We Can Help Navigate Your DUI Case

Driving under the influence (DUI) of alcohol or drugs is a crime in every state, and as a misdemeanor, DUI may seem like a relatively minor offense, but the state of California has some of the stiffest DUI penalties in the country. Depending on the circumstances of your case, the consequences associated with a San Diego DUI conviction can be far-reaching and long-lasting, and they can adversely affect virtually every aspect of your personal and professional life. If you are facing DUI charges in San Diego or the surrounding areas, do not hesitate to contact a reputable DUI defense attorney to protect your legal rights. At Sevens Legal, APC, we pride ourselves on offering clients qualified legal representation, and our San Diego DUI lawyers can help you get the best possible outcome in your drunk driving case.

Skilled Oceanside DUI Defense Lawyer

DUIs are some of the most common criminal offenses in Oceanside and throughout Southern California, but there are some important things people don’t know about DUIs. For instance, if you have been arrested for DUI in Oceanside, you may not realize that you only have ten days from the date of your arrest to schedule a hearing with the Department of Motor Vehicles (DMV) and contest the suspension of your driver’s license. Once the ten-day deadline has passed, you forfeit your right to the hearing and your license will automatically be suspended 30 days after your arrest. If you want to retain your driving privileges and improve your chances of getting a favorable outcome in your criminal case, your first course of action following a DUI should be to contact a knowledgeable DUI defense attorney. At Sevens Legal, we understand how frightening and confusing it can be to be arrested for DUI and face the prospect of going to jail. Contact our law firm today for a free initial consultation and evaluation of your Oceanside DUI case.

Oceanside DUI – Two Seperate Charges

A Oceanside DUI arrest typically occurs as the result of a traffic stop or DUI checkpoint. If the officer who pulls you over or stops you at the checkpoint has reason to believe you may have been driving under the influence, he or she will begin a DUI investigation. During the investigation, the officer may ask you questions about your drinking or drug use, ask you to submit to a breathalyzer test, and/or ask you to perform a series of field sobriety tests to determine your level of intoxication, if any. It is important to know your rights under the law when you are stopped for DUI in Oceanside, so you can avoid saying or doing something that ends up hurting you later on.

DUI – California Vehicle Code § 23152 VC

In California, DUIs are typically charged as two separate violations: Vehicle Code § 23152 (a) VC – the law that makes it a crime to operate a motor vehicle under the influence of alcohol or drugs – and Vehicle Code § 23152 (b) VC – the law that makes it a crime to operate a motor vehicle with a BAC of 0.08% or higher. These are two separate crimes that can arise from the same act, and individuals arrested for DUI in Oceanside typically see both violations on their DUI ticket. Under California law, it is also a crime to operate a motor vehicle under the influence of drugs (Vehicle Code § 23152 (f) VC), under the combined influence of any alcoholic beverage and drug (Vehicle Code § 23152 (g) VC), or while addicted to the use of any drug (Vehicle Code § 23152 (c) VC).

Penalties for a DUI Conviction in Oceanside

The state of California takes drunk driving offenses extremely seriously and thus has some of the toughest penalties for DUI convictions. That being said, all DUI cases are different, and if you are convicted of DUI in Oceanside, the criminal penalties you will face depend on the specific circumstances of your case. There are specific sentencing guidelines in place for DUIs in California, which means there is a range of penalties a judge can impose for DUI convictions, and this range is influenced in large part by the number of prior DUI convictions you have on your record. In Oceanside, DUIs remain on your driving record for ten years and are “priorable” offenses, which means any new DUI occurring within ten years of a prior conviction counts as a subsequent DUI carrying increased penalties.

First-Time DUI Offenses

If you have no prior DUI convictions on your record and you are arrested for drunk driving in Oceanside, you will face charges for a first-time DUI offense. First DUIs are typically misdemeanors, punishable by the following potential penalties:

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

Second-Time DUI Offenses

If you have a prior DUI conviction and you are arrested for another DUI within ten years, you will face charges for a second-time DUI offense, which is also a misdemeanor in Oceanside. Second DUIs are punishable by the following potential penalties:

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

Third-Time DUI Offenses

If you have two prior DUI convictions on your record and you are arrested for another DUI within ten years, you will face charges for a third-time DUI. Most third DUI offenses are prosecuted as misdemeanors in Oceanside, punishable by the following potential penalties:

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

Fourth & Subsequent DUI Offenses

Because the punishment for Oceanside DUIs increases with each new offense occurring within ten years, a fourth or subsequent DUI carries the harshest criminal penalties. In fact, a fourth-time DUI can be charged as a felony offense, punishable by the following potential penalties:

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

What to do After a DUI Arrest

Exercise Your Right to Remain Silent

Following a DUI arrest, you will probably feel confused, overwhelmed and unsure about your legal rights, and the police may try to take advantage of your situation by asking you questions about your DUI, hoping you say something that can be used against you. One of the most important things to remember is that you have the right to remain silent, which means you don’t have to answer any questions without an attorney present.

