The Chula Vista Law Enforcement Department takes the offense of DUI quite seriously. Therefore, if you have been arrested for DUI, you should expect harsh penalties upon conviction. This is why it is crucial to hire an experienced criminal defense attorney to help you fight your charges.
In this article, we will explain what DUI is, its types, and its penalties. We will also explain how you can fight DUI charges and highlight other related offenses to DUI. If you still have more questions about DUI, we invite you to contact us at the Chula Vista Criminal Attorney for a free consultation.
What is DUI?
The term DUI is an acronym for driving under the influence. California’s DUI primary law is Vehicle Code 23152.
According to California Vehicle Code 23152, it is unlawful to drive while under the influence of drugs or alcohol. Here, drugs mean both illicit drugs and prescription medicine.
California has a blood alcohol content (BAC) limit of 0.08%. If you are found to have exceeded this limit while driving, you will be arrested for DUI. But, note that as long as you are not sober while driving, you may be arrested for DUI.
Types of DUI
In California, DUI is deemed to be a priorable offense. This means that its penalties increase with each subsequent conviction. Therefore, DUI can be categorized as follows:
- First time DUI
- Second time DUI
- Third time DUI
Moreover, DUI is classified as a wobbler. This means that it can be charged as either a felony or a misdemeanor, depending on the prosecutor’s discretion and the unique facts pertinent to your case.
Suppose you caused an accident that resulted in physical injuries to another person while driving under the influence of drugs and alcohol. In that case, the prosecutor will most likely charge you with felony DUI. Because DUI causing injury is typically charged as a felony, it attracts severe penalties upon conviction.
Penalties for DUI
The penalties for DUI vary depending on the type of offense charged. Below, we discuss the penalties applicable for each type of DUI offense comprehensively:
The Penalties for First Time DUI
First-time DUI is categorized as a misdemeanor. You will be charged with first-time DUI if you have been arrested for DUI and you have never been convicted of it before.
The penalties for first-time DUI include the following:
- An informal probation term for 3 - 5 years
- A county jail term of up to six months
- A fine between $390 - $1,000
- An order to attend a DUI school for three or nine months
- An order to install an IID inside your car for six months
- Suspension of your driver’s license for 6 - 10 months
The Penalties for Second Time DUI
Just like first-time DUI, second-time DUI is categorized as a misdemeanor. You will be charged with second-time DUI if you have been arrested for DUI and you have one prior DUI conviction on your record within ten years. The penalties for second-time DUI include the following:
- A summary probation term of 3 - 5 years
- A county jail term of a minimum of four days to a maximum of one year
- A fine between $390 - $1,000
- An order to attend a DUI school for 18 or 30 months
- An order to install an IID inside your car for one year
- Suspension of your driver’s license for two years
The Penalties for Third Time DUI
You will be charged with third-time DUI if you have two prior DUI convictions on your record within ten years. Typically, third-time DUI is charged as a misdemeanor. But, in some instances, the Chula Vista Prosecution Department may charge it as a felony, especially if there are aggravating factors present in your case. If third-time DUI is charged as a misdemeanor, its penalties will include:
- An informal probation term of 3 - 5 years
- A county jail term of a minimum of 120 days to a maximum of one year
- A fine between $390 - $1,000
- An order to attend a DUI school for 30 months
- An order to install an IID inside your car for two years
- Suspension of your driver’s license for three years
- Being designated as a habitual traffic offender by the DMV
The Penalties for DUI with Injury
Just like third-time DUI, DUI with injury can be charged as either a felony or a misdemeanor, depending on the unique facts pertinent to your case. If it is charged as a misdemeanor, its penalties include the following:
- A summary probation term of 3 - 5 years
- A county jail term of a minimum of five days to a maximum of one year
- A fine between $390 - $5,000
- An order to attend a DUI school for three, 18, or 30 months
- An order to install an IID inside your car for six months
- Suspension of your driver’s license for one year
- An order to restitute all the injured parties
On the other hand, if it is charged as a felony, its penalties will include:
- A state prison sentence of a minimum of sixteen months to a maximum of ten years, and an additional and consecutive imprisonment term of a minimum of one year to a maximum of six years
- A strike on your record, pursuant to California’s Three Strikes Law
- A fine between $1,015 - $5,000
- An order to attend a DUI school for 18 - 30 months
- Being designated as a habitual traffic offender by the DMV for three years
- An order to install an IID inside your car for a minimum of two years to a maximum of three years
- Suspension of your driver’s license for up to three years
- An order to restitute all the injured parties
The Penalties for Felony DUI
You will be charged with felony DUI if you have been arrested for DUI and you have three or more prior DUI convictions on your record within ten years. The penalties for felony DUI include the following:
- A state prison sentence of sixteen months, two or three years
- A fine between $390 - $1,000
- An order to install an IID inside your car for a minimum of one year
- Suspension of your driver’s license for up to four years
- Being designated as a habitual traffic offender by the DMV
Additional Probation Conditions
Note that probation is one of the most common punishments for DUI. If the judge sentences you to a probation term, he/she will definitely impose the following conditions:
- Not to drive with any measurable amount of alcohol in your blood
- Not to engage in any additional unlawful activities
- Not to refuse to submit to a DUI test
The following probation conditions are optional, and the judge has the discretion whether or not to impose them:
- Attending Narcotic Anonymous (NA) or Alcoholic Anonymous (AA) meetings
- Participating in Mothers Against Drunk Driving (MADD) Victim Impact Program
- Restituting the victim, if you caused an accident that resulted in injuries to another person
You must observe all the conditions the judge imposed. If you don’t, you will face more penalties for violating probation conditions.
