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San Diego DUI Punishments

San Diego DUI Punishments

Andrea Schneider is a San Diego DUI Defense Lawyer and she has been an attorney in California since 1992. Andrea will help you with your San Diego DUI.

 

 

If you or someone you know has been arrested for a DUI in San Diego, watch San Diego DUI defense lawyers, Andrea Schneider’s, 22 second video and get your special FREE DUI report.  And call or text Andrea at 619) 518-0476 right now. 

 

Got arrested for a DUI in San Diego?  Now what?

Read this page and see if you understand enough about DUI’s  that you feel you can represent yourself.  San Diego DUI Defense Lawyer Andrea Schneider understands this information, she has represented hundreds of clients accused of a DUI in San Diego, that is why you need her help.  

Call Andrea at (619) 518-0476 or email her at AndreaAttorney@gmail.com

Many of her DUI clients have come back to her for other cases or for expungements.  San Diego DUI Defense Lawyer Andrea Schneider will thoroughly read all reports, talk to you about what you believe happened and handle your case with individual caring.  She will personally work on your case. 

 

Driving under the influence of alcohol and/or drugs (even prescription medication) is a misdemeanor in California. 

Usually, misdemeanors are viewed as less serious crimes and carry lower penalties than a felony.  If you are the one arrested for a DUI in San Diego, it will feel pretty serious to you.  An individual may face time in jail for a misdemeanor, rather than prison for a felony. 

As anyone who has been through the DUI process will tell you, DUI punishments are not fun. A first DUI offense can create severe financial, personal, and professional consequences. Far too often, inexperienced, inattentive attorneys fail to handle their clients cases properly.

San Diego DUI Punishments: 

FIRST OFFENSE of a DUI in San Diego, The Law

In California, a prosecutor can charge an individual for being under the influence of alcohol and/or drugs. California Vehicle Code section 23152 (a) & (b) are misdemeanors and define the alcohol related DUI offenses as:

  • It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
  • It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

What does this actually mean?

Many individuals believe a DUI is just one crime. But, in San Diego, an individual arrested for DUI will typically face two DUI charges.  The arrested party will often hear these charges referred to as the (a) count and the (b) count.

23152(a)

A common misconception is that you cannot be charged with a DUI if your BAC (blood alcohol content) is below .08%. 

In California, you can be charged with a DUI even if your BAC is below .08%.

In order to convict you of this offense, the prosecutor must prove two facts:

You drove a motor vehicle, AND

You were under the influence of alcohol at the time you drove. 

 

So, what does it mean to drive in San Diego, California for the purposes of a DUI? The courts have defined driving as the vehicle moving, no matter how slight the movement.

Typically an officer will observe the vehicle moving, which will satisfy this element. But, courts also permit prosecutors to use circumstantial evidence to prove driving. Circumstantial evidence of driving includes facts that indicate you were driving, such as the engine is on, you are seated in the driver seat, the keys are in the ignition, your head lights are on… As a San Diego DUI defense lawyer, I won a DMV hearing and saved a client his license even though he was behind the wheel on a highway off ramp but had fallen asleep and was sleeping when CHP found him.  

Under the influence.  What does this mean for a DUI in San Diego?
California courts have held that you are under the influence if your physical and mental abilities are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. 

Basically, the prosecutor will use any facts showing you were driving poorly, such as swerving, speeding, an accident, didn’t have your lights on….In San Diego or anywhere in California, you can be convicted of  a DUI even if your BAC meaning blood alcohol content is below .08%.  Did you know that?

If you want to learn even more about San Diego DUI’s get the FREE Special Report that San Diego DUI Defense Lawyer Andrea Schneider wrote for you by entering your information under the yellow box at the very bottom of this page.  

 

23152(b)California Vehicle Code section 23152(b) is commonly referred to as the per se count because the law says you are impaired if you have a BAC of .08 or higher. 

In order to convict you of the per se VC23152(b) count, a prosecutor must prove:

  • You drove a motor vehicle, AND
  • Your BAC was .08 percent or higher at the time of driving. 

The prosecutor must prove that you actually drove your vehicle. But, what does it mean to drive in San Diego or anywhere in California? The courts have defined driving as the vehicle moving, no matter how slight the movement.

Typically an officer will observe the vehicle moving, which will satisfy this element. But, courts also permit prosecutors to use circumstantial evidence to prove driving. Circumstantial evidence of driving includes facts that indicate you were driving, such as the engine is on, you are seated in the driver seat, the keys are in the ignition or your head lights are on….

.08 or Higher at the Time of Driving
Vehicle Code section 23152(b) is a Per Se offense because the law presumes an individual is under the influence if their BAC was .08% or higher at the time of driving. A prosecutor will use a breath or blood test in order to prove your BAC was .08% or higher.

The prosecutor must prove that your BAC was .08 or higher at the time of driving.

Most BAC tests occur thirty minutes or more after you were stopped, so how does the prosecutor prove what your BAC was at the time of driving? 

The law presumes you had the same BAC at the time of driving if the breath or blood test was completed within three hours of driving. But, the prosecutor must prove what your BAC was at the time of driving if the test was completed over three hours after the time of driving.  That is why you need San Diego DUI Defense Lawyer Andrea Schneider.  She has won cases like this.  

Get the FREE Special Report that San Diego DUI Defense Lawyer Andrea Schneider wrote for you by entering your information under the yellow box at the very bottom of this page.  

San Diego DUI Punishments:
First San Diego DUI: PENALTIES
Most first offense San Diego DUIs are prosecuted as a misdemeanor offense. The typical penalties for a first offense DUI in San Diego include:

  1. Up to one year in county jail;
  2. Informal probation for three to five years;
  3. Fines and assessments of $1600-$2300;
  4. A 3 to 9 month DUI Program;
  5. A 6 month to one year license suspension;
  6. Installation of an Ignition Interlock Device for up to three years; and
  7. Insurance repercussions.
  8. The court may also require additional penalties if there are any aggravating factors, such as an accident, high blood alcohol level, high speed, child in the vehicle, among others. For a discussion on the aggravating factors, see the DUI enhancements section.

AND if this is your second or multiple DUI, you can face even harsher penalties. 

Did you understand all of this?  Ready to call San Diego DUI Defense Lawyer Andrea Schneider?  Call 619-518-0476 for a FREE, no obligation consultation.

You can also get the FREE Special Report that San Diego DUI Defense Lawyer Andrea Schneider wrote for you by entering your name and email under the yellow box at the very bottom of this page.  

Call Andrea at (619) 518-0476 or email her at AndreaAttorney@gmail.com

(And of course, this website is just to share information, isn’t meant as legal advice and does not create an attorney/client relationship.  You should always contact an attorney for your specific situation and for more information.)

San Diego DUI Defense Lawyer Andrea Schneider

San Diego DUI Defense Lawyer Andrea Schneider

 

 

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