OCEAN BEACH DUI LAWYER

Ocean Beach DUI Lawyer

Given its size and reputation, the crime rate in sunny, vibrant Ocean Beach is lower than in most other San Diego communities, but driving under the influence (DUI) offenses can happen to anyone at any time, and if you have been arrested for DUI in Ocean Beach, your freedom, your finances, and your entire future may be on the line. The consequences of a DUI can be severe and long-lasting, even for a first-time offense, and many individuals arrested for DUI in Ocean Beach are not aware of their rights under California law, which puts them at serious risk. For the best possible defense against Ocean Beach DUI charges, you need an attorney on your side who specializes in the defense of DUI cases in Ocean Beach and throughout San Diego and Southern California. Contact our knowledgeable DUI lawyers at Sevens Legal, APC as soon as possible to schedule a free DUI consultation and case evaluation.

Skilled Ocean Beach DUI Lawyer

Most people have at least some understanding of the penalties they could face upon conviction for DUI in Ocean Beach, including time in jail, considerable fines, probation, driver’s license suspension, and more. What many people don’t know is that if you are arrested for drunk driving in Ocean Beach, the Department of Motor Vehicles (DMV) will take immediate administrative action to suspend your license, even before your criminal case goes to court. Losing your driving privileges may seem like the least of your worries when facing DUI charges in Ocean Beach, but without a license, you may not be able to get to work or properly care for your family. At Sevens Legal, our attorneys have experience handling a wide range of DUI cases in Ocean Beach and the surrounding areas, from simple misdemeanor drunk driving to felony DUI, DUI with injury and other DUI charges, and we have a proven record of success in the courtroom.

Facing DUI charges can be scary and confusing, but the key to obtaining a satisfactory resolution to your DUI case is having a seasoned, trial-tested defense lawyer in your corner who is familiar with your criminal history, California DUI laws and the specific facts of your case. Whether this is your first offense, your third, or your fifth, hiring a reputable DUI lawyer who can help you minimize the negative consequences of a DUI arrest or conviction is the key to defending yourself against damaging DUI charges. At Sevens Legal, our DUI lawyers have earned a reputation for successfully defending clients against all types of Ocean Beach DUI charges, and we pride ourselves on providing our clients with exceptional legal representation at an affordable price. If you have been charged with DUI in Ocean Beach, we offer a free initial consultation to ensure that you understand your rights and the legal options afforded to you under the law.

Ocean Beach DUI

It is against the law in Ocean Beach to drive under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher, and the law governing these DUI crimes is California Vehicle Code § 23152 VC. Most DUIs in Ocean Beach occur because of a traffic stop or sobriety checkpoint, and if the officer who pulls you over or stops you suspects that you may be under the influence, he or she may conduct a DUI investigation to assess your level of intoxication. A DUI investigation may involve the officer observing you for signs of intoxication, measuring your BAC with a roadside breathalyzer test, and/or conducting a number of field sobriety tests to evaluate your balance and coordination. If your BAC is 0.08% or higher, or if you fail one or more field sobriety tests, the officer can use the failed tests as reasonable cause to arrest you for DUI. If you are 21 years of age or older and not on probation for a DUI-related crime, you can refuse the breathalyzer test, but if the officer has reasonable cause to believe you may be intoxicated, he or she can still arrest you and take you to the police station, where you will be legally required to take a chemical test.

DUI – California Vehicle Code § 23152 VC

There are two main components to the DUI law in California: Vehicle Code § 23152 (a) VC, which makes it a crime to drive a vehicle while under the influence of alcohol, and Vehicle Code § 23152 (b) VC, which makes it a crime to drive a vehicle with a BAC of 0.08% or higher. This may sound like two ways to describe the same criminal offense, but VC § 23152 (a) and VC § 23152 (b) are actually two independent crimes that can arise from the same illegal act, and they are charged separately under California law.

Punishment for a DUI in Ocean Beach

Absent any aggravating factors, such as injury or death to another person, most first, second and third Ocean Beach DUIs are “simple” misdemeanors. However, all DUI convictions in California are “priorable” offenses, which means the punishment resulting from a DUI conviction increases with each offense that takes place within ten years, and for a fourth or subsequent DUI, the prosecutor has the discretion to pursue felony charges. The following are the potential penalties resulting from misdemeanor and felony DUIs in Ocean Beach:

First-Time DUI Offense (Misdemeanor)

• Up to six months in county jail,
• Misdemeanor probation,
• Up to $1,000 in fines, plus additional fees and costs,
• Driver’s license suspension for six months,
• DUI school for three to nine months, and/or
• Installation of an ignition interlock device (IID).

Second-Time DUI Offense (Misdemeanor)

• Up to one year in county jail,
• Misdemeanor probation,
• Up to $1,000 in fines, plus additional fees and costs,
• Driver’s license suspension for two years,
• DUI school for 18 to 30 months, and/or
• Installation of an IID.

