VISTA DUI LAWYER

Vista DUI Lawyer

Most people are familiar with the crime of driving under the influence (DUI), but few people understand the scope of drunk driving offenses and how severely a DUI conviction can affect your life, both personally and professionally. In addition to jail time, driver’s license suspension, mandatory DUI school and costly fines and fees, a DUI conviction can permanently damage your reputation and cost you your job, among other long-lasting and far-reaching consequences, and without an experienced Vista DUI lawyer on your side, you could end up not only being convicted of DUI, but also facing the maximum fines and penalties permitted under the law. If you or a loved one has been arrested for or charged with DUI in Vista, San Diego or elsewhere in Southern California, do not hesitate to protect your legal rights. Consult our knowledgeable DUI lawyers at Sevens Legal, APC today to discuss your possible DUI defense options.

Professional Vista DUI Defense Lawyer

Any time you are facing DUI charges in Vista or the surrounding areas, you need a reputable attorney in your corner who has a proven history of success defending misdemeanor and felony DUI cases. When it comes to protecting your rights and defending yourself against DUI charges, there is no substitute for knowledge and experience, and that is what we offer at Sevens Legal. Our defense attorneys are committed to protecting the rights of the criminally accused in the community, and we will work tirelessly to help you get the best possible outcome in your DUI case, whether that means minimizing the consequences of a DUI conviction, getting your charges reduced to a lesser offense, like wet reckless, or getting the case dismissed altogether. Our DUI lawyers at Sevens Legal have experience handling all manner of DUI cases in Vista and throughout San Diego and Southern California, including misdemeanor and felony DUIs, and we can advise you on the best defense strategy for your case based on your specific situation. We understand that all Vista DUI cases are different, with unique circumstances that can play a role in prosecution and sentencing, and we will do everything in our power to help you obtain a favorable resolution.

Vista DUI

Driving under the influence of alcohol or drugs (or a combination of any alcoholic beverage or drug) is against the law in every state, but the state of California has some of the toughest DUI laws and penalties in the nation. Even a first-time DUI offense in Vista carries a potential jail sentence and significant fines, among other serious consequences, and if you are convicted of drunk driving, your finances, your freedom and your future could be at risk. Most DUI arrests in Vista are the result of a traffic stop or DUI checkpoint, and if the law enforcement officer who stops you suspects you of alcohol or drug use, he or she may conduct a DUI investigation to determine your level of intoxication, if any.

During a typical DUI investigation, the officer will observe you for signs of intoxication and ask you to submit to a breathalyzer test and/or perform a series of field sobriety tests to assess your balance and coordination. If you take the breathalyzer test and your blood alcohol concentration (BAC) measures 0.08% or higher, you are legally intoxicated, and the officer can arrest you for DUI. So long as you are not under the age of 21 or on probation for a DUI offense, you have the right to refuse the breathalyzer test, but if the officer has other reason to believe you may be under the influence of alcohol or drugs, you can still be arrested for DUI and ordered to submit to a DUI breath or blood test.

DUI – California Vehicle Code § 23152 VC

DUIs in California are governed by California Vehicle Code § 23152 VC, which has two main parts: Vehicle Code § 23152 (a) VC, which covers the unlawful act of driving under the influence of alcohol, and Vehicle Code § 23152 (b) VC, which covers the unlawful act of driving with a BAC of 0.08% or higher. This may seem like two different ways to describe the same crime, but a charge of driving under the influence in Vista is really two separate charges arising from the same unlawful act, and if you are arrested for drunk driving, you can be charged with a violation of both VC § 23152 (a) and VC § 23152 (b).

Penalties for a Vista DUI Conviction

Most first, second and third DUIs in Vista are misdemeanor offenses, punishable by no more than one year in county jail, but under California law, fourth and subsequent DUIs can be prosecuted as felony offenses, punishable by a state prison sentence upon conviction. With this in mind, perhaps the most important fact to understand about drunk driving in Vista is that DUIs are “priorable” offenses, which means the penalties for a DUI conviction increase with each subsequent offense occurring during a ten-year period. The following are the potential criminal penalties associated with misdemeanor and felony DUI offenses in Vista:

First-Time DUI Offense (Misdemeanor)

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

Second-Time DUI Offense (Misdemeanor)

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

Third-Time DUI Offense (Misdemeanor)

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

Fourth & Subsequent DUI Offense (Felony)

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

What to do After a DUI Arrest

Exercise Your Right to Remain Silent

The most helpful thing you can do to protect yourself after being arrested for DUI in Vista is to ask to speak to an attorney and then exercise your right to remain silent. It is normal to want to explain yourself to the police when you have been accused of DUI, especially if your arrest was a misunderstanding or the result of police misconduct, but the Fifth Amendment to the U.S. Constitution protects you from self-incrimination, and only by remaining silent can you avoid accidentally making an admission of guilt to the police.

