SOLANA BEACH DUI LAWYER

Solana Beach DUI Lawyer

DUI (driving under the influence) is a crime that occurs fairly frequently in San Diego County and across Southern California, and with its prosperous, affluent neighborhoods and close proximity to downtown San Diego, Solana Beach is a prime location for life-changing DUI arrests. In the state of California, a DUI will stay on your driving record with the DMV for ten years and there is no way to remove the offense from your record, so if you get a DUI in Solana Beach, you will have to live with the DMV consequences of your DUI for at least ten years. Even more damaging, a Solana Beach DUI will remain on your criminal record permanently, unless you are able to get the conviction expunged, but not all DUIs are eligible for expungement. In addition to severe criminal penalties, a Solana Beach DUI conviction carries a social stigma that can ruin your professional reputation and damage your relationships with friends and family members. If you are facing charges for driving while intoxicated in Solana Beach or anywhere else in San Diego County or Southern California, don’t leave your future and your freedom up to chance. Consult our experienced DUI defense lawyers as soon as possible to schedule your free Solana Beach DUI consultation.

Qualified Solana Beach DUI Lawyer

If you were stopped by the police and arrested for DUI in Solana Beach, you are likely wondering what kind of effect a DUI conviction could have on your freedom, your financial security and your family’s well-being. DUIs are prosecuted and penalized harshly in Solana Beach, and in addition to the immediate consequences associated with DUI charges, such as costly fines, a suspension of your driver’s license and possible jail time, having a DUI on your record can have long-lasting personal and professional repercussions that can affect you and your loved ones for years to come. At Sevens Legal, our DUI attorneys have more than four decades of experienced with DUI and criminal defense cases in San Diego County and throughout Southern California, and we have a comprehensive understanding of California DUI law and the Solana Beach court system. In fact, our team of accomplished lawyers at Sevens Legal includes a former prosecutor and a certified criminal law specialist, which makes us well qualified to handle your Solana Beach DUI case.

Solana Beach DUI

Every state has laws in place that make driving under the influence of drugs, alcohol or a combination of drugs and alcohol a crime, but California in particular has taken an aggressive stance toward DUI crimes and DUI offenders. For the most part, DUI arrests in Solana Beach and San Diego County occur when the police either stop a driver at a sobriety checkpoint, or initiate a traffic stop on a reasonable suspicion that the driver in question is breaking the law. Even if the police suspect some traffic infraction or violation other than DUI, if upon stopping the driver, the law enforcement officer has a reasonable suspicion that the driver is intoxicated, he or she may initiate a DUI investigation. If you are pulled over by the police or stopped at a sobriety checkpoint in Solana Beach, and you are suspected of DUI, the officer may ask you questions about whether and how much you have been drinking, while observing you for signs of intoxication or impairment. The DUI investigation may also involve one or more field sobriety tests and/or a preliminary alcohol screening (PAS) test with a handheld breathalyzer, which measures your blood alcohol concentration (BAC).

So long as you not under the age of 21 or on probation for driving while intoxicated, it is your right under the law to refuse the breathalyzer test and the field sobriety tests, but only if the tests are requested before you are arrested. If the officer who stopped you has probable cause to make a DUI arrest based on physical signs of intoxication or other factors and you are arrested for DUI, you do not have the right to refuse a post-arrest chemical test. Under California’s implied consent law, it is implied that all drivers have given their consent to a DUI breath or blood test upon being lawfully arrested for DUI, and if you refuse chemical testing, you will face enhanced administrative penalties levied by the DMV, as well as increased criminal penalties imposed by the court if you are convicted of DUI in your criminal case.

DUI – CA Vehicle Code § 23152

The law that covers DUI offenses in California is Vehicle Code § 23152 VC, and this DUI law has two main components: VC § 23152 (a), which states that it is illegal to operate a vehicle under the influence of alcohol, and VC § 23152 (b), which states that it is illegal to operate a vehicle with a BAC measuring 0.08% or higher. To some, this may seem like two ways to describe the exact same crime, but VC § 23152 (a) and (b) are actually two separate offenses arising from the same unlawful act. If you are caught driving while intoxicated in Solana Beach, you could find yourself being charged with both violations of the Vehicle Code.

Penalties for a Solana Beach DUI

California has some of the toughest DUI laws and punishments in the country, and because DUIs in Solana Beach are priorable offenses, the law imposes extra criminal penalties for repeat DUI offenders. That means any new Solana Beach DUI conviction occurring within ten years of a previous DUI or DUI-related offense carries increased penalties as follows:

First-Time DUI Offenses

• A maximum of $1,000 in fines, plus other fees and costs,
• A suspension of your driver’s license for six months,
• A county jail sentence of up to six months,
• Misdemeanor probation,
• Alcohol education classes for three to nine months, and/or
• Installation of an ignition interlock device (IID).

Second-Time DUI Offenses

• A maximum of $1,000 in fines, plus other fees and costs,
• A suspension of your driver’s license for two years,
• A county jail sentence of up to one year,
• Misdemeanor probation,
• 18 to 30 months of DUI school, and/or
• IID installation.

Third-Time DUI Offenses

• A maximum of $1,000 in fines, plus other fees and costs,
• A suspension of your driver’s license for three years,
• A one-year county jail sentence,
• Misdemeanor probation,
• 30 months of DUI school, and/or
• Ignition interlock installation.

