DUI Attorney in San Diego
No DUI is an open-and-shut case. Many California drivers may feel they have no choices if they are stopped on suspicion of drunk driving and their blood alcohol concentration is measured to be over the legal limit. However, not all DUI cases presented by the prosecutor’s office are equally strong. Your case may have been influenced by questionable motives for the stop, poor handling of on-site testing, or other factors that raise important questions about your guilt or innocence.
Greg Turner, our DUI attorney here at Turner Law, has handled more than 1,500 cases in his 25-year career in criminal defense law. His outstanding skills in legal analysis allow him to examine the evidence against you, evaluate its impact and propose defense strategies to minimize the DUI charge’s impact on your life. Call us 24/7 at 619-436-4502 or use our online contact form to set up an appointment. We offer a discount to current military members and veterans.
DUI TABLE OF CONTENTS
DUI Arrests And Possible Defenses
An arrest for DUI is a complex operation, and law enforcement is required to follow certain procedures to ensure your due process rights are upheld. As your DUI attorney, Mr. Turner will ask the following questions as he reviews your case:
- How was the stop made? Did the officers have probable cause, or was it part of a large-scale DUI stop operation?
- Was the defendant allowed to decline taking field sobriety tests?
- If the defendant agreed to take and “failed” field sobriety tests, were there factors that explain balance or gaze disturbances?
- Was the defendant made aware of their right to remain silent and not answer questions unless an attorney was present?
- Were preliminary blood alcohol content (BAC) tests administered in the field? Was the equipment used properly maintained and operated?
- Were there any irregularities with the way BAC tests were administered at the police station?
Our DUI lawyer has successfully defended cases of extreme DUI and cases in which the defendant faced their second or third DUI charge. He can discuss with you whether an acquittal, a reduced sentence or a case dismissal is a possibility in your circumstances.
California DUI Laws
Here are key points to the DUI code from the California Vehicle Code § 23152.
- Any Alcohol Influence: It is illegal to drive under the influence of any alcoholic beverage (subsection a).
- Blood Alcohol Concentration (BAC): Driving is prohibited if an individual’s BAC is 0.08% or higher (subsection b). This is determined through grams of alcohol per 100 milliliters of blood or per 210 liters of breath. There is a rebuttable presumption of impairment if the BAC is measured at or above 0.08% within three hours of driving.
- Drug Use: It is unlawful for someone to drive under the influence of a drug.
- Commercial Drivers: For drivers of commercial motor vehicles, the BAC limit is 0.04%
- Passenger for Hire: It is illegal to drive with a BAC of 0.04% or higher if there is a passenger for hire in the vehicle (subsection e).
- Combined Drug/Alcohol Influence: It is also illegal to drive under the combined influence of alcohol and drugs (subsection g).
1st California DUI Offense
Contrary to popular belief, a conviction for a first DUI offense in California carries significant consequences that extend to your personal life and career trajectory.
- For commercial drivers, a conviction can result in a one-year suspension of their commercial driver’s license (CDL), threatening their livelihood.
- Professionals, such as doctors, lawyers and teachers, may face disciplinary actions from licensing boards, potentially affecting their careers.
- Military personnel could encounter severe repercussions under the Uniform Code of Military Justice, including demotion or discharge.
Key penalties for a first DUI offense include:
- License suspension: A standard four-month suspension for noncommercial drivers, with options for restricted licenses under specific conditions.
- Fines and fees: These can range from $390 to $1,000, excluding additional court and administrative costs.
- DUI school: Mandatory enrollment in a three- to nine-month program, depending on your blood alcohol concentration (BAC) level.
- Ignition Interlock Device (IID): Installation of an IID may be required for up to six months.
Jail time or probation may also be imposed for a first DUI offense in the San Diego region. Our seasoned lawyer can explain your defense options and help you find ways to minimize the impact of your DUI case on your personal and professional life. Call us 24/7 at 619-436-4502 or use our online contact form to set up an appointment.
Multiple DUI Arrests
When someone faces drunk driving charges for the second or third time, the consequences of the case are much higher. Setting aside the damage to their reputation, it is very possible that they will spend time behind bars. In some instances, people are sentenced to prison for a number of years as a result of multiple DUI cases. This is a very serious possibility for a lot of people facing drunk driving charges, and they worry about losing the ability to spend time with their kids, pursue a career or simply enjoy life.
