EL CAJON DUI LAWYER

El Cajon DUI Lawyer

Drunk driving is a fairly common criminal offense in El Cajon and throughout San Diego County and Southern California, yet few people realize how severe and life-changing the penalties of driving under the influence (DUI) conviction can be. Even for a first offense, a DUI conviction could result in a six-month jail sentence, hefty fines and a driver’s license suspension, among other serious penalties, and the punishment only gets more severe with each additional DUI conviction that takes place within the ten years that a DUI remains on your driving record. If you have been arrested for drunk driving in El Cajon or the surrounding areas, don’t wait to retain legal counsel and begin building a successful case in your defense. Contact our El Cajon DUI lawyers at Sevens Legal, APC today.

Aggressive El Cajon DUI Lawyer

The strict criminal penalties that typically stem from misdemeanor or felony DUI charges in El Cajon are severe enough on their own, but the long-term impact of a DUI conviction can have other far-reaching consequences, possibly affecting your personal and professional well-being. If you are convicted of an El Cajon DUI, you risk losing your job and/or your professional licensing, and under California law, you would also be required to disclose the conviction to potential employers in the future. Even before you are convicted or found guilty of any wrongdoing, a DUI arrest could ruin your reputation and your standing in the community and could even destroy your relationships with your friends and family members.

It is never a good idea to drive under the influence of drugs or alcohol, but our attorneys at Sevens Legal understand that people sometimes make mistakes, and we don’t believe you should have to put your freedom and your future on the line because of a simple mistake. The ramifications of a DUI conviction in El Cajon can be harsh and long-lasting, and it is the foremost goal of our El Cajon DUI defense attorneys to help you minimize those penalties and consequences, so you can go on living your life without the stigma of a DUI on your record. Our defense lawyers are capable, competent and trial-tested, and we understand the intricacies of DUI laws in El Cajon and how to present the most effective defense in your case.

El Cajon DUI

Most El Cajon DUI arrests occur because of a traffic stop, an accident or a DUI checkpoint, which is a tool law enforcement officers use to stop vehicles and systematically check drivers for signs of intoxication or impairment. Anyone can be arrested for DUI in El Cajon, and even if you were pulled over for some reason other than DUI, the officer who stops you can make a DUI arrest if he or she has reasonable cause to believe you are intoxicated. Before making an arrest, the officer may ask you to complete field sobriety tests or take a roadside breath test, which it is your right to refuse without penalty (unless you are under the age of 21 or on probation for DUI). If you take the breathalyzer test and your BAC is 0.08% or higher, you can be arrested for drunk driving. If you refuse the breathalyzer test, but the officer still has reasonable cause to believe you are intoxicated, you can still be arrested for DUI, brought to the police station and ordered to submit to a DUI test.

CA Vehicle Code § 23152 – DUI

If you are arrested for an El Cajon DUI, you will most likely be charged with two separate offenses. The first offense is driving under the influence of alcohol, which is charged under Vehicle Code § 23152 (a) VC, and the second is driving with a BAC (blood alcohol concentration) of 0.08% or higher, which is charged under Vehicle Code § 23152 (b) VC. This may seem like the same crime simply described in two different ways, but VC 23152 (a) and VC 23152 (b) are really two separate criminal offenses that can arise from the same unlawful act, and they are therefore charged separately in El Cajon DUI cases.

Penalties for an El Cajon DUI

California prosecutors and law enforcement officers do not look kindly on DUI offenses, nor do they let DUI offenders off easy. In fact, California’s DUI laws and penalties are among the toughest in the country, even for first-time DUIs, and because drunk driving in El Cajon is a “priorable” offense, the punishment for DUI gets more and more severe with each subsequent conviction occurring within a ten-year period.

First-Time DUI Offenses

If you don’t have any prior DUI convictions on your record and you are arrested for drunk driving in El Cajon, you could be charged with a first-time DUI offense. Under California law, most first offense DUIs are misdemeanors and these crimes carry the following potential punishment:

• A county jail sentence of up to six months,
• Fines of up to $1,000, plus additional fees and costs,
• Misdemeanor probation,
• Three to nine months of alcohol education classes,
• Driver’s license suspension for six months, and/or
• Installation of an ignition interlock device (IID).

Second-Time DUI Offenses

If you have one DUI prior and you are arrested for a subsequent El Cajon DUI occurring within ten years, you can be charged with a second DUI offense. Second offense DUIs are also typically prosecuted as misdemeanor crimes and these crimes carry the following potential punishment:

• A county jail sentence of up to one year,
• Fines of up to $1,000, plus additional fees and costs,
• Misdemeanor probation,
• 18 to 30 months of alcohol education classes,
• Driver’s license suspension for two years, and/or
• IID installation.

Third-Time DUI Offenses

If there are two DUI convictions on your criminal record, and you are arrested for a new DUI occurring within ten years of the two previous offenses, you could be charged with a third-time DUI offense. In California, most third DUIs are misdemeanors and these crimes carry the following potential punishment:

• A county jail sentence of up to one year,
• Fines of up to $1,000, plus additional fees and costs,
• Misdemeanor probation,
• 30 months of alcohol education classes,
• A three-year driver’s license suspension,
• Installation of an IID, and/or
• Habitual Traffic Offender registration.

