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
The consequences associated with a DUI conviction in Carlsbad can be far-reaching and long-lasting, possibly including costly fines, jail time, driver’s license suspension, probation and more, and if there is an accident or injury involved in the alleged DUI, you could find yourself facing more serious criminal charges. That being said, DUI is a criminal charge that a qualified attorney can successfully beat and with our legal team on your side, you may be able to beat your drunk driving charges, too. When you hire our law firm, we will use every resource at our disposal to get you the best possible outcome in your DUI case, whether that means negotiating a satisfactory plea agreement, getting the DUI charges dismissed, or securing a reduction in charges or a lighter sentence. Whether you are facing misdemeanor or felony Carlsbad DUI charges, you need a DUI lawyer who has a clear understanding of California drunk driving laws and experience defending clients against DUI charges in Carlsbad, to ensure that you mount the best possible defense available to you based on your specific circumstances. At Sevens Legal, our knowledgeable legal team is committed to protecting the rights of the criminally accused in the community and we have more than 40 years of combined experience in DUI and criminal defense. Contact our firm today for a free initial evaluation of your Carlsbad DUI case.
Drunk driving or driving under the influence is a crime in every U.S. state, but California has imposed some of the harshest laws in the country for DUI offenses. Most DUI arrests in Carlsbad occur because of a traffic stop or DUI checkpoint, also known as a sobriety checkpoint or roadside safety check, where law enforcement officers set up roadblocks to randomly check drivers for signs of intoxication or impairment. If you are pulled over or stopped by the police and you appear to be intoxicated, the officer may conduct what is known as a DUI investigation, to determine whether you are impaired. During the DUI investigation, the officer may observe you for signs of alcohol or drug use and ask you to take a roadside breath test and/or perform one or more field sobriety tests. So long as you are over the age of 21 and not on probation for DUI offense, you have the right to refuse the tests without penalty, though that will not necessarily prevent you from being arrested. If the law enforcement officer has reasonable cause for a DUI arrest based on other factors, such as physical signs of intoxication, you can still be put under arrest and ordered to submit to a DUI breath or blood test.
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
DUI offenses are prosecuted and punished harshly in California, and if you are found guilty of DUI in Carlsbad, the offense will stay on your driving record for a full ten years and will remain on your criminal record permanently. Additionally, DUIs in Carlsbad are “priorable” offenses, which means if you are convicted of a first-time DUI and then you are arrested for another DUI within ten years, the new DUI will count as a second-time offense carrying more severe penalties. Once you have three prior DUI convictions on your record, a subsequent drunk driving offense that takes place within ten years will most likely be prosecuted as a felony DUI. The following are the potential penalties associated with first, second, third and fourth DUIs in Carlsbad:
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,
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
Facing DUI charges in criminal court can be frightening and overwhelming, and being up against the strength of the state may make it seem like the deck is stacked against you. However, we can’t emphasize enough the fact that a DUI charge is merely an accusation of DUI, not a criminal conviction, and just because you have been accused of driving under the influence does not necessarily mean you will be found guilty of the crime and sentenced to jail. Just like in any criminal court case, the burden of proof in your DUI case lies with the prosecutor and you are presumed innocent under the law unless you can be proven guilty. What that means is, it is the prosecutor’s duty to establish the various elements of the DUI crime “beyond a reasonable doubt,” or to a degree that there can be no other reasonable explanation for the evidence presented during the trial, except that you are guilty. The elements of a simple misdemeanor drunk driving charge in Carlsbad are as follows:
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
Illegal DUI checkpoint
Inaccurate alcohol test results
Forced blood draw
Title 17 violation
How Our Carlsbad DUI Lawyers Can Help
When you hire our Carlsbad DUI firm, we will diligently evaluate every aspect of your DUI case, from the initial stop to the arrest and the DUI chemical test, file any necessary pre-trial motions, gather evidence and interview witnesses in support of your case, and devise a credible and thorough defense strategy that presents you in the best possible light. If the circumstances allow, we will negotiate with the prosecution to get your DUI reduced to a less serious offense or possibly even dismissed altogether. And if your case goes to jury trial, we will be your advocates in court, aggressively protecting your rights and representing your best interests every step of the way. Our DUI defense team at Sevens Legal has a proven record of success in the courtroom and we will fight for your rights and represent your best interests at every stage throughout the duration of your criminal proceeding. We also offer prospective clients a free consultation, which allows you to discuss your DUI case with our skilled Carlsbad DUI lawyers with no obligation to hire our firm.
Contacting a Carlsbad DUI Attorney Near Me
The criminal punishment associated with driving under the influence in Carlsbad can be devastating for you and your family, and if your alleged DUI involved any aggravating factors, such as excessive speed, reckless driving, exceptionally high BAC or injury to a third party, the penalties you face upon conviction could be even more severe. If you have been arrested for or charged with DUI in Carlsbad or the surrounding areas, do not hesitate to hire a knowledgeable DUI lawyer to fight for your rights and represent your best interests in the courtroom. Our team of trial-tested attorneys at Sevens Legal includes a certified criminal law specialist and a former prosecutor, making us uniquely qualified to handle your case. Consult our knowledgeable DUI defense lawyers today to begin crafting a winning defense in your Carlsbad DUI case.
“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.