Past cases impact current drunk driving cases in different ways, and it is imperative for people in this position to have a thorough defense as well as a solid understanding of their legal options. Even though severe consequences are often unavoidable, a more favorable outcome is within reach for some of those who carefully approach their case.
DUI Programs In California
California offers a variety of DUI programs designed to educate offenders and reduce recidivism. These programs are tailored to the severity of the offense and the individual’s needs, providing a comprehensive approach to rehabilitation.
● Wet reckless programs: Short-term courses for individuals convicted of a “wet reckless” offense
● First offender programs: Ranging from three to nine months, these programs focus on education and behavior modification
● Multiple offender programs: Extended programs lasting 18 to 30 months for habitual and repeat offenders
● Youth programs: Specialized courses for underage offenders may be available, addressing the unique challenges they face and helping prevent recidivism
Participation in these programs is often a requirement for license reinstatement. Our DUI attorney can provide critical guidance in helping you understand these programs and guide you in making wise defense decisions. Call us 24/7 at 619-436-4502 or use our online contact form to set up an appointment to discuss your legal options.
Can you refuse roadside sobriety tests?
You may have been driving one night and had a cop pull you over. The officer may have thought you were driving under the influence (DUI) because you were swerving while driving, driving much slower or faster than intended or leaving a blinker on for much too long.
The officer may have asked you a few questions and thought they smelled the smell of alcohol on your breath, causing them to ask you to do a few roadside sobriety tests. This may have you wondering “Do I have to do a roadside sobriety test?” Here’s what you should know:
You can and should refuse roadside sobriety tests
There are several problems with doing roadside sobriety tests, but first, you should know what a cop might ask you to do. There are three most notable tests endorsed by the National Highway and Traffic Safety Administration (NHTSA).
First, the “horizontal gaze nystagmus” involves seeing if there are any anomalies when keeping your eyes on a focused point. While intoxication or drugs can make it difficult to stay focused, several other factors might make you fail this test. You may have a disability with your eyes or a lack of sleep can make it harder to focus, causing you to fail the sobriety test.
Second, the “walk and turn” asks you to walk a short distance in a straight line. It can be harder to do this while under the influence, but again, disabilities like a limp or dizziness could be the cause of a failed test.
Third and final, the “one-leg stand” test is meant to see if you have poor balance because of alcohol or drug use. This test may seem ridiculous if you naturally have poor balance or if age or disability hinders you.
While you can’t refuse a breathalyzer test, sobriety tests such as these are often done by new police recruits with little to no training or basis. You may have been wrongly accused of DUI because of the failure of an officer’s training. Call us 24/7 at 619-436-4502 or use our online contact form to set up an appointment.
Can field sobriety tests give faulty results?
In California, there are three types of standardized field sobriety tests. Officers use these tests to check a driver’s sobriety. Often, this is a first step before officers administer breath or blood tests. Still, courts sometimes use field sobriety test results as evidence. But are they fool-proof or can they sometimes have faulty results?
The quick answer is no. Some studies suggest that field sobriety tests have an accuracy rate of 60-70 percent. The average accuracy of standardized field sobriety tests is around 50 percent. This is part of why these tests are not used as primary evidence. They are often used as supplementary pieces that support more condemning evidence.
Why is there such a relatively low percentage of accuracy? This is because the tests check things like balance and the ability to follow directions. Many factors can influence field sobriety test results. Many are not related to alcohol. For example, many medical conditions can worsen a victim’s balance or vision. Nervousness can contribute to an inability to follow instructions. Without running breath or blood tests, it is hard to determine cause for a failed field sobriety test. This is why it is often a “first step” for officers to take.
Breath tests can produce false positives
People often assume that chemical breath tests are incredibly accurate and reliable, but that simply is not the case. False positive results are a common issue. A variety of personal circumstances might result in someone failing a breath test despite having had very little or nothing to drink at all.
Uncontrolled diabetes could result in a false positive reading on a breath test or an elevated BAC reading when someone has only had a single drink. Some medical professionals even recommend the use of a breathalyzer test to detect signs of blood sugar irregularities among those with diabetes or pre-diabetes.
Dietary issues could trigger false positives for the same reason. Those who maintain a keto or Paleo diet to force their bodies to burn fat may have acetone on their breath which could trigger a false positive. There are a few other health conditions, including relatively rare disorders, that could also cause false positive results on a breath test.
