Do you need a DUI Lawyer in San Diego?
What is DUI?
In California, DUI stands for Driving Under the Influence of Intoxicating Liquor or Drugs. The charge, often referred to as DUI, requires the operation of a motor vehicle while your ability to drive is impaired or while your blood or breath alcohol concentration exceeds the statutory limit. Some other states call this charge DWI, which stands for Driving While Intoxicated. Although DUI is often described as "drunk driving," this term is somewhat misleading in that you do not have to be drunk to be considered legally impaired. The lawyers at our San Diego practice understand DUI litigation inside and out, and we may be able to have your charges reduced or even dropped in some cases.
California has two basic "drunk driving" laws, found in Vehicle Code sections 23152(a) and 23152(b)
23152: Alcohol and or drugs: (a). It is unlawful for any person who is under the influence of an intoxicating beverage, or under the combined influence of an alcoholic beverage or drug to drive a vehicle.
23152: Alcohol and or drugs: (b) It is unlawful for any person who has a .08 percent or more by weight to drive a vehicle.
The difference between a misdemeanor and a felony drunk driving charge is: misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to one year in jail, whereas a felony has injury and the penalty could be several years in a state prison.
Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
Often authorities consider the following factors as signs of drunk driving or significant impairment that could lead to arrest or be used as evidence:
- Driving Symptoms -- such as speeding, weaving, failure to drive in one lane, driving with no headlights, or other moving violations.
- Personal Symptoms -- such as slurred speech, bloodshot or watery eyes or the odor of alcohol on your breath.
- Field Sobriety Tests -- there are six common tests like the walk-a-line, stand on one foot, counting while touching your fingers or looking at the eye with a pen light.
- Incriminating Statements -- such as "I only drank 8 beers," "Yes, I was driving" or "Of course I'm drunk" can be used as evidence at trial.
- Blood-Alcohol Evidence -- like a breath test or a blood test may also be admissible in court as evidence.
If you have been charged with drunk driving, your lawyers can challenge the tests that were administered.
Chemical evidence may be challenged on several grounds. When dealing with a blood or breath test, there are three major areas of challenge that are described in more detail in our DUI defenses section:
- The process used for collection of the chemical evidence. Did the police follow the proper policy? Was the test obtained by a qualified officer?
- Issues related to contamination of the collected sample. There are many ways breath tests could be contaminated, thus possibly being inaccurate.
- Control Issues -- Was the machine used to collect the sample working accurately at the time of the tests?
DUI is a difficult crime to understand and it is often difficult to determine whether or not your actions actually were a violation of criminal law. On the 23152(a) charge, there is no clear line people cross to determine whether or not they have had too much alcohol to drive at any particular time. On the 23152(b) charge, some people might be over the limit at the time of the test yet under the limit at the time of driving. As a result, many people who are cited or arrested for "drunk driving" might not be guilty of the DUI crime defined by statute, or there certainly could be "reasonable doubt" as to the facts.
If you have been accused of drunk driving, the experienced lawyers at our San Diego law firm can help you understand your rights and protect you from a possible wrongful conviction. It is possible that the machine used to test your blood or breath was not working accurately. Because this is an important issue, there are numerous laws and administrative regulations that require periodic testing of blood or breath testing devices. The records must be maintained and are available for an experienced DUI attorney to review.
Because people often do not know what to do after the police stop them, they often make unnecessary incriminating statements that are harmful to their case. The police then might attempt to convince you that you are guilty even when you might not have violated one of the statutes.
Procedurally, you should be aware of certain legal rights you have - rights that are often ignored by the police:
- There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
- You should be advised that submission to field sobriety testing, physical (coordination and eye tests) and portable field breath testing is not required by law.
- Once arrested, you must be advised of your constitutional rights - the "Miranda" warning - before any further questioning takes place.
- In California, you must submit to a blood or breath test, but if you refuse you must be advised of the legal consequences (the "implied consent" advisement). Yes, we usually recommend that you submit to chemical testing if it's your first DUI arrest.
- If a breath test is administered at the police station, since the breath sample is usually not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense lawyers. Your request for release could prevent a trip to jail and become important evidence we can use in your defense.
If you have been charged with drunk driving, please contact the criminal defense lawyers at our San Diego law firm to schedule a free consultation.