Aggravating Factors that can Increase your Sentence
Certain factors can increase your state prison or county jail sentence. This is regardless of which type of DUI charge you are facing. These aggravating factors include:
- Having a BAC of 0.15% or higher
- Being below 21 years old when you committed the DUI offense
- Refusing to submit to a DUI test
- Driving under the influence while having a child inside your car who is below 14 years old
- Speeding
- Causing an accident
Note that it is within the judge’s discretion to increase your sentence. The length of the additional sentence you will receive will depend on the unique facts pertinent to your case and your criminal history.
Alternative Sentencing Options for DUI
No one wants to end up in state prison or county jail upon being convicted for DUI. This is why you should strongly consider opting for alternative sentencing options, such as:
- Being incarcerated in a private jail
- Residence in a sober living environment
- Cal-Trans Roadside Work
- House arrest or electronic monitoring
- Community service
Most attorneys do not know that these alternative sentencing options exist. This is why it is essential to choose an attorney who has immense experience in DUI cases.
Legal Defenses to DUI
There are several legal defenses that you can use to fight DUI charges. Some of them include:
- You were not under the influence
- Presence of mouth alcohol
- Inaccurate field sobriety test results
- Inaccurate BAC test results
- Rising blood alcohol
- Police misconduct
- Human rights violations
- Hypoglycemia, high-protein diet, or diabetes
Here is a brief explanation of each of them:
1. You were not under the Influence
In a DUI case, one of the main elements that the prosecution must prove is that you were under the influence of drugs or alcohol. Note that the standard of proof in criminal cases is beyond a reasonable doubt. The prosecutor must reach this high standard when proving each element in your DUI case. If he/she fails to do so, you will be acquitted.
To prove that you were under the influence of either drugs or alcohol, the prosecutor will use the following ways:
- Producing evidence showing that you exhibited certain physical symptoms of intoxication
- Producing evidence showing that you failed a BAC or field sobriety test
The following are examples of physical symptoms of intoxication that the prosecutor will rely on to prove that you were under the influence of drugs or alcohol:
- An unsteady gait
- Having an alcoholic odor
- Red eyes
- A flushed face
- Slurred speech
Although these symptoms indicate intoxication, they may as well as be symptoms of another illness or condition. For instance, allergies, eye irritation, fatigue, or cold are common causes of red eyes. Your attorney can help you argue this during the trial.
Remember, the California BAC limit is 0.08%. If you exceed this limit, then the DUI will be deemed 'per se DUI.' This means that the prosecutor does not have to prove that you were under the influence. As long as the prosecutor proves that your test results were accurate, you will be convicted.
In most cases, BAC and field sobriety test results are inaccurate. You can rely on the inaccuracy of these tests to prove that you were not under the influence.
2. Presence of Mouth Alcohol
Before a police officer subjects you to a BAC test, he/she must first observe you for 15 minutes. This way, he/she makes sure that you don't put anything inside your mouth containing alcohol, such as medicines, mouth wash, or drinks. The law enforcement officer also ensures that you don't regurgitate or belch. Often, police officers in Chula Vista don't do so.
The presence of mouth alcohol can result in a falsely high BAC test. BAC breathe testing kits rely on the 'deep lung air' to measure alcohol content. If there is some alcohol residue inside your mouth, it will mix with the 'deep lung air,' resulting in a falsely high BAC test result.
If you believe there was the presence of mouth alcohol when taking your BAC test, you can use this defense to fight your charges. Note that you'd have to demonstrate why there was some alcohol residue inside your mouth for this defense to be successful.
3. Inaccurate Field Sobriety Test Results
If the prosecutor intends to use field sobriety test results to show that you were under the influence, you should strongly consider challenging the accuracy of these results. In Chula Vista, police officers usually conduct the following three types of field sobriety tests:
- The walk-and-turn test
- The one-leg stand
- The horizontal nystagmus test
According to the National Highway Traffic Safety Authority (NHTSA), field sobriety test results accurately predict alcoholic impairment. However, the NHTSA assumes that:
- The police officer administering the field sobriety test has proper training and experience
- The conditions under which the field sobriety test is administered are perfect.
