Do You Need a Pacific Beach DUI Lawyer? We Can Help
Pacific Beach DUI Lawyer
The extensive penalties resulting from a drunk driving conviction in Pacific Beach can include jail time, significant fines, probation, driver’s license suspension, alcohol education classes and more, and if you are ever facing Pacific Beach DUI (driving under the influence) charges, you need the guidance of an experienced defense attorney who can help you avoid these devastating consequences. If you have been accused of DUI in Pacific Beach, contact our DUI lawyers at Sevens Legal immediately to discuss the details of your case. Our attorneys have extensive experience defending DUI cases in Pacific Beach and throughout San Diego County and Southern California, and we can assist you in devising a credible defense strategy that challenges the prosecution’s evidence against you and improves your chances of a favorable resolution.
Experienced Pacific Beach DUI Lawyer
Pacific Beach DUI
The two main components of a DUI investigation include a roadside breathalyzer test and a series of balance and coordination tests known as field sobriety tests. If you take a breathalyzer test and your BAC measures 0.08% (the legal limit) or higher, or if you are unable to complete one or more of the field sobriety tests, the officer may have probable cause to arrest you for drunk driving. If you refuse the breathalyzer test (which you can do without penalty if you have not yet been arrested and you are not on probation for a DUI crime or under the age of 21), you can still be arrested for DUI if the officer can identify other facts that satisfy the probable cause requirement for a DUI arrest, such as physical signs of intoxication or visible alcohol containers in your vehicle. The next step after a Pacific Beach DUI arrest is a post-arrest chemical test, which comes in the form of a DUI breath or blood test, or a urine test, in rare cases. Per California’s implied consent law, you are required to submit to this test or else suffer the legal consequences of a chemical test refusal.
California Vehicle Code § 23152 – DUI
California’s Vehicle Code is comprised of a series of state laws pertaining to the operation, ownership and registration of vehicles, and violations of Vehicle Code § 23152 VC are some of the most common code violations in the state. VC § 23152 is the law that covers DUI offenses in Pacific Beach, and there are many different components to this law, which can make understanding your rights under the law confusing for anyone without a background in DUI defense. The two main components of the DUI law are VC § 23152 (a), which states that it is illegal to drive a motor vehicle under the influence of alcohol, and VC § 23152 (b), which states that it is illegal to drive a motor vehicle with a BAC measuring 0.08% or higher. Although most people are under the impression that a DUI is one crime, the majority of DUIs in Pacific Beach result in two separate charges under VC § 23152 (a) and VC § 23152 (b).
Penalties for a Pacific Beach DUI
First-Time DUIs
If you have no DUI priors on your record and you are arrested for driving while intoxicated in Pacific Beach, you could face charges for a first-time DUI. According to California law, the penalties for a first offense DUI may include:
- A six-month county jail sentence,
- Misdemeanor probation,
- A maximum fine of $1,000, plus additional costs and fees,
- Installation of an ignition interlock device (IID),
- A six-month driver’s license suspension, and/or
- DUI classes for 3-9 months.
Second-Time DUIs
If you were previously convicted of driving under the influence, and you are arrested for a new DUI within ten years of the first offense, you could be charged with a second-time DUI offense. The criminal penalties for a second offense DUI may include:
- A one-year county jail sentence,
- Misdemeanor probation,
- Up to $1,000 in fines, plus additional fees and costs,
- Ignition interlock installation in your vehicle,
- A two-year driver’s license suspension, and/or
- DUI classes for 18-30 months.
Third-Time DUIs
If you are arrested for a Pacific Beach DUI and you have two prior DUIs on your record, you could face charges for a third-time DUI. As a misdemeanor, a third offense DUI carries the following potential criminal penalties:
- A one-year county jail sentence,
- Misdemeanor probation,
- A maximum fine of $1,000, plus additional fees and costs,
- IID installation in your vehicle,
- A three-year driver’s license suspension,
- DUI classes for 30 months, and/or
- Registration as a Habitual Traffic Offender.
Fourth & Subsequent DUIs
Any Pacific Beach DUI crime can result in serious legal consequences, but under California law, a fourth or subsequent DUI conviction occurring within a ten-year period can be prosecuted as a felony, which carries much stiffer penalties, possibly including a state prison sentence. If you are convicted of felony DUI in Pacific Beach, you could face the following penalties:
- State prison for 16 months, two, three or four years,
- Felony probation,
- A maximum fine of $1,000, plus other costs and fees,
- Installation of an IID,
- A four-year driver’s license suspension,
- 30 months of DUI school,
- Participation in an addiction treatment program, and/or
- Registering as a Habitual Traffic Offender.
Know Your Rights After a Pacific Beach DUI Arrest
Your Right to Remain Silent
When you are placed under arrest for drunk driving in Pacific Beach and taken to the police station for booking and questioning, your first impulse may be to try to level with the police or convince them that you aren’t guilty of the crime. It is normal to try to explain your situation, especially if you really weren’t driving under the influence, but your best course of action is to avoid saying anything until you have consulted an attorney. The Fifth Amendment to the Constitution protects you against self-incrimination, and if you were read your Miranda rights, the police notified you of your right to remain silent. However, the police will do everything they can to convince you that they are there to help you, while counting on you accidentally making an incriminating statement that they can use against you. Exercise your constitutional right to remain silent, refuse to answer any questions posed by the police and wait to consult with your attorney.
Your Right to an Attorney
DUI is a serious crime, but a DUI arrest is not the same thing as a conviction. If you are facing charges for drunk driving or another crime in Pacific Beach, you have the right to hire an attorney to represent you, and we always recommend taking advantage of that right. Hiring a Pacific Beach lawyer whose legal specialty is DUI defense is the key to getting the criminal charges dismissed or reduced.
Pacific Beach 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.
This may seem like the easiest thing in the world for an experienced prosecutor to prove, but DUIs are not always so straightforward. For example, if the arresting officer didn’t personally witness you driving the vehicle, the prosecution would have to rely on witness statements or other direct or circumstantial evidence to satisfy the “driving” element of the DUI crime, or else fail to meet the burden of proof required for a conviction.
Pacific Beach DUI Defense Strategies
Pacific Beach law enforcement officers and prosecutors take DUIs extremely seriously and the penalties for DUI in California are among the toughest in the nation. As such, many people think that just because they have been arrested for drunk driving, their only option is to plead guilty, pay a fine and go to jail. That is not the case. No matter what charges you are facing, you have important rights and with a competent and resourceful DUI attorney on your side, you can protect your rights and avoid ruining your record with a DUI conviction. Review the following for some defenses your lawyer may be able to present in court for your Pacific Beach DUI case:
- Unlawful arrest
- Miranda violation
- Title 17 violation
- Unlawful DUI checkpoint
- No probable cause
- “No driving” defense
- Misconduct on the part of the police
- Blood drawn illegally without consent or a warrant
- Inaccurate alcohol test results
How We Can Help
Contact a Pacific Beach DUI Lawyer Today
At Sevens Legal, APC we pride ourselves on our commitment to prompt responses to our potential clients and clients. Your case is very important to us and we will respond to you as soon as possible.