Do You Need a Misdemeanor DUI Lawyer Oceanside? We Can Help
In California, most driving under the influence (DUI) offenses are charged as misdemeanors. Generally speaking, misdemeanors are less serious crimes than felonies and a misdemeanor DUI conviction carries less severe penalties than a felony conviction. Still, the criminal punishment for a misdemeanor DUI in San Diego is far from inconsequential, and even a first-time DUI can result in significant personal, professional and financial consequences. If you have been charged with misdemeanor DUI in San Diego, do not leave your future in the hands of an inexperienced attorney. Consult our reputable DUI lawyers at Sevens Legal, APC right away to determine the best course of action based on your specific circumstances.
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Misdemeanor DUI in San Diego
Driving Under the Influence
According to VC § 23152 (a), “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” Pursuant to this law, you are considered to be “under the influence” if your physical and mental abilities are impaired to such a degree that you are not able to drive with the caution characteristic of a sober person. This law is the “subjective standard” for DUI, which means a police officer can place you under arrest for DUI if he or she has probable cause to believe that you were under the influence of alcohol while driving. For instance, if you were speeding, swerving or involved in an accident, the prosecutor in your case could use any of these factors to show that you were under the influence of alcohol at the time you drove, even if your BAC was below the legal limit.
Having a BAC of 0.08% or Higher
Under VC § 23152 (b), “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” This law establishes the “per se” standard for DUI in San Diego, which means the law presumes you were under the influence of alcohol if your BAC was 0.08% or higher at the time you drove, whether you appeared to be intoxicated or not.
Punishment for a San Diego Misdemeanor DUI
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First Offense
- Up to six months in county jail,
- Up to $1,000 in fines, plus additional fees and costs,
- A six-month suspension of your driver’s license,
- Three to five years of misdemeanor probation,
- Installation of an ignition interlock device (IID), and/or
- DUI school for three to nine months.
Second Offense Within Ten Years
- Up to one year in county jail,
- Up to $1,000 in fines, plus additional fees and costs,
- A two-year driver’s license suspension,
- Three to five years of misdemeanor probation,
- Installation of an IID, and/or
- DUI school for 18 to 30 months.
Third Offense Within Ten Years
- Up to one year in county jail,
- Up to $1,000 in fines, plus other fees and costs,
- A three-year driver’s license suspension,
- Three to five years of probation,
- Installation of an IID,
- 30 months of DUI school,
- Community service requirements, and/or
- Habitual traffic offender designation.
Under California law, a fourth or subsequent DUI offense occurring within ten years is typically charged as a felony DUI carrying much more severe criminal penalties, including a potential state prison sentence.
Wet Reckless
“Wet reckless” is the name given to a common charge reduction in San Diego DUI cases. Wet reckless is not a separate crime and you can’t actually be arrested or charged with a wet reckless offense. It is simply the name for an alcohol-related reckless driving charge under VC § 23103, which covers:
(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property, and
(b) A person who drives a vehicle in an off-street parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property.
In many misdemeanor DUI cases in San Diego, the DUI charge ends up being reduced to wet reckless as part of a plea agreement, though the wet reckless charge will include a note on the defendant’s criminal record that the offense involved alcohol and/or drugs. There are a number of advantages to a wet reckless charge over a DUI charge, including the fact that wet reckless carries far less serious criminal penalties than DUI. “Dry reckless,” another common DUI charge reduction, does not include a note regarding the involvement of alcohol and/or drugs. Another important difference between the two is that a wet reckless charge is a priorable offense, while a dry reckless charge is not.
Aggravating Factors
There are certain “aggravating factors,” or extenuating circumstances, that can result in more serious penalties for San Diego DUIs. For instance, if you were involved in an accident, were speeding or driving recklessly, had an exceptionally high BAC, or had a child in the car with you at the time of your DUI arrest, among other possible aggravating factors, you could face additional penalties if you are found guilty of the DUI.
San Diego DUI Expungement
- You successfully completed probation for the offense, and
- You either did not serve time in state prison for the offense, or you served time in state prison but would have served it in county jail had the offense taken place after the implementation of Proposition 47.
Keep in mind that even an expunged DUI conviction counts as a prior offense should you be arrested for a subsequent DUI.
San Diego Misdemeanor DUI Defense
- That you drove a motor vehicle, and
- That you were under the influence of alcohol at the time you drove, or
- Had a BAC of 0.08% or higher at the time you drove.
In order for the DUI to be considered a second, third or subsequent offense, the prosecution must also prove that you had prior DUI convictions within the previous ten years.
Best Defenses for a Misdemeanor DUI
If you have been charged with DUI in San Diego, it may feel like the deck is stacked against you and you may think that the prosecution’s evidence is irrefutable. After all, the arresting officer says you were driving under the influence of alcohol, and how can you argue with that? In reality, there are a great number of unforeseeable circumstances that can result in your DUI charges being reduced or possibly even dropped altogether. In fact, many DUI cases in San Diego are settled out of court and never even go to trial. If your DUI case goes to trial, however, some possible defenses your attorney can use to beat your misdemeanor DUI charges include the following:
- Police misconduct
- Illegal arrest
- Illegal DUI checkpoint
- Mishandled evidence
- False positive alcohol test
- Miranda violation
Our San Diego Misdemeanor DUI Lawyers Can Help
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“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.
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