Third-Time DUI Offense (Misdemeanor)

• Up to one year in county jail,
• Misdemeanor probation,
• Up to $1,000 in fines, plus additional fees and costs,
• Driver’s license suspension for three years,
• DUI school for 30 months, and/or
• Installation of an IID.

Fourth & Subsequent DUI Offense (Felony)

• 16 months, two, three or four years in state prison,
• Felony probation,
• Up to $1,000 in fines, plus additional fees and costs,
• Driver’s license suspension for four years,
• DUI school for 30 months,
• Installation of an IID, and/or
• Habitual Traffic Offender registration.

What to do After a DUI Arrest

Exercise Your Right to Remain Silent

If you have been accused of DUI in Ocean Beach, you may be tempted to try to explain your situation to the police or talk yourself out of facing criminal charges, but the best way to protect yourself and avoid making an inadvertent admission of guilt is by exercising your right to remain silent. The police may pretend they are on your side and tell you they are only there to help, but remember that their main goal is to gather evidence against you the prosecution can use in court. Remaining silent until you consult with an attorney is the best way to avoid accidentally incriminating yourself.

Contact a Knowledgeable Ocean Beach DUI Lawyer

Another important right you have when facing DUI charges in Ocean Beach is the right to an attorney. The best way to prevent the negative consequences of a DUI conviction from adversely affecting you for years to come is to hire a knowledgeable DUI defense attorney to represent you, and there is no time to waste. After you have been arrested for DUI, you only have ten days to contact the California DMV and schedule a hearing to challenge the suspension of your license, or else your license will automatically be suspended after 30 days. The sooner you contact our Ocean Beach DUI lawyers, the sooner we can put our team to work helping you retain your driving privileges and beat your drunk driving charges.

Ocean Beach DUI Defense

Most people who don’t fully understand California DUI law think that just because they have been arrested for drunk driving in Ocean Beach, their only viable option is to plead guilty, pay a fine and go to jail. On the contrary, no matter how serious the DUI charges against you may be, you still have important rights and you are still presumed innocent until proven guilty. In fact, just like in any criminal case, the burden of proof in an Ocean Beach DUI case is “beyond a reasonable doubt,” which means, in order to convict you of DUI, the prosecution must prove each individual element of the crime to the extent that no reasonable person could doubt that you are guilty. In a simple misdemeanor DUI case, the prosecution is tasked with establishing these specific elements:

• 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.

Defense Strategies in an Ocean Beach DUI Case

The state of California has taken a tough stance on drunk driving, and the penalties that accompany a DUI conviction in California are some of the toughest in the nation. That being said, just because you have been accused of DUI in Ocean Beach does not automatically mean that you will be convicted of the crime and sentenced to jail. There are many drunk driving defenses your attorney can present at trial to contest the prosecution’s evidence against you and secure an acquittal, including the following:

• Miranda violation
• Unlawful arrest
• Illegal DUI checkpoint
• False positive alcohol test results
• Title 17 violation
• Lack of probable cause
• Police misconduct
• Forced blood draw

Our Ocean Beach DUI Attorneys Can Help

It is easy to feel frightened and overwhelmed when facing DUI charges in Ocean Beach, but however insurmountable the evidence against you may seem, DUI cases are rarely hopeless. In fact, it is possible to defeat DUI charges and win your case outright, so long as you have an experienced and competent DUI lawyer in your corner and a credible DUI defense strategy on the table. At Sevens Legal, our defense attorneys believe in being proactive in defending our clients, and from the moment you hire our firm, we will take every necessary step to help you obtain a favorable resolution. Our DUI lawyers will prepare your criminal case, examine the circumstances of your DUI arrest, and aggressively and proficiently represent you in court. Depending on the specific facts of your case, we may be able to negotiate with the prosecutor to get your drunk driving charges dismissed or reduced to a lesser offense with fewer penalties, and if we can settle your DUI case to your satisfaction, we may be able to keep you from having to appear in court at all. No matter what type of Ocean Beach DUI charges you are facing or how minor they may seem at first glance, it is always a good idea to have a defense attorney in your corner who can evaluate the strengths and weaknesses of your case and devise an effective defense strategy based on your specific situation.

Contacting an Ocean Beach DUI Lawyer Near Me

An Ocean Beach DUI conviction will stay on your driving record for ten years and on your criminal record permanently, which is why a DUI arrest requires immediate intervention by a knowledgeable and aggressive Ocean Beach DUI defense lawyer. At Sevens Legal, we have more than 40 years of combined experience in criminal defense, and we appreciate how severely a DUI conviction could affect your personal and professional life. With our skilled DUI lawyers on your side, you can ensure that your legal rights are protected and secure the best possible result in your Ocean Beach drunk driving case, whether that means a dismissal or reduction in charges or leniency at sentencing. Contact our lawyers at Sevens Legal today to discuss your legal options with a knowledgeable DUI defense attorney.