DUI | San Diego Law Blog - Part 2
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.
After being arrested for driving under the influence in San Diego County, most defendants’ cases are handled by the California DMV and local courts. So, how do you get on the wrong side of the United States Government when it comes to a simple DUI? Federal DUI charges come with harsher penalties, including longer jail sentences and heftier fines.
But these only apply to specific scenarios in our county. Let’s take a look.
Car manufacturers and designers are constantly trying to create newer, safer vehicles. Automatic brakes, lane-departure warnings, rear-view cameras – all of these devices seem to have rolled out of sci-fi films over the past few years. One of the most advanced new features currently being tested may also drastically change DUI rates across the country – but only if it is accurately and effectively implemented.
California’s harsh stance against drunk driving comes with a long list of penalties, ranging from administrative issues like license suspensions to criminal punishments like jail time and court fines.
If you were pulled over for suspected DUI, then arrested, you know how troubling that is. Every single punishment will impact your life, and you should talk to an attorney about how to move forward, but one of the most pressing issues for you might be your car. DUIs often lead to vehicle impoundments, and the process for getting your car back in San Diego is not always simple.
Anyone who has hosted a party knows how difficult it is to wrangle guests together and keep things orderly, especially when alcohol is involved. It is very easy to become distracted and lose track of the situation. If you are hosting anyone under the age of 21, you face certain legal difficulties in San Diego. Our county has strict laws designed to combat underage drinking, including a Social Host Ordinance that allows district attorneys to prosecute party hosts for allowing underage drinking to occur on their watch.
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