Do You Need a Carlsbad DUI Lawyer? We Can Help
Drunk driving is one of the most common crimes in the Carlsbad and San Diego area, but that does not mean the consequences associated with a DUI charge are any less serious. Not only is driving under the influence (DUI) one of the most financially costly misdemeanor crimes you can be charged with in California, there are plenty of other ways in which a DUI can cost you dearly. For instance, even as a first-time offense, a DUI conviction carries a potential jail sentence of up to six months and/or three to five years of misdemeanor probation, plus a suspension of your driving privileges. In fact, if you are arrested for drunk driving in Carlsbad, your driving privileges will be suspended immediately, even before you go to court for the crime. If you or someone you know is facing charges for DUI in Carlsbad or anywhere else in San Diego County or Southern California, the very first step you take should be to hire an experienced Carlsbad DUI lawyer to represent your case. The adverse consequences of a Carlsbad DUI conviction can follow you for the rest of your life, and only with a knowledgeable defense attorney on your side can you ensure that your rights are properly protected.
Affordable Carlsbad DUI Attorney
Carlsbad DUI
CA Vehicle Code § 23152 VC – DUI
Most people think of DUI as a single crime, but the unlawful act of DUI can actually result in two separate charges under CA Vehicle Code § 23152 VC. Driving under the influence of alcohol is a criminal offense pursuant to Vehicle Code § 23152 (a) VC and driving with a BAC of 0.08% or higher is a criminal offense pursuant to Vehicle Code § 23152 (b) VC. If you are arrested for DUI in Carlsbad, you may see both Vehicle Code violations on your DUI ticket.
Punishment for a DUI in Carlsbad
First-Time DUI Offense (Misdemeanor)
- A maximum of $1,000 in fines, plus additional fees and costs,
- Driver’s license suspension for six months,
- Up to six months in county jail,
- Misdemeanor probation,
- Three to nine months of DUI school, and/or
- Installation of an ignition interlock device (IID).
Second-Time DUI Offense (Misdemeanor)
- A maximum of $1,000 in fines, plus additional fees and costs,
- Driver’s license suspension for two years,
- Up to one year in county jail,
- Misdemeanor probation,
- 18 to 30 months of DUI school, and/or
- IID installation.
Third-Time DUI Offense (Misdemeanor)
- A maximum of $1,000 in fines, plus additional fees and costs,
- Driver’s license suspension for three years,
- Up to one year in county jail,
- Misdemeanor probation,
- 30 months of DUI school, and/or
- IID installation.
Fourth & Subsequent DUI Offense (Felony)
- A maximum of $1,000 in fines, plus additional fees and costs,
- Driver’s license suspension for four years,
- A state prison sentence of 16 months, two, three or four years,
- Felony probation,
- 30 months of DUI school,
- IID installation, and/or
- Habitual Traffic Offender status.
What You Should do After a Carlsbad DUI Arrest
Don’t Talk to the Police
After being arrested for DUI, it is normal to feel like you want to explain your situation to the police or try to talk your way out of facing criminal charges, especially if you think your DUI arrest was a mistake. And the police are hoping you will incriminate yourself or make an admission of guilt, so they are willing to let you talk as much as you want to. They may even tell you that they are on your side and only want to help, but in reality, their main objective is to gather evidence against you that can be used in court. The best way to protect yourself following a DUI arrest in Carlsbad is to exercise your constitutional right to remain silent and wait to consult with an attorney.
Contact a Carlsbad DUI Defense Lawyer
Just because you have been arrested for a criminal offense does not mean you give up your rights. Under the Sixth Amendment to the Constitution, if you are facing charges in criminal court, you have the right to an attorney, and that is a right you should always take advantage of, and quickly. From the date you are arrested for DUI, you only have ten days to contact the California Department of Motor Vehicles (DMV) to schedule a DUI hearing to contest the suspension of your driving privileges, so do not wait to hire legal counsel. California DUI laws are extremely complicated and they are always changing, and without a skilled, trial-tested DUI lawyer on your side, you are less likely to get a satisfactory outcome in your case.
Carlsbad DUI Defense
- You drove a motor vehicle, and
- At the time you drove, you were under the influence, or had a BAC of 0.08% or higher.
Defenses for a Carlsbad DUI
DUI is a serious criminal offense, and most people facing DUI charges in Carlsbad assume that the evidence against them is irrefutable, especially if the arresting officer actually observed them driving, pulled them over and administered a breath test that measured above the legal limit. However, DUI cases are inherently complicated and there are plenty of opportunities for mistakes to be made, evidence to be mishandled or rights to be violated. If your defense attorney can capitalize on these mistakes and poke holes in the prosecution’s case, you can increase your chances of beating your DUI charges. The following are some common defense strategies your Carlsbad DUI lawyer may be able to use to build a winning defense:
- No probable cause
- Unlawful arrest
- Illegal DUI checkpoint
- No driving
- Police misconduct
- Inaccurate alcohol test results
- Forced blood draw
- Miranda violation
- Title 17 violation
How Our Carlsbad DUI Lawyers Can Help
Contacting a Carlsbad DUI Attorney Near Me
Our Clients Say
“Samantha Green was great handling my case. She got me from a misdemeanor to a fraction. Im happy with that. She also kept me updated on my case and i never had to call her for an update. I would definitely use her again and recommend her to people.” – Amanda K.
At Sevens Legal, APC we pride ourselves on our commitment to prompt responses to our potential clients and clients. Your case is very important to us and we will respond to you as soon as possible.
April 2023
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