Do You Need an Oceanside DUI Lawyer? We Can Help
In Oceanside, California, and throughout Southern California and the rest of the country, it is illegal to drive a motor vehicle while under the influence or with a blood alcohol concentration (BAC) that is above the legal limit, and the repercussions of an Oceanside DUI can be severe and long-lasting. Any conviction for DUI can be financially costly, and even for a first-time offense, you could pay thousands of dollars in fines and other fees for an Oceanside DUI. However, while the financial expenses stemming from an Oceanside DUI charge can be a significant burden, they aren’t necessarily the most costly part of a DUI. Depending on the outcome of your case, you could also spend time in jail for DUI, which could rob you of your freedom, damage your reputation and cause you to lose your job, among other devastating ramifications. If you or someone you know has been arrested for an Oceanside DUI, or if you have been charged with drunk driving or DUI drugs, our competent and capable DUI lawyers at Sevens Legal can help. Our team of DUI attorneys has more than 40 years of combined DUI and criminal defense experience, and we have an in-depth understanding of the Oceanside criminal court system. Do not hesitate to contact our Oceanside DUI lawyer sat Sevens Legal to schedule a free, no-obligation DUI consultation.
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Most DUI arrests in Oceanside are the result of a traffic stop or a sobriety checkpoint. If you are speeding or driving erratically and a law enforcement officer pulls you over, or if you are stopped at a DUI checkpoint, and the officer who makes the stop has a reasonable suspicion that you have broken the law by driving while intoxicated, he or she may begin what is known as a DUI investigation. During the investigation, the officer will likely ask you a series of questions in order to observe any potential physical signs of intoxication, such as slurred speech, bloodshot eyes or the smell of alcohol on your breath. The officer may also use field sobriety tests and/or a breathalyzer test during the investigation, but you do have the right to refuse the breathalyzer test under certain conditions, namely if you are over the age of 21 and not on probation for DUI. The primary purpose of an Oceanside DUI investigation is to establish probable cause to make an arrest, and even without the breath test, if the officer has reasonable cause to suspect you may be under the influence, he or she can still arrest you and order you to submit to a DUI breath or blood test.
DUI – CA Vehicle Code § 23152
For the most part, people understand and refer to the crime of DUI as a single offense, but in California, the criminal act known as DUI encompasses two separate violations of the California Vehicle Code: driving under the influence of alcohol pursuant to Vehicle Code § 23152 (a) VC, and driving with a blood alcohol level that is 0.08% or higher pursuant to Vehicle Code § 23152 (b) VC. As such, if you are arrested for an Oceanside DUI, the prosecution may actually file charges for two separate crimes arising from the same unlawful act.
Oceanside DUI Penalties
- A county jail sentence of up to six months,
- Up to $1,000 in fines, plus additional fees and costs,
- Misdemeanor probation,
- A suspension on your driver’s license for six months,
- Installation of an IID (ignition interlock device) in your vehicle, and/or
- Three-nine months of DUI school.
- A county jail sentence of up to one year,
- A maximum fine of $1,000, plus other costs and fees,
- Misdemeanor probation,
- A suspension on your driver’s license for two years,
- Installation of an IID, and/or
- 18-30 months of DUI school.
- A county jail sentence of up to one year,
- A maximum fine of $1,000, plus other costs and fees,
- Misdemeanor probation,
- A suspension on your driver’s license for three years,
- IID installation in your vehicle, and/or
- 30 months or DUI school.
Fourth & Subsequent DUI Offenses
- A potential sentence of 16 months, two, three or four years in state prison,
- A maximum fine of $1,000, plus additional costs and fees,
- Felony probation,
- A suspension on your driver’s license for four years,
- Installation of an IID,
- 30 months of DUI school, and/or
- Registration as a Habitual Traffic Offender.
What Happens After an Oceanside DUI Arrest?
Do Everything You Can to Remain Silent
Whether the arrest is for a first, second, third or fourth offense, the most important thing you can do upon being arrested for DUI is to exercise your Fifth Amendment right, which protects you from self-incrimination. After your DUI arrest and before the police can question you about the offense, they are required by law to read you the Miranda warning, a type of legal notification stating that you have the right to remain silent. The police may try to convince you that they want to help and are on your side, but the odds are, you will end up saying something that could hurt you later. Your best bet is to stay silent, avoid answering any questions you are asked by the police, and wait to speak to a DUI attorney.
Consult an Oceanside DUI Attorney
If are facing Oceanside DUI charges, you have the right to represent yourself in court. However, DUI law is extremely complex and constantly changing, and unless you have years of trial experience and extensive training in DUI defense, representing yourself will only end up putting you at a disadvantage. California judges and prosecutors are tough on DUI offenders, and without an attorney on your side to help you navigate the criminal justice system and the complexities of DUI law, you are unlikely to obtain a favorable resolution to your case. Your best course of action following an Oceanside DUI arrest is to hire a seasoned attorney who specializes in DUI defense and who can help you aggressively and effectively fight the charges against you.
Oceanside DUI Defense
- You operated a motor vehicle, and
- When you did so, you had a BAC of 0.08% or higher, or you were under the influence of alcohol.
If the prosecution is unable to satisfy the requisite burden of proof in your DUI case, you cannot lawfully be found guilty of the crime.
Oceanside DUI Defense Strategies
As cut and dry the crime of DUI may seem, and as irrefutable as the evidence against you may appear at first glance, a DUI charge is merely a criminal accusation, not a conviction. In other words, just because you have been charged with drunk driving does not mean you will automatically be found guilty of the crime and punished accordingly. There are many possible defense strategies for DUI that your attorney can present to the court to raise reasonable doubt with regard to the prosecution’s evidence and help you beat the DUI charges, including the following:
- Unlawful DUI arrest
- Illegal sobriety checkpoint
- Misconduct by the police
- Unlawful blood draw
- “No driving” defense
- False positive DUI test
- Miranda violation
- Violation of Title 17
- No probable cause
Our Oceanside DUI Attorneys Can Help
Contact an Oceanside DUI Lawyer Today
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