CHULA VISTA DUI LAWYER

Chula Vista DUI Lawyer

Driving under the influence (DUI) is a crime that carries serious consequences, especially if the DUI is a repeat offense or causes another person to suffer serious bodily injury or death, which can result in felony charges. Chula Vista is the second largest city in the San Diego area and DUI arrests happen every day, often to people who never thought they would find themselves in that kind of situation. The truth is that a DUI can happen to anyone at any time and if you find yourself under arrest for a Chula Vista DUI or another DUI-related offense, it is critical that you get in touch with an attorney who specializes in defending drunk driving cases in California and in Chula Vista specifically. Our team of criminal defense attorneys at Sevens Legal, APC have experience handling all types of Chula Vista DUI cases, and fighting for our clients’ rights is what we do best. Contact our firm today to schedule a free initial case evaluation and find out how you can beat your drunk driving charges.

Reputable Chula Vista DUI Lawyer

A Chula Vista DUI can be a life-changing event, and in some cases, just being accused of driving while intoxicated can have an adverse effect on your life, before you are even found guilty of any wrongdoing. There is a social stigma attached to DUI allegations that can tarnish your reputation and damage your personal and professional relationships, and if you are found guilty of the crime at trial, you could face other consequences that continue long after you have served your sentence. For instance, in addition to the jail time, driver’s license suspension and costly fines you will face upon conviction for a Chula Vista DUI, you could lose your job and your professional licensing, and the DUI may also make it difficult for you to get a job in the future.

When it comes to fighting DUI charges in Chula Vista, nothing should stand in the way of you aggressively defending your rights and protecting your future and the well-being of your family, and with the skill, knowledge and tenacity of our legal team, nothing will. Our DUI defense attorneys at Sevens Legal have more than four decades of combined experience handling DUI cases in California, and we work hard to help our clients fight their DUI charges and avoid the adverse consequences of a DUI conviction. Whatever the circumstances of your DUI arrest or criminal charge, you need a Chula Vista DUI lawyer who can win your case, reduce your charges or minimize your criminal penalties. As your legal representation, our DUI defense lawyers will act as your advocate in the courtroom and devise a strong defense for your case that is tailored to your specific situation. We have a proven history of success at trial and we can get you the second chance you deserve.

Chula Vista DUI

If you are pulled over for speeding or reckless driving, or if you are stopped at a DUI checkpoint in Chula Vista, and the law enforcement officer who stops you suspects you of driving under the influence, you could be at risk for a DUI arrest. Following a checkpoint or traffic stop, the next step leading to a DUI arrest is a DUI investigation, during which the officer will ask you questions, observe you for any obvious signs of intoxication and look for any visible alcohol containers or paraphernalia in your vehicle. DUI investigations in Chula Vista also typically include one or more field sobriety tests and/or a “Preliminary Alcohol Screening” (PAS) test administered with a handheld breathalyzer. If you take the breathalyzer test and your blood alcohol concentration (BAC) is above the legal limit, the test result may constitute probable cause for a DUI arrest. You do have the right to refuse the pre-arrest breathalyzer and field sobriety tests without penalty, unless you are on probation for DUI or under the age of 21, in which case you are legally required to comply. This is because the state of California has a zero tolerance law for underage DUI, and under the law, it is illegal for a driver under the age of 21 to drink any amount of alcohol and drive, even one beer. A breathalyzer test is the most common test the police use to identify drunk drivers, but you are only obligated to submit to a DUI breath test in Chula Vista if you have been lawfully arrested for drunk driving.

DUI – California Vehicle Code § 23152 VC

The California law that governs DUI offenses in Chula Vista is Vehicle Code § 23152 VC, and this legal statute has two main parts. VC § 23152 (a) is the part of the law that makes it a crime “for a person who is under the influence of any alcoholic beverage to drive a vehicle.” According to this law, being “under the influence” means your physical and mental abilities have been substantially affected by alcohol, to the point where you are no longer able to safely operate a motor vehicle.  VC § 23152 (b) is the part of the law that makes it a crime “for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” Under VC § 23152, it is also a crime to operate a motor vehicle under the influence of any drug (VC § 23152 (f)), under the combined influence of any alcoholic beverage and drug (VC § 23152 (g)), or while addicted to the use of any drug (VC § 23152 (c)). There are many different components to California DUI law, and if you have been charged with driving while intoxicated in Chula Vista, you need an attorney in your corner who can help guide you through the process of successfully defending yourself against the DUI charges.

