fulerton Criminal defense lawyer

Being pulled over on suspicion of Driving Under the Influence (DUI) in California can be a frightening experience. The immediate confusion and anxiety can lead to mistakes that seriously jeopardize your future. Understanding your rights and the potential implications is crucial from the moment you interact with law enforcement.

At Poseidon Defense APC, we frequently guide clients through the complexities of California's DUI laws, offering robust defense strategies for a wide range of charges, from first offenses to felony DUI California.

First, let's clarify: What does DUI stand for? DUI stands for Driving Under the Influence. In California, this is the primary term used, though some states use DWI mean (Driving While Intoxicated) or OWI mean (Operating While Intoxicated). While you might hear "DWI vs DUI," or "DUI vs DWI" used interchangeably, in California, it's virtually always a DUI charge you'll face.

A DUI is generally classified as a criminal offense, and depending on the circumstances, can be either a misdemeanor or a felony. What type of crime is a DUI depends heavily on factors like prior convictions, whether an accident occurred, or if someone was injured.

The primary evidence in a DUI case often revolves around your Blood Alcohol Content (BAC).

• What is the legal alcohol limit in California? For drivers 21 and older, the California legal BAC limit is 0.08%. For commercial drivers, it's 0.04%, and for drivers under 21, any detectable amount of alcohol can lead to a DUI conviction (0.01% or higher). You might ask, "what do you have to blow to get a DUI?" Generally, if your breath or blood test registers at or above these limits, you can be charged.
• What affects alcohol absorption rate? Factors like your weight, gender, metabolism, how much food you've eaten, and even certain medications can influence how quickly alcohol is absorbed into your bloodstream and how long it remains there.
• Implied Consent: As discussed in a previous post, California's implied consent law (What is implied consent in driving?) states that by driving on public roads, you automatically consent to a chemical test (blood or breath) if you are lawfully arrested for a DUI. Refusing this test after arrest can lead to an automatic driver's license suspension by the DMV, separate from any court penalties.

DUI charges in California are primarily prosecuted under the Vehicle Code (VC). Some common Vehicle Code sections include:

• Vehicle Code 23152(a) VC: Driving under the influence of alcohol.
• Vehicle Code 23152(b) VC: Driving with a BAC of 0.08% or greater.
• Vehicle Code 23153 VC: DUI causing injury. This is a felony charge from the outset, significantly more serious than a standard misdemeanor DUI, even a "first-time DUI with accident no injury California" can carry severe implications.

Beyond DUI itself, you might face related charges:

• Vehicle Code 12500(a) VC: Driving without a valid driver's license.
• Vehicle Code 14601.1 VC: Driving on a suspended or revoked license.
• Vehicle Code 22349(b) VC: Speeding (specifically, driving over 65 MPH on a two-lane undivided highway or 70 MPH on a freeway).
• Vehicle Code 22450(a) VC: Failing to stop at a stop sign.

If you're arrested for DUI, the process usually involves:

1. Arrest and Booking: You will be taken to a police station, booked, fingerprinted, and possibly held for a period.
2. Chemical Test: You will be required to submit to a breath or blood test.
3. DMV Action: Your license will likely be immediately suspended by the DMV. You have only 10 days from the arrest to request a DMV Administrative Per Se (APS) hearing to challenge this suspension.
4. Arraignment: This is your first court appearance where charges are formally read, and you enter a plea.

The penalties for a DUI conviction can be severe and escalate with prior offenses:

• Fines and Fees: Significant monetary penalties.
• Jail Time: Ranging from days to years, especially for felony DUIs or repeat offenses.
• License Suspension/Restriction: Your driving privileges will be impacted. A California restricted license may be granted after a suspension, allowing driving only to work, school, or DUI programs.
• DUI School: Mandatory alcohol education programs.
• Ignition Interlock Device (IID): A device installed in your car that requires you to blow into it to start the vehicle.
• Increased Insurance Rates: Your vehicle insurance costs will skyrocket.

Many clients ask, "does a DUI count as a criminal record?" Yes, a DUI conviction will appear on your criminal record. Also, "does a DUI make you a felon?" While a first or second DUI is typically a misdemeanor, a felony DUI (e.g., a fourth DUI within 10 years, or any DUI causing injury) certainly means you could become a convicted felon.

Sometimes, a DUI charge can be reduced to a "wet and reckless vs DUI California" plea bargain. This is a plea to reckless driving with alcohol involvement. While still a priorable offense (meaning it counts as a prior for future DUIs), it often carries lighter penalties than a full DUI conviction, including shorter license suspensions and less jail time. Your DUI attorney can help determine if this is a viable option for your case.

Navigating a DUI charge is complex, involving both criminal court proceedings and administrative DMV hearings. An experienced DUI criminal defense attorney will:

• Challenge the legality of the stop and arrest.
• Scrutinize the accuracy of chemical tests and calibration of equipment.
• Negotiate with prosecutors for reduced charges or alternative sentencing, such as a wet reckless.
• Represent you at DMV hearings to try and save your driver's license.
• Guide you through the entire legal process, ensuring your rights are protected.

Whether you're facing your first offense or are need a multiple DUI attorney , the stakes are high. Don't face a DUI charge alone. Contact Poseidon Defense APC today for a confidential consultation and get the expert legal defense you deserve.