Fourth & Subsequent DUI Offenses

If you are facing your fourth or subsequent drunk driving offense in El Cajon, you need to take every precaution possible to avoid a conviction. That is because, under California law, fourth and subsequent DUIs can be prosecuted as felony offenses, and the criminal penalties for these crimes can include a state prison sentence. As a felony, a DUI in El Cajon carries the following potential punishment:

• A state prison sentence of 16 months, two, three or four years,
• Fines of up to $1,000, plus additional fees and costs,
• Felony probation,
• 30 months of alcohol education classes,
• Driver’s license suspension for four years,
• IID installation, and/or
• Registration as a Habitual Traffic Offender.

El Cajon DUI Arrests

Exercise Your Right to Remain Silent

After you are arrested for drunk driving, it is normal to feel like you should explain yourself to the police or try to talk your way out of facing DUI charges. However, the best thing you can do following an El Cajon DUI arrest is exercise your right to remain silent. You probably know by now that anything you say to the police can and will be used against you if you go to court, so by refusing to answer any questions without an attorney present, you are only protecting yourself from self-incrimination, which is your legal right under the Fifth Amendment to the U.S. Constitution.

Consult a Knowledgeable DUI Lawyer

If you are facing criminal charges for an El Cajon DUI, you have the right to represent yourself in criminal court if you so choose. However, DUI is an extremely specialized area of the law and unless you have extensive experience navigating the complexities of the California criminal justice system, you could end up sabotaging your case if you attempt to handle your defense on your own. Simply by hiring a seasoned El Cajon DUI lawyer to represent you, you can significantly improve your chances of getting a more favorable outcome in your case.

El Cajon DUI Defense

DUI crimes in El Cajon are taken extremely seriously, but an important thing to remember is that if you are facing criminal charges for DUI or another DUI-related offense, you are always presumed innocent under the law unless proven guilty. Like in any other criminal case, the prosecution in an El Cajon drunk driving case bears the responsibility of proving the various elements of the DUI crime beyond a reasonable doubt. The term “beyond a reasonable doubt” essentially means there can be no other reasonable explanation for the evidence presented during the trial except that you are guilty of the crime. In order to get a guilty verdict for an El Cajon DUI, the prosecutor assigned to your case must establish the following so-called “elements” of the crime:

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

Defense Strategies for an El Cajon DUI

No matter how irrefutable the evidence against you may seem, your DUI case is not a lost cause, and whatever DUI charges you are facing, you and your attorney should fight them as aggressively as possible. Experienced DUI defense lawyers routinely defeat drunk driving charges, and if your attorney can raise any doubt in the minds of the jurors about the evidence against you, and thereby prevent the prosecution from meeting its requisite burden of proof, you could be acquitted at trial. The following are some viable DUI defense strategies your attorney can present in court to obtain a more positive outcome in your El Cajon DUI case:

• Miranda violation
• Unlawful arrest
• Illegal DUI checkpoint
• Forced blood draw
• Lack of probable cause
• Police misconduct
• False positive alcohol test results

How Our El Cajon DUI Defense Lawyers Can Help

If you have been accused of drunk driving in El Cajon, you probably feel like life as you know it is over, but keep in mind that a DUI arrest in El Cajon is not the same thing as a criminal conviction. At Sevens Legal, our trial-tested DUI lawyers specialize in first, second, third and fourth DUI defense, and with our skill and expertise, we may be able to get your El Cajon drunk driving charges dismissed or at the very least reduced to a less serious offense carrying fewer penalties. Our primary goal is to secure a fair resolution to your DUI case as quickly and efficiently as possible, and if your DUI case goes to jury trial, we will use every resource at our disposal to mount a solid defense and help you fight the DUI charges. Beating DUI charges and getting acquitted at trial may seem like a daunting task, but with a capable DUI lawyer representing your side and a reasonable defense strategy on the table, your chances of clearing your name and protecting your freedoms are significantly improved.

At Sevens Legal, we have experience defending all types of DUI cases in El Cajon, San Diego, and the surrounding areas, and whatever the circumstances of your DUI case, we can help you minimize the adverse consequences of an El Cajon DUI arrest or conviction. Even if you have not yet been charged with DUI, you should still hire an experienced DUI attorney to ensure that your rights are protected throughout the legal process. Without the benefit of reliable legal advice from an El Cajon DUI defense lawyer, you could end up saying or doing something during questioning that gives the police the leverage they need to arrest you or file criminal charges. At Sevens Legal, we pride ourselves on providing affordable and reputable legal representation to clients facing all manner of DUI charges, from misdemeanors to felonies, and we will take every possible action to help you avoid a drunk driving conviction or to reduce the negative consequences of an El Cajon DUI arrest.

Contacting an El Cajon DUI Attorney Near Me

Whatever El Cajon DUI charges you are facing – simple misdemeanor, felony DUI or DUI with injury – enlisting the help of a skilled, resourceful DUI defense lawyer who is familiar with California DUI laws, the unique facts of your drunk driving case and your criminal history is the key to securing a favorable resolution. If you or someone you love is facing DUI charges in El Cajon or a nearby area, we encourage you to contact our practiced DUI lawyers at Sevens Legal immediately. Our legal team brings more than 40 years of criminal defense experience to the table and we can improve the chances of getting a positive result in your El Cajon drunk driving case.