DUI | San Diego Law Blog
Being convicted of a DUI with another prior conviction on your record can drastically increase your penalties. While a first-time offender may be able to avoid jail time with the right defense, second and subsequent charges can elevate your punishment and lead to additional restrictions. If you have an alcohol-dependency, the court may require you to avoid alcohol while out on probation or during a pre-trial release. In California, this may mean wearing an ankle monitor specifically designed to detect alcohol.
In order to be charged with a DUI, a police officer must have a reasonable suspicion of that to pull you over. They may claim you were speeding, weaving between lanes, or stepping on your brakes intermittently. However, not all of these actions are the result of alcohol or drug use. Even if you fail a field sobriety test, that does not always mean that you were intoxicated. In some cases, a medical condition can result in symptoms that mimic intoxication and lead to a false positive during a traffic stop.
A DUI with injury may be a felony when it causes harm, when it is your fourth offense DUI, or when the result is manslaughter. When a DUI is pursued as a felony charge, the stakes and repercussions can be severe, and life can become even more complicated.
Child custody can be one of the most contentious issues in a divorce or relationship breakup. In many cases, the court will make the decision regarding child custody. When custody is shared, and you have been arrested and charged with DUI, questions regarding parenting could be exploited by the lawyer representing the other parent.
Having to go through the process of fighting a DUI once can be draining, especially if your case ended in a license suspension and criminal penalties. Years later, you may think the charge is far behind and that you have paid your debt to society. But if you end up on the wrong side of the law again, that old DUI charge may come back to haunt you – even if it took place in another state.
California has one of the largest immigrant populations in the United States, serving as a home to thousands of people from all around the world. Many are here legally, attending school and working for local businesses on certified visas. While these documents can be key to a new life, there are several strict rules you have to follow. If you are arrested for driving under the influence of alcohol or drugs, it can put your visa in jeopardy.
Whether you saw those intimidating red-and-blue flashing lights in your rearview mirror or were suddenly served an arrest warrant, your first thought was probably, “What did I do wrong?”
When an officer believes a suspect has committed a DUI, the officer can have the suspect perform several tests: a field sobriety, breathalyzer, or chemical test. Most people are aware that these are standard procedure, but defendants in DUI cases should also know that they can request their own independent tests. Referred to as a “blood split motion,” this can be a powerful tool in avoiding the full penalties of a DUI charge.
If you’ve been arrested for a DUI, your biggest concern is staying out of jail. We have good news: California courts can invoke other, and oftentimes lighter, punishments for defendants convicted of driving under the influence. One option that defendants tend to overlook is probation, which may allow them to avoid jail time altogether. How can you qualify? Let’s find out.
In the most populated counties in California, district courts have several divisions to handle specific cases. These includes juvenile courts, drug courts, and alternative sentencing courts. These courts appoint special task forces to find alternative ways of dealing with criminal offenders — ways that do not include jail time.
For San Diego County residents who are arrested for DUIs, their cases may receive the attention of the Substance Abuse Assessment Unit.
Don’t Waste Any Time!
Call us today for a FREE Consultation