Oceanside DUI Defense Attorneys
Defending Clients Charged With DUI in Oceanside
In Oceanside, a DUI charge can have serious ramifications on your livelihood and personal life. You may have your license suspended, have to serve jail time, and attend DUI school for months, all based on a traffic stop. However, with the right attorney, your charges may be reduced or dropped completely.
If you have been arrested on a DUI charge in Oceanside, then you should not hesitate to contact jD Law Criminal Defense Attorneys. Our Oceanside DUI defense lawyer has been defending clients for over 30 years and specializes in handling DUI cases. To learn how we can defend your rights, call us at (760) 630-2000 to discuss your case.
Cases We Handle at jD Law Criminal Defense Attorneys
No one knows how to handle a DUI case quite like jD Law Criminal Defense Attorneys, and our firm is well-known for representing a wide variety of DUI cases to achieve positive results for our clients. Whether this is your first offense, your child was arrested, or you are a member of the military, we can provide thorough legal advice about how to proceed with your case and build the strongest defense available.
Cases that we can represent you in include, but are not limited to:
- Misdemeanor DUIs: First, second, and third DUIs are often treated as misdemeanors in North County courts so long as no one was injured in a DUI collision. However, DUIs are still priorable, and defendants can face additional penalties for a second and third offense, including longer jail sentences and license suspensions.
- Felony DUI: A fourth or subsequent DUI conviction can be treated as a felony in California, resulting in you being placed in a state prison, being forced to pay thousands of dollars in fines, and potentially having your license revoked.
- Underage DUI: Drivers under the age of 21-years-old are completely barred from operating a vehicle while under the influence of alcohol, making their BAC limit a flat 0.00%.
- Commercial DUI: Commercial drivers, including truck and bus drivers, have a stricter BAC limit than most drivers. If you are arrested for driving a commercial vehicle with a BAC of at least 0.04%, you can be charged with a commercial DUI. This can apply even if you are operating your personal vehicle and can lead to your Class C license being suspended permanently.
- Military DUI: Being charged with a DUI on a military base can result in a federal DUI. There are also significant career and administrative penalties for members of the military charged with DUIs.
- Out of State DUI: Being charged with a DUI while visiting California may impact your driving privileges in your home state. At least 45 states share DMV records surrounding DUIs, meaning it is possible your home state will suspend your license upon conviction.
- Boating Under the Influence: Whether you are operating a fishing boat or sailboat, being under the influence of alcohol can result in a boating under the influence (BUI) charge, which has similar penalties to a DUI.
- DUI With Injuries: Being involved in a vehicle collision while under the influence of alcohol can result in a wobbler charge of DUI with injuries if someone other than the defendant is injured.
- Vehicular Manslaughter: If someone dies during a DUI collision, it can result in an intoxicated driver being charges with vehicular manslaughter. The penalties can vary depending on the nature of the charge, but it can be elevated to murder under California’s felony-murder rule.
Penalties for a DUI in Oceanside
Oceanside courts, like most courts in California, have strict guidelines for how a DUI charge can be penalized, but each conviction has room for rehabilitation and a reduction in charges. Depending on the nature of your case, our lead attorney can advocate for a reduced charge that involves limited restrictions and no jail time or a complete dismissal.
For most first-time offenders, the penalties for a DUI include:
- Two days to six months in a San Diego County jail
- Fines of up to $1,000
- A license suspension for up to six months or longer
- Vehicle impoundment for up to 30 days
- Community service requirements
However, second and third offenses are treated much more harshly, and a conviction can lead to:
- Ten days to one year in a San Diego County jail
- Fines of up to a $3,000
- A license suspension of two years or longer
- Vehicle impoundment
- Community service requirements
- Three to five years of probation
- Mandatory alcohol treatment enrollment
- Potential ignition interlock device installation
As you can see, subsequent convictions can lead to a significant increase in how you are penalized. In addition, if you are a member of the military or serve at Camp Pendleton, you may face a military DUI charge. While your case will involve the same punishments as a standard DUI charge, you may also face administrative punishments from the military, including:
- Dishonorable discharges
- Pay deductions
- Rank reductions
- Loss of security clearance
While most DUIs are charged as misdemeanors, it is possible you may be charged with a felony charge if you have at least three DUI convictions on your record, which can result in:
- A five-year license suspension
- 16-months, two or three years in a California state prison
- Fines of between $390 to $1,000
- DUI school attendance for between 18 to 30 months
A felony DUI is often referred to as a DUI with Injury, meaning that another individual was harmed during your arrest, such as if you are in a traffic collision. In these instances, your case may also involve additional charges of vehicular manslaughter if an individual died in the collision. Bottom line, these charges are extremely serious, and the prosecution is unlikely to show mercy on you. That is why it is imperative that you secure sound legal advice before your case to ensure you receive the best defense possible.
The Consequences of a DUI With Injury Charge
While the majority of DUI charges involve non-violent crimes, injuring someone in a DUI accident can result in a DUI with injuries charge. This charge is treated as a wobbler in California, with charges being elevated to a felony when someone other than the driver suffers a serious or great bodily injury. A defendant may also face significant civil and administrative penalties for a conviction, including license revocation.
Like DUIs, a DUI with injury is priorable. If you are convicted with at least three DUI with injuries, a fourth conviction can result in an automatic felony, even if the victim’s injuries were minor. As a result, it is important to employ a skilled DUI defense attorney to get the charges reduced or dismissed.
The penalties for a DUI with injuries can include:
- Misdemeanor DUI With Injury: Up to one year in county jail, a maximum fine of $5,000, one to three year license suspension, and five years of information probation.
- Felony DUI With Injury: Up to four years in state prison, a maximum fine of $5,000, a five year license revocation, a strike on your record, and five years of formal probation.
Building a Defense Strategy
You should start building your defense as soon as you are charged, as time is of the essence. Your Oceanside DUI lawyer will need to review all available evidence and charges to determine the best course of action. Our team prides itself on creating miracles and defending cases that other attorneys will turn down, but you will want us to have as much time as possible to give you the best defense available.
Common defense strategies we have used in the past to have charges reduced or dismissed include:
- Outlining how law enforcement illegally stopped you
- Showing that the field sobriety tests were improperly administered
- Demonstrated that the BAC test results led to a false positive
- Explaining that charges are based on objective signs of intoxication, but there is no other supporting evidence
At jD Law Criminal Defense Attorneys, our lead attorney is a Certified Criminal Law Specialist and has extensive experience as a former LAPD investigator. When you bring your case to him, you can trust that he will utilize all of his skills, expertise, and knowledge to protect your rights and ensure you are not charged with a crime you did not commit. To begin building your DUI defense case today, contact our Oceanside criminal defense lawyers today at (760) 630-2000.
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