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Drunk Driving (DUI)
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This page will include the following topics:
THE INITIAL STOP
SYMPTOMS AN OFFICER LOOKS FOR
THE OFFICER NEVER READ ME MY RIGHTS (Miranda)
WHY TWO CHARGES?
PUNISHMENT
WHAT NOW?
The Initial Stop
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If you were only
stopped for a minor traffic infraction, can this give the officer probable
cause to arrest you for driving under the influence?
YES |
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The
original reason the officer stopped you need not be related
to driving under the influence. In fact, routine stops for broken
taillights, out-dated registration or even cracked windshields
have been upheld as sufficient cause for officers in San Diego,
California to detain individuals and then to check symptoms
for driving under the influence. In any given case, however,
there may be grounds to have the case thrown out by the filing
of a motion to suppress the evidence based upon an initial bad
detention.
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Symptoms
an Officer Looks For
Certain symptoms seem to show up
consistently. The following are some examples of what officers look
for even when pulling a driver over:
- Odor of alcohol on breath or person
- Red, watery or bloodshot eyes
- Slurred speech
- Fumbling with wallet to get license and/or
registration
- Staggering out of the vehicle
- Failure to respond to officers directions
- Swaying or stumbling
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The
Officer Never Read Me My Rights (Miranda)
Although you have certain rights upon being arrested
for drunk driving, if you are not advised of these rights by
the officer upon your arrest, the case will most likely not
be thrown out. What is more likely is that the prosecution
will not be able to use any of your answers to questions the
officer asked you after having placed you under arrest.
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Why
Two Charges?
Most individuals charged with driving under the influence
of alcohol are charged with violating both sections 23152(a) and 23152(b)
of the vehicle code.
VC 23152(a) is the traditional offense of driving under the influence of
alcohol and/or drugs. Basically, it means that regardless of the
amount of alcohol you consumed, the alcohol affected your ability to drive
such that you were not able to drive like an ordinary, reasonable, prudent
person who had not consumed any alcohol.
VC 23152(b) is the "per-se" offense. If your alcohol level
is above .08%, you would be guilty regardless of how well you may have
been driving.
However, even though you may be charged with or even convicted of both,
you can only be punished for one.
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Punishment
Generally speaking, a first offense drunk
driving conviction will involve the following:
- $1,500.00 fine
- License restriction
- "Driving Under the Influence" alcohol
program for approximately 60 days
- Mother's Against Drunk Driving (MADD) lecture
- Probation
A drunk driving conviction in San Diego, California may also
involve public work service for high blood alcohol levels,
restitution in accident cases and increased penalties for
prior convictions including jail, license suspension and ignition
interlock devices.
Also, most individuals will find that the biggest financial
cost of a drunk driving conviction will be from increased
auto insurance rates. Depending on your driving record
and how long you've been with your company, there is the potential
they may drop your coverage.
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What
Now?
After being charged with driving under the influence
(DUI), you have only 10 days to contact the Department of Motor Vehicles
(DMV) to set up an administration per se hearing. This will stay
the four-month license suspension. The DMV hearing and suspension
are completely separate from any punishment the court may later impose.
At the DMV hearing, the only questions the hearing officer will decide
are:
- Did the officer have reasonable cause to believe
you were driving under the influence of alcohol or drugs?
- Were you placed under lawful arrest?
- Were you driving a vehicle when you had .08%
or more by weight of alcohol in your blood?
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Please call me
today.
As a drunk driving attorney in San Diego, California
I can help answer your questions and...
may be able to save you from additional headaches.
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