can potentially help to have charges reduced or dismissed, negotiate with the prosecution, and thoroughly scrutinize the strength of evidence against you.
While no reputable DUI attorney in San Diego can guarantee that your case will be dismissed or charges will be reduced, hiring a San Diego DUI lawyer can significantly increase your chances of getting a more favorable outcome. Many times, charges are brought about that lack sufficient evidence or where the defendant’s rights have been violated in order to obtain evidence.
When you choose Bernal Law for your DUI case in San Diego, you will have an experienced DUI attorney in San Diego on your side who will thoroughly dissect every aspect of your case and fight for your rights. At our firm, we help people accused of DUI by:
Providing Legal Knowledge
At Bernal Law, we possess a deep understanding of the complex DUI laws and regulations in San Diego. We can help you comprehend the charges you are facing, potential consequences, and available options.
Thoroughly Evaluating Your Case
We will thoroughly review the details of your case, including the circumstances of your arrest, the evidence against you, and any procedural errors that might have occurred. This detailed evaluation helps identify potential weaknesses and strengths in your case.
Utilizing Strong Defense Strategies
Bernal Law is well-versed in a range of defense strategies that could be applicable to your situation. We can challenge the validity of field sobriety tests, breathalyzer results, and the legality of the traffic stop itself. This proficiency is crucial in building a strong defense.
Guiding You Through The Legal Process
Navigating the legal system can be overwhelming, but we will guide you through every step of the process. From filling out paperwork to representing you in court, we confirm all legal procedures are followed correctly.
Negotiating For You
In some cases, we can negotiate with the prosecution to potentially reduce charges or penalties. We might be able to secure a plea bargain or explore alternative sentencing options such as rehabilitation programs.
Protecting Your Rights
Bernal Law is dedicated to safeguarding your rights throughout the legal process. We will make sure law enforcement and the prosecution adhere to proper procedures and respect your constitutional rights.
An Overview of “Implied Consent”
In California DUI cases, the term “implied consent” carries significant weight, impacting drivers across the state.
Presumption of Consent
When you get behind the wheel in California, an important presumption comes into play—the notion of “implied consent.” Essentially, this means that, by choosing to drive, you are presumed to have given consent to chemical testing if you’re later arrested under suspicion of driving under the influence. This presumption extends beyond California license holders, encompassing all drivers on California roads.
Dual Penalties for Refusal
Implied consent isn’t a mere legal formality; it empowers the state to enforce penalties, both on a criminal and administrative front, if you refuse chemical testing when lawfully requested. This dual repercussion underscores the significance of understanding and acknowledging implied consent when navigating DUI situations.
What You Need to Know About Breathalyzer Tests?
Being pulled over for a potential DUI/DWI in San Diego can be a stressful experience, especially when facing the decision of whether to take a breathalyzer test.
Understanding Your Rights
At the time of arrest, an officer must inform you of the severe penalties for refusing an initial breathalyzer analysis, including fines, license suspension or revocation, and potential incarceration. Importantly, you are not granted the right to consult with a DUI defense attorney before deciding whether to take the test, and your refusal can be used against you in court.
Field Sobriety Tests
Field sobriety tests are conducted at the time of your arrest, offering you the choice between a blood or breath analysis. While you have the right to refuse this initial analysis, an officer may proceed with an arrest based on other indicators of impairment, leading to further testing post-arrest.
California Vehicle Code Sections 13353 and 14905
California Vehicle Code Sections 13353 and 14905 outline the consequences of refusing an initial breathalyzer analysis test. Depending on your offense history, a refusal may lead to license suspension for one to four years, along with a $125 fine. It’s essential to recognize that refusing a test doesn’t guarantee immunity from a DUI/DWI conviction. Prosecution can use the refusal as evidence, suggesting awareness of guilt regarding BAC levels.
What You Need to Know About License Suspension
When facing DUI allegations, the prospect of license suspension looms large. From the inevitability of suspension upon DUI conviction to avenues for mitigation, here’s what you need to know:
- Inescapable License Suspension: If convicted of a DUI in California, license suspension is an inescapable consequence. However, a skilled DUI attorney in San Diego can substantially bolster your defense, increasing the chances of reduced charges, dismissal, or negotiating lighter sentencing.
- Duration of Suspension: License suspensions following a DUI conviction vary in duration. The timeframe can span from six months to three years, with extraordinary situations potentially extending this period.
- Hard Suspension Period: Most DUI-related license suspensions entail a “hard suspension” period, typically lasting 30 days but occasionally extending up to 90 days. During this duration, the option for a restricted license is unavailable, emphasizing the restrictive nature of the initial phase.
- Reinstating a Restricted License: After the hard suspension period, eligible cases can seek the reinstatement of their license on a restricted basis. This restricted license grants limited driving privileges, primarily to essential destinations like school, work, medical appointments, and other necessary locations.
Understanding the intricacies of license suspension is essential when facing a DUI charge. While suspension is a standard consequence, proactive legal representation can navigate complexities, offering avenues for mitigation and the possibility of reinstating driving privileges on a restricted basis.
SCHEDULE YOUR FREE, NO-OBLIGATION CONSULTATION WITH A SAN DIEGO DUI ATTORNEY
As a Former Deputy District Attorney, Pedro Bernal, Esq. has handled hundreds of criminal cases in California. For almost a decade, he learned the strategies used by prosecutors. Today, he brings that knowledge and experience to your side.
If you were arrested for DUI in San Diego, do not wait until the prosecution has had months to build a case against you. Contact Bernal Law today for your free, no-obligation consultation. Call (619) 736-9092 or reach out to us online to get started. Attorney Bernal is also fluent in both English and Spanish.
