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Mark L. Deniz, Esq.

Not all San DIego DUIs are equal. San Diego Driving Under the Influence Attorney Lawyer explains aggravating factors that can increase punishment on a first time DUI driving under the influence arrest.

by | May 12, 2019 | Firm News |

Happy Mothers day.  I got up early and came across an article about a DUI that has aggrvating circumstances.  It was a good topic to discuss.

Not all San Diego 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 San Diego 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.

Here is the article that illustrates an aggravated DUI driving under the influence case.

A Northern California man suspected of driving under the influence spat at police officers when he was being taken into custody Monday evening, according to the Elk Grove Police Department.

Investigators say they found 54-year-old John Chandler off Elk Grove Boulevard near Black Swan Drive behind the wheel with the engine running. Chandler showed signs of impairment, police said.

As officers took Chandler into custody, officials say he resisted and even tried to spit on officers.

Chandler’s booking photo shows him bloodied and wide-eyed with his tongue sticking out.

KTXL later learned Chandler is a teacher at Martin Luther King, Jr. K-8 School in Sacramento’s Pocket neighborhood.

Sacramento City Unified School District spokesman Alex Barrios confirmed Chandler’s employment at the school:
“Personnel matters are confidential. We are not at liberty to discuss them publicly. However, the district is treating this situation with the seriousness it deserves. We are listening and sympathetic to the concerns of parents and are working to address those concerns.”

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.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384.

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