Do You Need a Solana Beach DUI Lawyer? We Can Help
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
Solana Beach DUI
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
- 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).
- 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.
- 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
- 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
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
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.