Prosecutors Eye San Diego County DUI Surge in 2021

By San Diego Attorney on January 14, 2022

Deadly DUI crashes have risen dramatically in San Diego County and six other counties in the state, with fatal DUI accidents up 15 percent statewide. The cause for the rapid rise is believed to be related to the pandemic. Alcohol sales have increased during the pandemic, with a corresponding increase in DUI driving and fatal accidents. In San Diego County, the deaths from DUI accidents are double the average, the highest in two decades. To try to stem the tide, law enforcement, in greater numbers, are patrolling the streets and highways.

San Diego County, Sacramento County, Kern, and El Dorado Counties are all facing a shocking increase in DUI related deaths. In San Diego County, more than half the drivers arrested for DUI were found to be intoxicated with both alcohol and drugs. The drivers arrested for DUI in the County were found to have an average of .18% BAC (blood alcohol concentration), more than twice the legal limit. The DA’s office is being given a grant of $530,600 from the Office of Public Safety to assist in prosecuting cases of vehicular homicide, provide training to law enforcement, and to present DUI campaigns in schools, on military bases, and colleges.

Felony DUI Charges in San Diego County

Drivers who are found to be under the influence of drugs, alcohol, or both, who are involved in an accident, will face serious legal consequences in California.

• Felony DUI Vehicular Manslaughter: If you were found to be above the legal limit and have been involved in a traffic accident in which another person died, you may be charged with vehicular manslaughter. If you have a prior conviction for a DUI offense, or are charged with gross negligence vehicular manslaughter, the penalties imposed can be up to six years in prison and fines up to $10,000.
• Felony DUI Cases Causing Injury: When a car accident leads to injuries, if a driver is found to be above the legal alcohol limit or intoxicated by drugs, felony DUI charges are typically filed. In a conviction, the penalties imposed can include up to three years in jail, and up to $5,000 in fines, along with license suspension for up to three years.
• Repeat Offenders: A second DUI conviction within three years of a first DUI conviction will now lead to up to $1,200 in fines, and mandatory penalty assessments that increases costs. The penalties imposed can include up to one year in jail, three to five years on probation, mandatory attendance to DUI school for 18 months, and a two year suspension of your legal right to drive.

What Factors Does a Legal Team Evaluate to Craft a DUI Defense?

If you have been arrested and charged with DUI, you can expect a very unpleasant and dangerous situation. If another person was injured or died in an accident, and you were found to be above the limit, you will be assumed to be at fault – but were you? Or were you even intoxicated at all? To craft a compelling DUI defense case, it is necessary to review every detail of the evidence, including:

• Drug and alcohol testing: Was the testing performed correctly?
• Police conduct: Were your rights violated by the actions taken by law enforcement?
• Roadside testing: Were you a victim of improper roadside testing procedures?
• Laboratory errors: Did a blood test give an incorrect result due to faulty procedures?
• Responsibility: Did another driver cause the accident, or contribute to the collision?

Are You Facing Felony DUI Charges?

If you are accused of causing a fatal DUI collision, or an accident that injured another person, you need to ensure that every possible action to defend your case is undertaken by your DUI defense lawyer. With the recent increase in fatal DUI accidents, San Diego County prosecutors are acting aggressively to attempt to convict offenders.

At jD LAW, when we take on defending a client, we are equally aggressive in our approach, and are armed with knowledge and an extraordinary level of experience. Our founder James N. Dicks, formerly served as a Los Angeles Police Department investigator and is a Certified Criminal Law Specialist. His years of experience as a police officer and narcotics investigator, and as a DRE (Drug Recognition Expert), he takes on DUI defense with a rare level of confidence and knowledge.

For a free consultation to discuss defending felony DUI charges, contact us at (760) 630-2000.