First DUI in San Diego
When you are arrested for a DUI in San Diego you will have to deal with two separate processes – Court and DMV.
Regardless of when, or if, criminal charges are filed against you in the San Diego Superior court the DUI criminal case is a separate, unrelated action to that of the Department of Motor Vehicles.
The burden of proof, procedures and laws are different in each case meaning that the results can be different in each case.
It is entirely possible to beat your DUI in court but to also lose your license. Either way, it is important to understand that the penalties for a first offense DUI in San Diego can be very severe.
First DUI in San Diego: Statutory Penalty
Pursuant to California Vehicle Code Section 23536(a) “If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).” However, in San Diego that isn’t the end of the story.
Additionally, except as provided in paragraph (2) of subdivision (a) of Section 23538, the person’s privilege to operate a motor vehicle shall be suspended by the California Department of Motor Vehicles pursuant to paragraph (1) of subdivision (a) of Section 13352. (This suspension is made by the DMV and not the court and you are also subject to potential aggravating factors that could increase your DUI punishment)
First DUI in San Diego: Penalty Enhancements
Even if it is your first DUI in San Diego if you have a high blood alcohol content (BAC), refuse to submit to a chemical test, cause an accident, drive at excessive speed, have children under the age of 14 in the car or be under 21 at the time of your DUI offense you face severe additional punishment.
Sentencing options are available and may include:
Cal-Trans roadside work
Electronic monitoring or house arrest
Residence in a sober-living environment
Also, if you are convicted of first DUI in San Diego it becomes a priorable offense. This means that the punishment will increases with each successive drunk driving conviction that takes place within the next ten-year period. This is just one reason why it is so important to hire a DUI attorney in San Diego to defend your San Diego drunk driving case.
When a defendant is charged with driving under the influence of a drug, a showing of a specific measurable amount of the drug in the defendant’s blood is not required. The showing that must be made is that the defendant was under the influence according to People v. Bui (2001) 86 CA4th 1187, 1194, 103 CR2d 908.
The Statutory Elements of this Offense make it a misdemeanor to drive a vehicle under the following circumstances:
While under the influence of any alcoholic beverage or drug, or under their combined influence. Note that it is not necessary to prove any specific degree of intoxication, but only that the you were under the influence according to McDonald v. Department of Motor Vehicles (2000) 77 CA4th 677, 687, 91 CR2d 826.
This means there is a presumption of intoxication based on your blood alcohol level that we can fight.
There is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving. The percent by weight is based on grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
The blood alcohol levels drops to 0.04 percent or more, by weight, of alcohol if driving a commercial vehicle.
Hiring an experienced DUI attorney to represent you in court and at your DMV hearing is invaluable.
Call and speak directly to a San Diego Lawyer about your First DUI in San Diego today.