What is DUI and its possible consequences

What is DUI and its possible consequences

If you require DUI defense in San Diego, call us at (619) 746-8879

The laws in the United States are pretty strict regarding driving under the influence of drugs or alcohol, which is known as “Driving Under the Influence” (DUI) or “Driving While Intoxicated” (DWI).

However, from the moment you are charged with any of these charges in the State of California, you should be considered innocent until the evidence and the prosecutor’s sentence prove otherwise, but why?

There are particular cases in which a DUI charge is filed incorrectly, so it is important, especially if you are an immigrant citizen in the United States, to know what possible consequences you may face if you do not know how to appeal these types of charges.

What consequences can a DUI charge bring?

Each state in the US has different penalties for these charges, so depending on where you are, you should check what penalties you could face if you are charged with a DUI or DWI. However, these are some of the common ones in the State of California:

• Prison: can vary between 6 days and 7 years.
• Fines: from $60 to $50,000.
• Suspension: indefinite suspension of the driver’s license.
• Residency: Loss of US residency.

Additionally, there are additional charges that may apply to the most serious DUI accusations, such as providing community service and/or assistance to a victim if applicable.

It should be noted that all of these penalties will depend on the severity of the DUI charge since each court processes the charges differently, but it is important to note that they only apply if you are found guilty.

How to fight a DUI charge?

There are multiple ways to fight a DUI charge because, although it is not something that happens frequently, it can be dismissed. However, you must research why the case could be dismissed and if it is worth fighting for it:

Reasons for dismissal

All prosecutors can dismiss a case for these reasons:

• Insufficient evidence: Prior to sentencing, it must be proven beyond a doubt that you broke the law. In case of missing evidence suppressed by the lawyer, the prosecution can withdraw the charge.
• Lack of probable cause: Police officers must have reasonable suspicion that you commit or are committing a crime. If the police stop is unjustified, all evidence obtained for the case is illegal and, consequently, is not admissible in court.
• Violation of constitutional rights: The US Constitution protects the rights to: 1. Remain silent; 2. Have legal representation; 3. Protection against illegal searches and/or seizures. If an officer fails to comply with these rights, the case may be dismissed for illegal detention.
• Failures in breathalyzer and/or blood tests: There are cases of breathalyzer tests with defective results due to device malfunction, incorrect administration, or consumption of certain medications. If this is the case, the evidence is invalidated, and the case may be dismissed.

When is it worth appealing?

Now that you know the reasons for dismissal, it does not mean that filing an appeal is a simple job since you must have a solid reason to file the request, and a personal belief about the harshness of a state’s laws is not enough for the appeal, as can be incorrect police procedures, ethical accusations or a biased jury.

How can I fight a DUI?

If you want to dismiss the case, the first thing you should do is contact a lawyer specializing in DUI charges since it is not advisable to fight the charges on your own because you could face more charges and a worse sentence.

In the second instance, they must begin to work on an action plan to proceed to dismiss the case, so you must sit down and talk with the professional to present various dismissal options before the court, such as:

There is no probable cause

Every police stop in the United States must be supported by reasonable suspicion and/or probable cause, as they are common and are considered seizures under the Fourth Amendment.

Based on this, the most common causes for DWI and/or DUI arrests are the NHTSA patterns of inability to drive; speeding or running traffic lights as perceived by the police officer on the part of the driver.

However, if there was no reasonable cause or suspicion for the stop, the defense attorney can present “DUI sobriety checkpoints” to thereby disregard any evidence that was obtained during the legal search.

Incorrect Breathalyzer Test

Contrary to what many believe, DUI breathalyzers do not measure blood alcohol levels directly, as they actually measure the level of alcohol in the arrestee’s breath and then multiply it by the “partition ratio.” Consequently, they assume exhaled breath and blood alcohol ratios of 1:2100.

The problem is that the real variations can range from 1:1300 to 1:3000 depending on various factors: 1. Sex; 2. Weight; 3. Respiratory pattern; 4. Body temperature; 5. Hematocrit levels. Consequently, there can be different problems:

1. Device error margin.
2. Poor maintenance or improper use by the police officer.
3. Intestinal fermentation syndrome.

Intestinal fermentation syndrome

It is an unusual and underdiagnosed medical condition in which ingested carbohydrates are transformed into alcohol thanks to the microbiota present in the gastrointestinal or urinary tract of the individual, which can cause a false positive in the breathalyzer test without having drunk.

This condition does not come from birth, but there are several medical conditions that can cause it, such as Crohn’s disease, diabetes, or short bowel syndrome, since all of them cause an increase in yeast in the intestine, which causes intestinal fermentation.

As a defendant, you can prove that you suffer from this condition as long as you have recognized evidence, and your DUI lawyer can present this argument to dismiss the charge.

Is it expensive to fight DUI charges?

No, but you may think that you can save a little money rather than hiring a lawyer’s service. Still, the reality is that if you decide to represent yourself, your chances of obtaining a favorable result decline considerably since a conviction becomes more likely, leaving you susceptible to:

• An increase in insurance costs.
• Higher judicial costs.
• Transportation fees could result in the complete cancellation of the driver’s license.
• Decreased salary income due to loss of employment due to the sentence imposed.

While these are some of the monetary consequences, it is not exempt from health problems such as anxiety about representing yourself in a court case for the first time. That is why the best option is to hire a lawyer who specializes in DUI since the costs will be considerably lower.

If you want legal representation to fight a DUI charge, contact Kannan Law.