Penalties for a Chula Vista DUI

DUI laws prohibiting motorists from getting behind the wheel of a car while under the influence of alcohol or drugs have been established in every state across the country, but California has taken a particularly strong stand against DUI offenses and the punishment for DUI crimes in Chula Vista can be extremely harsh. The actual penalties for a DUI conviction in Chula Vista vary depending on the factors involved in the DUI case, most notably whether anyone was injured or killed, and whether the defendant has a criminal record. Since the law changed in 2007, a DUI now stays on your driving record with the DMV for ten years, instead of seven years, which means any DUI conviction that occurred within the previous ten years counts as a prior for the purposes of determining the appropriate criminal charge and punishment for a new DUI. Because DUIs in Chula Vista are “priorable” offenses, the penalties associated with drunk driving charges are elevated for each additional DUI occurring during a ten-year period, even if the offenses are all charged as misdemeanors.

First-Time DUI Offenses

Under California law, first offense DUIs are misdemeanors and the penalty for a first misdemeanor DUI may include:

• Serving a county jail sentence of up to six months,
• Misdemeanor probation,
• Paying up to $1,000 in fines, plus other costs and fees,
• Having your driver’s license suspended for six months,
• Getting an ignition interlock device (IID) installed in your vehicle, and/or
• Participating in DUI classes for three to nine months.

Second-Time DUI Offenses

Second offense DUIs in Chula Vista are also misdemeanor crimes and the penalty for a second misdemeanor DUI may include:

• Serving a county jail sentence of up to one year,
• Misdemeanor probation,
• Paying up to $1,000 in fines, plus other costs and fees,
• Having your driver’s license suspended for two years,
• Getting an IID installed in your vehicle, and/or
• Participating in DUI classes for 18 to 30 months.

Third-Time DUI Offenses

Most third offense DUIs in Chula Vista are misdemeanors crimes and the penalty for a third misdemeanor DUI may include:

• Serving a county jail sentence of up to one year,
• Misdemeanor probation,
• Paying up to $1,000 in fines, plus other costs and fees,
• Having your driver’s license suspended for three years,
• Getting an IID installed in your vehicle, and/or
• Participating in DUI school for 30 months.

Fourth & Subsequent DUI Offenses

Fourth and subsequent DUIs in Chula Vista are especially serious because they can be charged as felonies, rather than misdemeanors, and are punishable by the following penalties:

• Serving a state prison sentence of 16 months, two, three or four years,
• Felony probation,
• Paying up to $1,000 in fines, plus other costs and fees,
• Having your driver’s license suspended for four years,
• Getting an IID installed in your vehicle, and/or
• Participating in DUI classes for 30 months, and/or
• Registering as a Habitual Traffic Offender.

What to do After a Chula Vista DUI Arrest

Don’t Answer Any Questions

After the police arrested you and before they questioned you about your DUI, they should have read you the Miranda warning, which is derived from the self-incrimination clause of the Fifth Amendment and notifies you of your right to remain silent. Too often, individuals arrested for DUI think they can explain their situation and talk themselves out of facing criminal charges, only to make an incriminating statement that ends up hurting their case. Your best chance of beating your DUI charges is to tell the police that you would like to speak to an attorney before answering any of their questions. You have the right to legal counsel, and refusing to answer any questions the police ask you without an attorney present is not an admission of guilt.

