What is going to happen in my case? That is one of the inevitable questions I get from people who have been arrested for a San Diego DUI. A DUI defense is about examing the facts of the case in depth. It usually requires examing the reports, videos, calibrations, etc. However, when you hear the facts have aggrevating factors you can count on the prosecution making offers with more punishments than standard. What are some of these factors?
Not all DUIs are equal. There is alot of people who just see their BAC number and assume the punishment is set. I have heard some people come in and say, “my BAC is .24%. I heard my friend say I am set to pick up trash for aa few days”. In some cases the BAC number is the defining record. However, in the case above the person had hit multiple vehicles and was belligerent to police. I informed her picking up trash a few days with those facts might be a tall order. They could not get over the fact that their BAC was the same as the other person.
There are other factors that can elevate the sanctions in a DUI. These include:
-Criminal and/or driving history
-A High Blood Alcohol Level (most common aggrevating fact)
-Cooperation with officers
-What was the driving?
-Was there an accident?
-Did they endanger other people?
-Was there children in the car?
Some facts (such as children in the car) come with mandatory enhancemments. It is key to obtain all the aggrevating and mitigating factors in the case. It is a major difference in what sanctions there will be and potentially thousands of dollars in DUI tools such as the interlock device, ankle monitors, etc.
If you are charged with a San Diego DUI or other Criminal offense, you need to call our firm immediately. We are available to take action on your case today. Please email or call us at 858-751-4384 or email me at [email protected] to schedule a free consultation. The key is to be proactive.
If you are charged with a San Diego DUI or other Criminal offense, you need to call our firm immediately. We are available to take action on your case today. Please email or call us at 858-751-4384 or email me at [email protected] to schedule a free consultation. The key is to be proactive.
23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. (b) 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. (c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. (d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 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. (e) It is unlawful for a person who is under the influence of any drug to drive a vehicle. (f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. (g) This section shall become operative on January 1, 2014.