Certain prescription medications and over-the-counter remedies could alter the accuracy of a breath test. Specific types of inhalers and medications that include alcohol, especially when taken shortly before driving, could lead to unreliable breath test results. Finally, certain hygiene habits, including using a breath spray or a mouthwash could temporarily elevate someone’s reading on a breath test and lead to criminal charges when they were not actually under the influence.
People who understand that failing a breath test doesn’t guarantee a conviction may feel more confident about fighting DUI charges. Learning more about why false positives may occur can give people a better idea of the defense strategies that are potentially available to them.
When can you challenge breath test results in California?
As soon as the police officer pulls you over, they will start looking for evidence of misconduct. They might ask you questions or even request that you exit the vehicle to perform a field sobriety test. If your answer to questions or performance on the test gives the officer reason to suspect chemical impairment, the next step will likely be to request a chemical breath test.
When you know you have not had too much to drink, you may eagerly agree to do the test because you assume that it will exonerate you. Unfortunately, some people consent to a breath test only to find to their dismay and confusion that the test shows they are over the legal limit for their blood alcohol concentration (BAC).
You know you absolutely did not have too much to drink, so the obvious conclusion is that the breath test is wrong. When can you potentially challenge the results of that test?
When you have an alternate explanation
Do you have a rare medical condition, like auto-brewery syndrome? Have you had issues with diabetes management recently and believe you may have been in the state of ketoacidosis during the traffic stop?
There are numerous medical reasons why you might fail a field sobriety test or a chemical breath test. Providing evidence of those alternate explanations in court could potentially be a successful defense strategy.
When there are issues with the testing unit
If you don’t have a health issue that explains why you failed the test, the unit itself may have had an issue that affected the accuracy of the results. Breath test devices require frequent calibration, software updates and mechanical maintenance to operate properly.
When departments fail to install software updates or routinely calibrate the devices they use for traffic enforcement, the results returned when they use the test may be inaccurate and may not stand up to scrutiny in court.
When you know the test is wrong
It is also possible in cases where there is no evidence of health concerns or an issue with the device to challenge the science behind chemical breath tests. Some judges will no longer rely on breath testing for a drunk driving case because of how many issues can compromise the accuracy of the results.
Learning more about chemical breath testing could help you fight back against allegations of impaired driving. Call our attorney at 619-436-4502 to learn how he can help you.
When does DUI become a felony?
A DUI is a serious offense in California and in all states, but first-time offenses are commonly misdemeanors. However, a driver could face felony charges in some cases depending on each state’s law. Drivers may undergo an assessment to determine their drinking habits and alcohol education. Several factors may get a driver charged with felony DUI.
Previous convictions and other law violations
A driver who has a previous conviction in a certain time period could get a misdemeanor DUI charge elevated to felony. This time period may range from five to 10 years.
If the driver gets caught again driving on a restricted license, the charge could be a felony. For example, getting pulled over with an ignition lock from a previous conviction commonly results in felony charges.
If the driver commits another crime or breaks another law, they could get a felony charge. Driving on a suspended license while intoxicated is usually a felony in most states.
Bodily injury or child endangerment
In some states, a felony charge results from killing or injuring someone while intoxicated, such as running a stop sign. However, the driver has a lower chance of getting a felony charge in cases of them being rear-ended. Having a child in the vehicle at the time may result in a felony charge even if the child is theirs.
High BAC levels
Blood alcohol content means the amount of alcohol in the body. Most states set the limit for impairment at 0.08. If a driver has a BAC greater than that, they may face more serious consequences. Law enforcement commonly uses a breath test to measure BAC when a driver is pulled over. Refusing the test could result in extra penalties.
A DUI conviction could result in loss of driving privileges, jail time and reduced custody rights. To prevent a conviction, the defense attorney of an individual accused of DUI may be able to find errors and discrepancies in a case. Our attorney can examine the case and work to get the charges dismissed or reduced.
Let Our DUI Defense Lawyer Fight For You
You have options beyond a simple “guilty” plea to a DUI. Let Turner Law guide you through the judicial process. We offer 24-hour availability so you never have to wait for an answer to a critical legal question. Call our DUI defense attorney in San Diego at 619-436-4502 or use our online contact form to set up an appointment. We proudly offer a military discount to current military members and veterans.