These assumptions are not true, making field sobriety test results highly unreliable. The field sobriety test result may be inaccurate due to various issues, such as:
- Flat feet
- Your natural physical coordination
- Nerves
- Your clothing
- Fatigue
If any of these issues are applicable in your case, you can use them to challenge the field sobriety test results. Your attorney can help you do this.
4. Inaccurate BAC Test Results
Remember, not all BAC test results are accurate. BAC test results can be inaccurate due to various reasons, including improper calibration or general failure of the testing equipment.
To successfully use this defense, you must adduce scientific evidence showing why you believe the BAC test results were inaccurate. Your criminal defense attorney can help you do this.
5. Rising Blood Alcohol
It is not unlawful to drink before driving. What is illegal is being physically impaired with drugs or alcohol while driving.
When you drink, your blood alcohol content starts rising. It usually takes around 50 minutes for your blood alcohol content to reach its peak level. But, sometimes, it can take approximately 2 - 3 hours.
Suppose you are driving when your blood alcohol content is on the rise. In that case, if you are pulled over, and the police start investigating you for DUI, your blood alcohol content may reach its peak level. As a result, your BAC test results will be over 0.08%, and you will be arrested for DUI. In this situation, you can use the defense of rising blood alcohol to fight your charges. You have a valid defense as long as you can prove that you were not impaired while driving.
6. Police Misconduct
During DUI investigations, the police ought to observe certain rules. In most cases, they don’t. For instance, the police officer must comply with the California Title 17 Regulations on Blood and Breath Testing. These regulations provide for the following:
- A 15 minute observation period (as described above)
- Proper administration of DUI tests
- Proper training of personnel who conduct the tests
- Frequent maintenance of the testing equipment
- Proper calibration of the testing equipment
- Proper collection, storage, and handling of test samples
A breach of any of these regulations lowers the credibility of the prosecution’s evidence. As a result, you may be acquitted.
Moreover, a police officer should only motion you to pull over if he/she has probable cause. This means that the law enforcement officer should have a reasonable suspicion that you are committing an unlawful activity. For instance, you might have been speeding or running a stop sign.
But sometimes, a law enforcement officer can flag you down without a valid reason. If this happens to you, your attorney can petition for an expungement hearing. The primary purpose of an expungement hearing is to remove from the court record any evidence that was acquired illegally. In this case, the court will expunge all the evidence that the police officer obtained when he/she pulled you over from its record. As a result, the prosecution will be left with insufficient evidence, and you will be acquitted.
7. Human Rights Violations
Even if you are caught committing a criminal offense, the police should not violate your human rights. Sadly, most of them do so, making human rights violations one of the most common defenses to DUI charges.
Your attorney could petition for an expungement hearing if the police violated your human rights during arrest or the DUI investigation process. During the hearing, you will adduce evidence showing how and when your rights were violated. This may make the court expunge from its record all the evidence acquired when your rights were violated. This will lead to the prosecution being left with insufficient evidence, and you will be acquitted.
8. Hypoglycemia, High-Protein Diet or Diabetes
Certain medical conditions and diets can result in falsely high BAC levels. Medically savvy defense attorneys know this.
Typically, we depend on carbohydrates for energy. However, under certain conditions, our bodies may be deprived of carbohydrates. This is especially if you have hypoglycemia or diabetes or if you are following a high-protein diet.
If your body has insufficient carbohydrates, it will turn to stored fats as a source of energy. It is the liver that will burn up these fats into energy. This process is referred to as ‘ketosis.’
One of the by-products of ketosis is ketones. Ketones have an alcoholic component, and they can largely inflate your blood alcohol content. Therefore, you have a valid defense if you have been arrested for DUI and you have any of these conditions or are under a high-protein diet.
DUI and Related Offenses
Two primary offenses are closely related to DUI: vehicular manslaughter and wet reckless.
You will be charged with the criminal offense of vehicular manslaughter if, while driving under the influence, you caused an accident that resulted in the death of another person. Vehicular manslaughter is categorized as a wobbler. As a misdemeanor, it attracts a county jail term of up to one year upon conviction. The punishment for felony vehicular manslaughter is a state prison sentence of up to six years.
The primary law in California for the criminal offense of wet reckless is California Vehicle Code 23103. According to VC 23103, it is unlawful to drive recklessly while intoxicated. Simply put, wet reckless is a nickname used to refer to the criminal offense that DUI defendants plead guilty to after entering into a plea bargain with the prosecution. Unlike DUI, the criminal offense of wet reckless does not have severe penalties. This is why most defendants accept to plead guilty to it as part of their plea bargain with the prosecution.
Do not confuse wet reckless and dry reckless. While wet reckless involves alcohol, dry reckless does not. Simply put, dry reckless is driving carelessly, but not while intoxicated.
Find a Chula Vista DUI Defense Attorney Near Me
If you or your loved one is facing DUI charges, you will need a highly experienced attorney to help you build a robust defense. We at the Chula Vista Criminal Attorney are here to help you do this.
We will do whatever it takes to ensure you receive the best possible outcome. Call us today at 619-877-6894 for a free consultation.