Contact an Experienced DUI Defense Lawyer

If you are facing charges for DUI in Chula Vista, you have the right to represent your own defense in criminal court. However, unless you are intimately familiar with Chula Vista DUI laws, the criminal justice system and the most effective defenses for drunk driving cases, you would only be doing yourself a disservice by attempting to handle your DUI case on your own. After being arrested for DUI in Chula Vista, you have only ten days to hire an attorney, contact the Department of Motor Vehicles (DMV) and schedule your DUI hearing to contest the suspension of your driver’s license, or else forfeit your right to a hearing. The sooner you hire our DUI defense attorneys, the sooner we can get to work protecting you from the adverse consequences of a DUI.

Chula Vista DUI Defense

California law enforcement officers and prosecutors take DUI crimes extremely seriously, but a DUI arrest doesn’t have to be the end of the world. Any time you are facing Chula Vista DUI charges, you have the legal principle known as the presumption of innocence on your side. In the state of California, the law says that you are presumed to be innocent of the crime unless you can be proven guilty, and the standard of proof in a Chula Vista DUI case is “beyond a reasonable doubt.” That means the prosecution must prove the so-called “elements” of the alleged crime to such a degree that the only logical explanation for the evidence presented at trial is that you committed DUI. This burden is the highest standard of proof in the United States and a good DUI defense attorney will know how to challenge the evidence against you and work to prevent the prosecution from meeting its requisite burden of proof. In order to prove that you are guilty of the alleged DUI, the prosecution must establish the following elements:

• You drove a motor vehicle, and
• At the time you drove, you were under the influence of alcohol or drugs, or you had a BAC of 0.08% or higher.

Best Defense Strategies for a Chula Vista DUI

A DUI may seem at first glance like a pretty cut and dry case, especially if the driver’s BAC tests above the legal limit. However, police officers sometimes make mistakes, unlawful DUI arrests are made, and DUI breath or blood tests can give inaccurate readings. There are several different DUI defenses that can potentially help you get your Chula Vista DUI charges reduced or possibly even dropped, including the following:

• Illegal DUI checkpoint
• Unlawful arrest
• Violation of your Miranda rights
• Violation of Title 17
• Faulty chemical test
• Police misconduct
• “No driving” defense
• Lack of probable cause
• Forced blood draw

How Our Chula Vista DUI Lawyers Can Help

It is common for drivers arrested for DUI in Chula Vista to feel overwhelmed and intimidated simply because they don’t fully understand the charges against them or their rights under the law. Many people assume that getting a DUI is no big deal since they seem to happen all the time, but DUIs can be extremely costly, and the personal and professional ramifications of a DUI conviction can adversely affect your life for years to come. At Sevens Legal, we believe it is important to be proactive in defending our DUI clients, and when you enlist the help of our firm, we will immediately get to work investigating the circumstances of your DUI arrest, interviewing witnesses and filing any necessary pretrial motions, so we can devise the strongest possible defense in your case. DUI is a highly specialized and technical area of the law, and with our knowledgeable legal team working on your defense, you can improve your chances of getting your DUI charges reduced to a wet reckless offense, or possibly even getting the criminal charges dismissed altogether. Whether you are facing a simple misdemeanor DUI or felony DUI, your first step in defending yourself against the criminal charges should be to retain an experienced, competent DUI lawyer to represent you.

Contacting a Chula Vista DUI Attorney Near Me

A DUI can happen to anyone in any city, including Chula Vista, San Diego, or the surrounding areas, and without knowledgeable legal representation, you could end up being convicted and serving time in jail. DUI is a life-changing criminal offense requiring immediate intervention by a tenacious and knowledgeable DUI attorney, one who has an in-depth understanding of Chula Vista DUI laws and the lasting consequences a DUI conviction can have on your life. If you have been arrested for a Chula Vista DUI, you need to get in touch with a reputable DUI defense lawyer who can confidently navigate the complexities of DUI law and advise you of the potential consequences of your specific situation. Our accomplished DUI lawyers at Sevens Legal have been aggressively protecting the rights of DUI clients in Chula Vista and the surrounding areas for a combined 40 years, and we will provide you with a skilled and compassionate legal advocate you can trust with your life.