LA JOLLA DUI LAWYER

La Jolla DUI Lawyer

DUI (driving under the influence) crimes are taken extremely seriously in the state of California, and if you are convicted on charges of drunk driving or DUI drugs in La Jolla, you could face a county jail or state prison sentence and significant fines, court costs and other fees. You could even lose your driver’s license and incur other life-changing criminal penalties. However, with the right legal representation, DUIs in La Jolla can be beat, so if you have been charged with the crime of DUI in La Jolla or anywhere else in San Diego or Southern California, you need a qualified DUI lawyer on your team who can effectively fight for your rights, dispute the prosecution’s evidence and help you avoid the ramifications of a La Jolla DUI conviction. Consult our reputable legal team at Sevens Legal, APC as soon as you can to discuss your DUI charges with our knowledgeable and aggressive La Jolla DUI lawyers.

Affordable La Jolla DUI Lawyer

If you or someone you know is facing the charge of DUI in La Jolla, you may be concerned about how a drunk driving conviction could affect your freedom, your future and your family. Truth be told, DUI is a criminal offense that is punished harshly under California law, and the consequences of a DUI conviction can affect virtually every aspect of your life. In addition to paying hefty fines, losing your driving privileges and possibly spending time in jail, a DUI conviction could cost you your job and your personal and professional reputation, and with a DUI on your criminal record, you could find it difficult to obtain employment in the future. Our trial-tested DUI lawyers at Sevens Legal handle all manner of DUI cases in La Jolla, including misdemeanor and felony DUIs, DUI drugs, DUI with injury and other DUI-related offenses, and we will take every measure to improve the outcome of your drunk driving case.

La Jolla DUI

It is against the law in every state to drive while you are under the influence of alcohol or drugs, or a combination of the two, but California has some of the toughest DUI laws in the country and a DUI conviction in La Jolla can have devastating consequences for both your personal and professional life. Considering the long-lasting, far-reaching ramifications of a La Jolla DUI conviction, it is of the utmost importance that you understand the scope of California DUI law and your legal rights during a DUI stop and subsequent arrest, so you can lessen the negative consequences of a DUI.

Most DUI arrests in La Jolla are the result of an accident, a traffic stop or a DUI checkpoint, also known as a sobriety checkpoint. DUI checkpoints are common in San Diego and the police frequently use them to catch drunk drivers, by funneling traffic through the checkpoint and evaluating motorists for any signs of impairment, such as slurred speech, slow verbal responses to questions, or watery, bloodshot eyes. During the investigation, the officer may also administer a roadside breathalyzer test to measure your blood alcohol concentration (BAC) or execute one or more field sobriety tests to evaluate your coordination and balance. If you fail the breathalyzer or field sobriety tests, the officer can arrest you for DUI and take you into police custody. You do have the right to refuse the tests without being penalized, so long as you are at least 21 years of age and not on probation for a DUI offense, but that won’t necessarily keep you from being arrested.

Under the Fourth Amendment to the U.S. Constitution, which protects you from unreasonable searches and seizures, in order for the police to lawfully pull you over and conduct a so-called DUI investigation in La Jolla, they are required to have reasonable suspicion that a crime is or was taking place. However, this justification is not required for sobriety checkpoints, which means the police can stop you at a lawful DUI checkpoint even if they have no reason to believe you are breaking the law, and, if after conducting a DUI investigation, there is probable cause for a DUI arrest, the police can arrest you for driving under the influence. If you refuse the breathalyzer or field sobriety tests and the officer still has probable cause to arrest you, California’s implied consent law requires that you take a DUI breath or blood test at the police station.

California Vehicle Code § 23152 VC – DUI

If you are caught driving while under the influence in La Jolla, you could be charged with a violation of California Vehicle Code § 23152 VC, the state law governing drunk driving and DUI drugs offenses. The two main components of Vehicle Code § 23152 VC are VC § 23152 (a), the law that makes it a criminal offense to drive under the influence of alcohol, and VC § 23152 (b), the law that makes it is a criminal offense to drive with a BAC of 0.08% or higher. This may seem like two different ways to talk about the same crime, but in reality, VC § 23152 (a) and VC § 23152 (b) are two separate criminal offenses emerging from the same act, and if you find yourself being arrested for drunk driving in La Jolla, you will most likely be charged with both Vehicle Code violations.

Penalties for a La Jolla DUI

If you are tried and found guilty of driving under the influence in La Jolla, the conviction will stay on your driving record with the DMV for the next ten years and unfortunately, there is no way to remove a DUI from your driving record. Furthermore, because DUI is not just a traffic violation in La Jolla, but a criminal offense, the DUI will also be recorded on your criminal record and will stay there for the rest of your life. In some cases, you may be able to get the conviction expunged, which is a legal process that can help release you from some of the negative consequences of a DUI, but you have to qualify for DUI expungement.

Another important fact about La Jolla DUIs is that they are “priorable” offenses, which means the penalties for a conviction get more and more severe with each additional DUI that takes place within the ten-year period a DUI remains on your driving record. For instance, if you are convicted of a first-time DUI, and then eight years later you get another DUI, the new offense will be considered a second-time DUI, carrying increased penalties. On the other hand, if the subsequent DUI takes place 11 years after the first conviction, the new offense will be considered a first-time DUI for the purposes of calculating the appropriate punishment. The criminal penalties for a first, second, third, fourth or subsequent La Jolla DUI are as follows:

First-Time DUI Offenses (Misdemeanor)

• A six-month suspension of your driving privileges,
• A maximum fine of $1,000, plus other fees and costs,
• A six-month sentence in county jail,
• Misdemeanor probation,
• Installation of an ignition interlock device (IID), and/or
• Three to nine months of DUI classes.