Contact a Competent DUI Defense Lawyer

Retaining legal counsel is one of the most important decisions you’ll make after your arrest, and when it comes to hiring a knowledgeable DUI defense attorney to represent your case, there is no time to waste. From the date of your DUI arrest, you have only ten days to schedule a hearing with the California Department of Motor Vehicles (DMV) to contest the suspension of your driver’s license, or else waive your right to a hearing, in which case your license will be suspended 30 days after your arrest. If you hire an attorney to represent you in your criminal case, he or she can schedule the DMV hearing for you and appear at the hearing on your behalf.

Vista DUI Defense

As you can see, DUI offenses carry severe penalties in Vista, and if you have been accused of driving under the influence, it is easy to feel like you are fighting an uphill battle. However, just like in any criminal case, you are legally presumed innocent unless proven guilty, and the burden of proof in your DUI case lies with the prosecution. What that means is, in order to get a drunk driving conviction, the prosecutor assigned to your case must prove each element of the DUI crime beyond a reasonable doubt, or to the extent that there can be no other reasonable explanation for the evidence presented at trial, except that you are guilty of the crime. In a simple misdemeanor DUI case, the elements of the crime are as follows:

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

Establishing these elements may seem like a fairly simple task, especially if you took a breath test and it measured 0.08% or higher, but DUIs are not always as straightforward as you may think. In establishing the first element of the crime, for instance, the prosecution must prove that you were, in fact, driving the motor vehicle, in order to find you guilty of DUI. If the arresting officer did not personally witness you driving, the prosecution may not be able to meet its requisite burden of proof and you could be acquitted.

Defense Strategies for a Vista DUI

Facing DUI charges in Vista can be frightening and intimidating, but it is important to remember that a DUI charge is merely an accusation, not a conviction. Just because you have been arrested for DUI does not mean you will automatically be found guilty of the crime and sent to jail. On the contrary, experienced defense lawyers routinely defeat DUI charges and with a competent attorney on your side and a credible defense strategy on the table, you may be able to beat your DUI charges, too. Some possible defenses for DUIs in Vista include the following:

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

How Our Vista DUI Lawyers Can Help

If you are facing DUI charges in Vista, it is your right to represent yourself in court if you so choose. However, unless you have extensive experience and training defending DUI cases and can pinpoint the defense strategy that will give you the best chance of success based on DUI law and the specific circumstances of your case, you will be better served by hiring an experienced attorney who specializes in DUI defense. When you hire our firm, we will review every aspect of your case, give you an honest appraisal of your situation and advise you of your best options in terms of devising a credible defense strategy. We also offer prospective clients a free initial DUI consultation, which means you can have our reputable DUI lawyers evaluate your case with no obligation to hire our firm.

A criminal charge can be a life-changing event, and when that charge is for drunk driving, hiring the right DUI defense attorney can mean the difference between going to jail and walking away with your freedom intact. Any time you are facing charges for DUI in Vista, you need an attorney on your side who has an in-depth understanding of DUI law and the criminal court process, and who has experience dealing with the local judges, prosecutors and law enforcement officers in Vista. At Sevens Legal, our DUI lawyers have more than 40 years of combined DUI defense experience in the San Diego area, and we can help you get the best possible outcome in your DUI case, whether that means a case dismissal, a reduction in charges or a lighter sentence.

Hiring a Vista DUI Defense Lawyer Near Me

If you are convicted of DUI in Vista, the DUI will stay on your driving record for ten years and will count as a prior DUI offense, thereby increasing the penalties for each subsequent DUI that takes place within ten years. Whether you are facing charges for a simple misdemeanor DUI, felony DUI, DUI with injury, or another DUI-related crime, having a skilled Vista DUI lawyer in your corner is the first step towards protecting yourself from the lasting consequences of a DUI conviction. Contact our Vista DUI lawyers at Sevens Legal today to schedule your free initial consultation and DUI case evaluation.