Do You Need a National City DUI Lawyer? We Can Help
National City DUI Lawyer
Facing DUI (driving under the influence) charges in National City can be confusing and frightening, and without the benefit of reliable legal advice from an experienced DUI defense attorney, you could end up serving time in jail, paying considerable fines and losing your driving privileges, in addition to other devastating DUI penalties. Any time you are charged with DUI in National City, your future, your finances, and your freedom are on the line. As a misdemeanor, National City DUIs carry a potential county jail sentence, but if the DUI is prosecuted as a felony, you could serve time in state prison if you are found guilty of the DUI crime. If you or someone you know has been charged with a DUI offense in National City, or throughout San Diego County or Southern California, you should do everything in your power to protect your rights and your family’s well-being. Consult our skilled and resourceful DUI lawyers at Sevens Legal, APC today to discuss how to successfully defend yourself against National City drunk driving charges.
Skilled National City DUI Defense Attorney
Our DUI attorneys at Sevens Legal are familiar not only with California DUI laws but also with the National City court system, and our legal team has more than four decades of experience defending clients in National City, San Diego County and throughout Southern California against drunk driving charges. We know how severely a DUI conviction would affect your life and your loved ones, and we will be aggressive and tenacious in helping you acquire a satisfactory resolution to your case. DUI is a criminal charge that skilled defense lawyers can successfully beat, and with our National City legal team representing you, you can automatically improve your chances of getting your charges reduced, negotiating a lighter sentence, or walking away free, depending on the specific details of your case.
National City DUI
DUI – CA Vehicle Code § 23152
California Vehicle Code § 23152 VC is the legal statute that governs drunk driving crimes in National City, and in most cases, a driver arrested for DUI will face two separate charges: VC § 23152 (a) and VC § 23152 (b). The former is the element of the law that makes it illegal to drive a motor vehicle while under the influence of alcohol and the latter is the element of the law that makes it illegal to drive a motor vehicle with a blood alcohol concentration measuring 0.08% or higher. These charges may sound like two slightly different ways to describe the same offense, but in reality, they are two separate crimes arising from the same illegal act and can, therefore, be charged independently of one another.
DUI Penalties in National City
If you do not have any prior DUIs and you are arrested for drunk driving in National City, you could face criminal charges for a first-time DUI. First DUIs are misdemeanors under California law and these crimes typically carry the following criminal penalties:
- A county jail sentence of up to six months,
- A maximum fine of $1,000, plus additional fees and costs,
- Misdemeanor probation,
- Three to nine months of alcohol education classes,
- A six-month driver’s license suspension, and/or
- Installation of an ignition interlock device (IID).
If, within ten years of your first DUI conviction, you are arrested for a new DUI, you could be charged with a second DUI. Second DUI offenses are also usually prosecuted as misdemeanors, but they carry increased penalties upon conviction. If you are convicted of a second offense DUI in National City, you could face the following criminal penalties:
- A county jail sentence of up to one year,
- A maximum fine of $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.
If you have two prior DUIs on your criminal record and you are arrested for a new DUI within ten years, you could face criminal charges for a third DUI. Absent any aggravating factors, third offense DUIs are typically prosecuted as misdemeanors and carry the following criminal penalties:
- A county jail sentence of up to one year,
- Up to $1,000 in fines, plus additional fees and costs,
- Misdemeanor probation,
- 30 months of alcohol education classes,
- A three-year driver’s license suspension, and/or
- IID installation.
Fourth & Subsequent DUI Offenses
If you are faced with a fourth or subsequent DUI that occurs during a ten-year period, your situation requires immediate intervention by an experienced DUI defense lawyer. Fourth and subsequent DUI crimes can be prosecuted as felony offenses, rather than misdemeanors, and a conviction carries the following penalties:
- A state prison sentence of 16 months, two, three or four years,
- A maximum fine of $1,000, plus additional fees and costs,
- Felony probation,
- 30 months of alcohol education classes,
- A four-year driver’s license suspension,
- IID installation, and/or
- Registration as a Habitual Traffic Offender.
National City DUI Arrests
Your Right to Remain Silent
When you are taken to the police station after a DUI arrest, the police are required to read you your Miranda rights before questioning you about the DUI. A key component of the Miranda warning involves your right to remain silent, which comes from the self-incrimination clause of the Fifth Amendment to the Constitution, and that means you are not obligated to answer any questions that could cause you to incriminate yourself. You may feel the need to explain yourself to the police or try to talk yourself out of a DUI charge, but your best bet is just to remain silent and wait for your attorney.
Your Right to an Attorney
If you are facing National City DUI charges, it is your right to represent yourself in criminal court. However, even for a first-time DUI, hiring an attorney who specializes in DUI defense is the best chance you have of beating the charges and clearing your name, and there is no time to waste. Under California law, you have only ten days from the date of your DUI arrest to contact the Department of Motor Vehicles (DMV) and request an administrative hearing to challenge the suspension of your driving privileges. The sooner you hire our DUI lawyers to represent your case, the sooner we will get to work defending your rights and helping you avoid the adverse consequences of a DUI.
National City DUI Defense
- You drove a motor vehicle, and
- When you drove, you were under the influence of alcohol or had a BAC of 0.08% or higher.
Strategies for National City DUI Defense
If you were pulled over in National City and arrested for DUI, your case may seem pretty cut and dry, especially if you took a breathalyzer test and your BAC measured 0.08% or higher, meaning you were legally intoxicated under California law. In reality, though, DUI cases are rarely hopeless. The police sometimes make mistakes, the proper procedure isn’t always followed, and DUI tests aren’t always 100% accurate, and if you have a skilled DUI lawyer on your side, he or she may be able to capitalize on these errors to get you acquitted. Some possible defense strategies your DUI attorney can present at trial to challenge the prosecution’s version of events include the following:
- Unlawful arrest
- Police misconduct
- Illegal DUI checkpoint
- Unlawful blood draw
- Violation of your Miranda rights
- Violation of Title 17
- Inaccurate DUI test results
- No probable cause
Our National City DUI Attorneys Can Help
National City DUI Defense Attorneys Near Me
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