Fourth & Subsequent DUI Offenses

• A maximum of $1,000 in fines, plus other fees and costs,
• A four-year driver’s license suspension,
• A state prison sentence of 16 months, two, three or four years,
• Felony probation,
• 30 months of alcohol education classes,
• IID installation, and/or
• Registering as a Habitual Traffic Offender.

Solana Beach DUI Arrests

Exercise Your Right to Remain Silent

If you have been arrested for DUI, especially if you believe the arrest was a mistake or misunderstanding, you may be inclined to explain your side of the story to the police and try to convince them that you shouldn’t face criminal charges for the offense. However, the most important thing to remember following a DUI arrest is that the police are not on your side, no matter how many times they tell you their main objective is to help you. The Fifth Amendment to the Constitution provides protections against self-incrimination and the best way to avoid making an incriminating statement or admission of guilt, which can and will be used against you in your criminal case, is to exercise your right to remain silent until you can consult an attorney.

Contact a Solana Beach DUI Lawyer

Even though you have been accused of a crime, the law still affords you important rights, including the right to legal counsel. DUI laws in California are complex and constantly changing, and having a trial-tested DUI lawyer on your side who knows the law and how it pertains to your case is the best way to protect yourself from the damaging consequences of a DUI charge. California law enforcement officers, prosecutors and judges are tough on DUI defendants, and without a knowledgeable lawyer in your corner to help you protect your rights, navigate the complicated criminal justice system and devise a solid legal strategy, you are less likely to obtain a satisfactory outcome in your case.

Solana Beach DUI Defense

Most people charged with DUI assume that the case is relatively cut and dry and that the prosecution’s evidence is insurmountable, but it is critical to the success of your case that you remember that a Solana Beach DUI charge is nowhere near the same thing as a DUI conviction. If the police pull you over or stop you at a DUI checkpoint and arrest you for driving while intoxicated, you have been charged with a DUI, but you have not yet been convicted in a court of law. That means you still have the right to fight the charges and in our experience, DUI charges are almost always worth fighting. In Solana Beach DUI cases, the prosecutor is the one who bears the burden of proof, which means he or she must provide compelling evidence that proves the DUI crime beyond a reasonable doubt. If the prosecutor succeeds in satisfying the requisite burden of proof, you could be convicted of the crime, but if the prosecutor fails, you may be acquitted. For a simple misdemeanor DUI charge under Vehicle Code § 23152 VC, the two elements the prosecution must prove are:

• You drove a motor vehicle, and
• At the time you drove, you were under the influence, or had a BAC of 0.08% or higher.

If the alleged DUI involved certain aggravating factors, like excessive BAC, speeding or injury to another person, the prosecution will also have to prove these elements beyond a reasonable doubt, in order to get a conviction.

Defenses for a Solana Beach DUI

Being arrested for a Solana Beach driving under the influence offense is serious and the punishment for DUI can be life-changing, but the truth is that California DUI cases are rarely hopeless. Law enforcement officers make procedural mistakes, rights are violated, breathalyzer tests are prone to errors, and evidence relating to DUI breath and blood tests is sometimes mishandled, and a good DUI lawyer can capitalize on these potential issues to win your case. The following are some possible defenses your DUI attorney can mount in court to help you beat your Solana Beach DUI charges:

• Unlawful arrest
• Illegal DUI checkpoint
• Miranda violation
• Title 17 violation
• No probable cause
• Illegal blood draw
• False positive DUI test
• Police misconduct
• No driving

Our Solana Beach DUI Lawyers Can Help

Driving under the influence is a serious mistake, but even a mistake as serious as DUI should not be allowed to ruin your life. A good DUI lawyer with experience fighting Solana Beach DUI charges can help you avoid serving jail time, paying a large fine or losing your driving privileges, and that is what we strive to do at Sevens Legal. It is our main priority to protect your rights and help you get the most favorable outcome in your DUI case, based on your specific circumstances. When you hire our firm, our legal team will prepare your case, meticulously analyze every aspect of your initial stop, the DUI arrest and the DUI breath or blood test to pinpoint weaknesses in the prosecution’s case, and ensure that you understand your rights under the law and the defenses available to you based on the specific circumstances of your case.

Our DUI lawyers at Sevens Legal know how devastating a drunk driving conviction can be for a DUI defendant and his or her loved ones, and we are committed to being your legal advocates in court, aggressively fighting for your rights and representing your best interests. We also recognize the fact that all DUI cases are different, with unique factors that can affect prosecution and sentencing, and we will mount and advance a thorough defense strategy tailored to your specific situation.

Contact a Solana Beach DUI Defense Lawyer

Facing the Solana Beach criminal justice system and attempting to beat your DUI charges on your own can be a daunting task, but with the right DUI attorney helping you, you can improve your chances of successfully clearing your name and moving forward with your life without the stigma of a DUI conviction on your permanent record. If you were just released from jail or if your loved one is in jail following a Solana Beach DUI arrest, it is a good idea to be proactive and begin thinking about your defense, and contacting an experienced Solana Beach DUI lawyer is the best place to start. The law only gives you ten days from the date of your drunk driving arrest to contact an attorney, schedule a DUI hearing with the California Department of Motor Vehicles (DMV) and fight your driver’s license suspension, so you can’t afford to waste any time. Contact our DUI attorneys at Sevens Legal as soon as you can, to begin building a sound defense in your Solana Beach DUI case.