Second-Time DUI Offenses (Misdemeanor)

• A two-year suspension of your driving privileges,
• A maximum fine of $1,000, plus other fees and costs,
• A one-year sentence in county jail,
• Misdemeanor probation,
• IID installation, and/or
• 18 to 30 months of DUI classes.

Third-Time DUI Offenses (Misdemeanor)

• A three-year suspension of your driving privileges,
• A maximum fine of $1,000, plus other fees and costs,
• A one-year sentence in county jail,
• Misdemeanor probation,
• IID installation, and/or
• 30 months of DUI classes.

Fourth & Subsequent DUI Offenses (Felony)

• A four-year suspension of your driving privileges,
• A maximum fine of $1,000, plus other fees and costs,
• A 16 month, two-, three- or four-year sentence in state prison,
• Felony probation,
• IID installation,
• 30 months of DUI classes, and/or
• Habitual Traffic Offender status.

What Happens After a La Jolla DUI Arrest?

Don’t Answer Any Questions

Following a DUI arrest in La Jolla, the police may try to get you to answer questions about the DUI and you may be inclined to explain your situation, maybe even admit that you made a mistake and try to get out of being charged with a crime. It is important to know that anything you say to the police during questioning can be used against you in your criminal case, and no matter what the police tell you, they are not on your side. The best step you can take to protect yourself following a La Jolla DUI arrest is to remain silent, avoid answering any questions, and wait to speak to an attorney, so you don’t end up saying something that could hurt you later.

Consult a Qualified DUI Defense Lawyer

DUI cases in La Jolla are heard in the criminal court system, and any time you are faced with a criminal charge, it is your constitutional right to represent yourself in court. However, we can’t stress enough the fact that California DUI law is extremely complicated and constantly changing, and unless you have extensive trial experience and first-hand knowledge of the criminal justice system, you will only do yourself a disservice by representing yourself in court. The best way to protect yourself against life-changing DUI charges is to hire a skilled La Jolla DUI lawyer who is familiar with the complexities of DUI law and can help guide you through the criminal court process. At Sevens Legal, our La Jolla DUI lawyers have a proven history of success defending clients against DUI and wet reckless charges, and we will ensure that you understand every legal option available to you, as well as your rights under the law.

La Jolla DUI Defense

A La Jolla DUI arrest is a serious occurrence and being arrested and charged with DUI may seem like the end of your life, but the one thing we always tell our clients to remember is that a DUI charge is only an accusation, it is not an automatic criminal conviction. In other words, just because you are being accused of committing the crime of DUI does not necessarily mean you will be found guilty and made to suffer the punishment. No matter how serious the allegations against you may be, the evidence in a DUI case is rarely insurmountable, and just like any other defendant in a criminal case, California law presumes that you are innocent of the crime unless the prosecution can prove your guilt beyond a reasonable doubt. For a La Jolla misdemeanor DUI, the prosecution can only get a conviction if they can establish the following elements beyond a reasonable doubt:

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

La Jolla DUI Defenses

Proving the elements of a La Jolla DUI offense may seem like an easy task, and if the arresting officer observed you speeding or driving erratically, pulled you over and personally administered a breath test that measured above the legal limit, it may be. However, all La Jolla DUI cases are different, and based on the facts of your individual case, your attorney may be able to present certain evidence at trial to dispute the version of events put forth by the prosecution and beat the charges. The following are some effective defense strategies commonly used in La Jolla DUI cases:

• Miranda violation
• No driving
• Unlawful arrest
• Illegal DUI checkpoint
• Police misconduct
• False positive DUI test
• Forced blood draw
• Violation of Title 17
• No probable cause

How Our La Jolla DUI Lawyers Can Help

When it comes to protecting your rights and safeguarding your future and the well-being of your family, there is no replacement for skill and years of experience, and that is what we provide our clients at Sevens Legal. Our La Jolla defense attorneys have more than four decades of combined experience in the courtroom, representing clients in La Jolla DUI and criminal defense cases, and we know how overwhelming and stressful a DUI conviction would be for you and your loved ones. While some law firms take a reactive approach to DUI defense, we believe in being proactive in protecting our clients’ rights and defending them against devastating DUI charges. When you hire our La Jolla law firm, we will carefully investigate every aspect of your DUI case, most importantly the details of your initial stop, the DUI arrest and the DUI blood, breath or urine test, to look for holes in the prosecution’s evidence that we can capitalize on. We will advise you of every legal option you have based on your case details and work diligently to keep you from losing your driver’s license. We also offer prospective clients a free consultation, which allows you to discuss your DUI case with our experienced defense attorneys with no obligation to use our law firm.

Hiring a La Jolla DUI Defense Attorney

Most people who haven’t encountered a DUI in the past don’t realize that when you are arrested for a La Jolla DUI, you only have ten days to arrange a hearing with the California Department of Motor Vehicles (DMV) to contest the suspension of your driver’s license. That means you need to act very quickly to find a DUI defense attorney who can represent you in your criminal case and who can also schedule and appear on your behalf at the DMV hearing. With a certified criminal law specialist and a former prosecutor on our team at Sevens Legal, our DUI lawyers are able to devise creative defense strategies to help you get a not guilty verdict in your case. Contact our firm today for a free, no-obligation consultation.