Contact an Experienced DUI Defense Lawyer

The police may try to convince you that they are on your side and only want to help, but keep in mind that the police have their own agenda. Their main objective is to gather evidence the prosecution can use to get a guilty verdict at trial. Your best course of action after being arrested for DUI is to enlist the help of a DUI defense attorney whose primary goal is to help you get the charges dropped. With an experienced lawyer in your corner, you can ensure that you understand your rights under the law and avoid making any mistakes that could end up hurting your case.

Oceanside DUI Defense

Just like in any criminal case, the prosecution in a DUI case bears the burden of proving the crime beyond a reasonable doubt, which means the prosecutor assigned to your case must establish each element of the crime to the extent that no reasonable person could reasonably doubt your guilt. The elements of a Oceanside DUI case include the following:

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

These may seem like fairly simple facts to prove, but that is not necessarily the case. No matter how irrefutable the prosecution’s evidence against you may seem, Oceanside DUI cases are rarely hopeless. In fact, good defense attorneys routinely beat DUI charges, and the sooner you hire a lawyer to represent your case, the better your chance of successfully beating the charges.

Best Defense Strategies for a Oceanside DUI

Some possible strategies your defense attorney can use to challenge the prosecution’s evidence include the following:

• Unlawful DUI arrest – If your DUI arrest was unlawful, you may be able to get your DUI charges dismissed.
• Illegal DUI checkpoint – The police are required to follow certain strict guidelines in setting up and executing a DUI checkpoint. Any violation of these guidelines could be used as a defense in your DUI case.
• Miranda violation – If the police questioned you about your DUI without reading you your Miranda rights, your attorney may be able to get your case dismissed.
• Title 17 violation – Title 17 of the California Code of Regulations establishes certain regulations for how the government must conduct DUI breath, blood and urine tests. If your attorney can show that the police failed to properly collect or store evidence related to your test, the prosecution may not be able to use the chemical test results as evidence in your case.
• False positive chemical test – DUI breath and blood tests are not always 100% accurate, and if your attorney can establish that your test result was a false positive, he or she may be able to get the DUI charges against you dropped.
• Lack of probable cause – If the arresting officer did not have probable cause to stop you in the first place, your attorney may be able to get you acquitted.

How Our Oceanside DUI Lawyers Can Help

DUIs carry stiff penalties under California law, even for first-time offenses, and without an experienced DUI defense attorney on your side to devise a solid defense and aggressively advocate on your behalf, you could end up losing your case and spending time in jail. When it comes to clearing your name, protecting your legal rights and safeguarding your future, there is no substitute for skill and experience, and that is what we offer you at Sevens Legal. Our DUI defense attorneys have more than 40 years of combined experience defending clients throughout Southern California and Oceanside County against DUI charges, and when you hire our firm, you get a legal team with a proven history of success in the courtroom.

Our trial-tested DUI defense attorneys at Sevens Legal are familiar with the intricacies of the California criminal justice system, and we can take care of many aspects of your DUI case for you, including scheduling your DMV hearing, representing you at the DMV hearing, keeping track of important deadlines and filing any pretrial motions that may help your case. We can also negotiate with the prosecution to try to get your DUI charges dismissed or reduced to a lesser offense with fewer penalties. If your DUI case goes to trial, we will present the strongest possible defense available to you, challenge the prosecution’s evidence against you, and advocate for your best interests throughout the duration of the criminal case.

Contacting a Oceanside DUI Defense Attorney Near Me

In Oceanside, a DUI conviction will remain on your driving record for ten years and on your criminal record permanently, which can have an adverse effect on your employment, professional licensing, and other aspects of your personal and professional life. If you or a loved one has been arrested for DUI in Oceanside or elsewhere in Southern California, the best way to protect your rights and quality of life is to consult a criminal defense attorney with experience defending clients against first, second, third or fourth DUI charges. At Sevens Legal, our DUI defense attorneys understand how devastating a DUI conviction would be for you and your loved ones, and we will do everything in our power to help you get a favorable outcome in your drunk driving case.