DUI Charges and Their Penalties
Under California Vehicle Code 23152, DUI cases are defined as misdemeanor cases. The filing of additional criminal charges can complicate your case, increasing the severity of the charges and their associated penalties. The most common DUI offenses you may be charged with are:
First-Time DUI: Without any priors within the past ten years, the driver of a motor vehicle was either under the influence of alcohol or drugs (Vehicle Code sections 23152(a) and (e) respectively) and/or they were driving with a .08 or higher blood alcohol content (Vehicle Code section 23152(b).
Commercial DUI: Drivers with a Class “C” license may be charged with Commercial DUI, a different DUI charge which carries increased penalties, including a mandatory one year suspension of the commercial privilege for a first time DUI offense and a lifetime ban on the ability to obtain/maintain a commercial license when there are 2 or more DUIs.
Probation Violation: Drivers arrested for DUI while actively serving a probation term for previous DUI offense are subject to increased sentencing penalties. New DUI offenses are violations of probation, and offenders are subject to harsher punishments by the court. Even if the probation was not DUI-related, picking up a DUI while on probation will violate the terms of any court-ordered probation.
DUI with Children Passengers: If you are arrested for DUI with a child passenger you will likely be charged with a separate misdemeanor or felony offense of child endangerment. As an alternative, you may be charged with a sentencing enhancement to the DUI which would mandate jail time if convicted.
DUI causing Injury: If, while under the influence of alcohol or a controlled substance, you commit a DUI offense resulting in any injury to another person, you may be charged with DUI Causing Injury under California Vehicle Code 23153. DUI with injury requires mandatory jail time if convicted, as well as at least a one year hard suspension of your driving privileges. In the event “great bodily injury” (GBI) is pled and proven, you would be facing up to seven years in state prison and would be subject to having a strike felony conviction on your record. In the event of a death, your charges may be upgraded to vehicular manslaughter or even second degree murder (assuming a prior DUI).
DUI cases are not cut and dry. Instead, they involve many complicating factors. The factors associated with the DUI incident itself, your prior criminal history (if any), and the strategy taken by your attorney for your DUI defense will all affect your case’s outcome. At the Law Office of David P. Shapiro, we know California DUI law, and we have the experience and knowledge to defend DUI cases as we have successfully been defending those charged with DUIs for over a decade.
Defending Against DUI Charges in San Diego
If you have been arrested for DUI, chances are you have already suffered. Jail time, missed work, and family consequences may only be the beginning. Without a successful defense strategy, you might also:
- Attend mandatory classes, counseling, and other educational sessions
- Lose your driving privileges (temporarily, or even completely)
- Be ordered to pay hefty court fines and fees
- Spend an extended amount of time in jail or prison
We will investigate every aspect of the prosecution’s case, exploring all possible opportunities to reduce or eliminate your charges. This will include investigations into the legality of any:
- Breathalyzer results
- Field sobriety test (FST) results
- Testimony from any arresting officers or drug recognition experts
- Causation (in a DUI case involving Great Bodily Injury it must be proven the driver was directly responsible for the injury, to be convicted)
Act now. Call the Law Office of David P. Shapiro today and take control of your defense strategy. A DUI conviction comes with incredible social, professional, and monetary consequences. We believe that NO two cases are ever alike. No DUI case is ever “open and shut”. You deserve quality legal representation in the courtroom – do not be intimidated into accepting a plea bargain!
You have questions, we want to give you the answers. Call 619-295-3555 and schedule your free DUI case evaluation. You are innocent until proven guilty. Call today!