Everything you need to know about DUI
Everything you need to know about DUI
If you require DUI defense in San Diego, call us at (619) 746-8879
The American DUI is one of the most complex laws to understand, not only because there are different levels of severity that can influence the penalties, which are also different depending on which State of the country you are in, but because there are also multiple ways to dismiss a case.
Do you mean DUI laws are flexible? Not at all, since drunk driving in the United States is a serious crime since statistics indicate that drunk drivers cause 29% of fatal accidents, and California is one of the States with the most fatal accidents. In fact, these are the reasons why the fines are so severe since the State seeks to reduce these types of accidents.
What is DUI in the United States?
It is about driving under the influence of substances, and here, we must clarify because it applies to any alcohol, drug and/or medication that affects your ability to drive safely.
It should be clarified that apart from DUI, there are other terms that vary depending on the State:
- OUI: Operating Under the Influence.
- OWI: Operating while intoxicated.
- DWAI: Driving while ability impaired.
Despite having the same name, the truth is that they are applied in the same way, but as we already explained above, they depend on the State where the DUI accused has been arrested.
You were charged with DUI; what should you do?
Any police officer can stop you and conduct an inspection whenever they have probable cause or suspicion that you are breaking any law, such as a DUI.
During the same arrest you may be asked to take a breath or blood alcohol test. In the event that the test returns a positive result, sanctions can begin immediately, such as:
- License suspension.
- Arrest.
- Fine.
The most affected may be undocumented citizens in the United States who have already obtained their driver’s license since the laws are stricter in these cases.
Once the charges have been lifted, you must appear in court and answer the DUI charge, and if you fail to do so, the judge has the power to issue an arrest warrant. The severity of the sanctions may vary if you are found guilty as you will be subject to:
- First offense.
- Previous DUIs.
- Caused damage to third parties.
- Fines.
- Jail.
DUI: Misdemeanor vs Felony Case
Not all DUI cases are treated the same, but if it is the first offense of this nature it can be treated as a misdemeanor. Another positive news is that most states consider any DUI charge minor in the first instance. However, this does not make the sanctions any less harsh:
- From 60 days to 1 year in prison.
- Hundreds of dollars in fines.
- Mandatory community service.
- Alcoholism education classes.
- 3 to 5 years of probation.
- License suspension.
- Restitution for damage to private property.
Another sanction includes installing an ignition interlock device in your vehicle, but also, in cases where DUI is considered a felony, other countries may prohibit your access according to their laws, as is the case in Canada or Australia.
When can a DUI become considered a felony? There are specific statutes in the State of California that detail previous DUI charges for drivers if they have them because while the first and second offenses can be considered a misdemeanor, the third onwards can be viewed as a felony.
BAC can also influence blood alcohol content. Driving with a BAC of 0.08 is a minor offense, but a level of 0.15 can be considered a more severe offense.
Driving with minors under 16 years of age in the vehicle when under the influence of substances can cause some states to consider it a felony since they can accuse you of exposing a child to danger.
Another cause is driving with a restricted, suspended, or revoked license since you would be breaking two laws in this case. Additionally, if you caused harm to third parties, such as bodily injury or death, the charge is considered a felony.
Consequences of DUI Felony
If you are found guilty of a DUI felony, you may be charged with the mandatory use of an ankle bracelet or ignition lock for your vehicle, which you must pay for. This will offer the State the ability to monitor your activities so that you comply with sanctions.
In addition, an appointment with a counselor who will evaluate your behavior may be mandatory to determine if your alcohol consumption can be considered abuse or dependence.
Besides paying for third-party vehicle insurance if you are found guilty, you must retake the driver’s education course and pay the total cost of the fees.
Can a DUI charge be dismissed?
Yes. In fact, there are several ways to dismiss these charges if you were charged with DUI in the State of California, as you have great attorneys you can contact to help you fight, dismiss, and win your case against the DUI charge.
However, it must be clarified that certain circumstances must be considered to obtain the dismissal or elimination of the charge before trial, as long as there is a valid reason to argue and support the withdrawal of the charges.
How to fight a DUI case in California?
If you have hired a lawyer to fight the DUI case against you, you should keep in mind that there are several ways to do it. However, each case is different and the circumstances will be what will contribute to the charge being dismissed. Some of the best defenses are:
Factual issue of officer’s testimony
The officer will be the first witness before the prosecutor in almost all DUI arrests. This is an advantage since the State can dismiss the case if the police officer is not able to testify or, on the contrary, offers false testimony about the result of the intoxication test and the reasons behind it led to the DUI arrest.
You should keep in mind that to determine the veracity of the police officers’ testimonies, they will be questioned by California DUI officers.
DUI Arrest Without Probable Cause
Any car stop and questioning of passengers without probable cause should be considered illegal. All police officers who stop a vehicle on suspicion of a misdemeanor without a predetermined sobriety checkpoint will require probable cause from the prosecutor.
The best lawyers experienced in dismissing DUI cases have a significant success rate in challenging the legitimacy of the arrests and, therefore, dismissing everything that occurred after the arrest as being based on a poor pretext.
Illegally arrested
Poor police attitude during the stop and interrogation process can result in the total elimination or partial reduction of the DUI charge. This may include excessive force, failure to read constitutional rights during arrest, improper application, and treatment of evidence.
Once detained and arrested, you will be given a preliminary hearing before the judge. Such a hearing may occur the next day or within several weeks, but it is important that you are aware of your considerable rights as, if violated, it may provide grounds for dismissal of the case under the Constitution.
Do I need a lawyer to face my DUI charge?
It does not matter whether the charged DUI offense is major or minor, as the rate of cases reduced when led by experienced specialist attorneys at Kannan Law is greater than those led by defendants who choose to represent themselves.
If you want to prepare a successful defense against the DUI charge brought against you, the ideal is to contact a team of expert attorneys willing to work on your case in the State of California.
So contact Kannan Law if you want a lawyer for your DUI case.