DUI

DMV HEARINGS

After a DUI arrest, you need to deal with the DMV and the potential suspension of your driver’s license.  If you hold a California driver’s license the police usually take it at the time of arrest and issue you a temporary license. The police cannot take a physical driver’s license issued by another state.

If you or your attorney do not contact the DMV within 10 days of arrest to schedule a hearing you forfeit that right and your license will automatically be suspended after 30 days.  There will not be a hearing scheduled if you are arrested for a DUI involving a substance other than alcohol.

If you hire an attorney, they generally conduct the hearing with the DMV on your behalf and they advocate to prevent your license from being suspended.  Evidence gathered by cross–examining your arresting officer or any lab tech who handled your blood test sample and subpoenaing breathalyzer calibration and maintenance logs may reveal mistakes that can positively affect the hearing’s outcome.  If the DMV finds against you, your license is suspended – if not, you are free to continue driving, though conviction later in court could prompt a separate suspension.

DUI LAWS

The law in California forbids people to drive under the influence of alcohol, drugs, or combination of alcohol and drugs.  Drugs include, but are not limited to, legally obtained marijuana, prescription medications and over the counter medicine that impair your ability to drive safely.  You may be charged with driving under the influence for the following reasons:

• You are under 21 and consumed any alcohol
• You are over 21 and your blood alcohol content (BAC) is measured at .08 or above–the legal limit
• You have a commercial driver’s license, and your BAC is at .04 percent or higher in a commercial vehicle such as a truck or bus
• You are showing intoxication due to alcohol, drugs, or any combination of the two 

First time DUI’s are misdemeanors, but penalties can be severe, if you are convicted.  Consequences potentially include:

• Fines plus penalty assessments totaling approximately $2,000
• Informal probation
• Alcohol education classes ranging from 3–9 months
• Community service
• Installation of an ignition interlock device
• A 6 month license suspension
• Upto 6 months in jail depending

A BAC measurement of .15 or higher is considered an aggravating circumstance and may warrant additional punishments upon conviction.

What are the penalties for a second DUI?

A second DUI is a misdemeanor offense that can lead to the following penalties:

• 3 to 5 years of summary probation,
• Up to $2,000 in fines and fees,
• Up to 30 months of DUI school,
• Mandatory installation of an Ignition Interlock Device for one year
• A minimum of 96 hours of jail time, with a maximum of one year.

Additionally, the length and severity of the sentence may depend on whether there are any aggravating factors. For example, if someone gets into an accident while driving under the influence, that will be considered an aggravating factor resulting in a longer sentence than someone who has not had an accident.

Other aggravating factors that may increase the penalties for a second DUI may include:

• being under the age of 21 at the time of the offense,
• driving under the influence with a minor in the vehicle,
• speeding or driving recklessly while under the influence,
• refusing to cooperate with law enforcement,
• driving with a BAC (blood alcohol concentration) of more than double the legal limit.

The exact circumstances of the DUI and criminal history can also play into the severity of the penalties for a second DUI.

How is BAC calculated?

Blood Alcohol content is the concentration of alcohol in a person’s bloodstream, measured using a breathalyzer, blood test, or urine test. A .10% BAC would mean that the concentration of alcohol in a person’s blood supply is one part alcohol per 1000 parts blood. Several factors can impact a person’s BAC, including their body weight, the number of drinks consumed and the timespan over which they were consumed, medication, food consumption, and metabolism, to name a few.

The legal BAC limit for operating a vehicle in the state of California is .08% for people above 21 years of age.

The BAC limit is .01% for anyone that is:

• Under the age of 21.
• On probation due to a previous DUI

The BAC limit is .04% for anyone that is:

• • Driving a vehicle that requires a commercial driver’s license.
  • When a passenger for hire is in the vehicle at the time of the offense.

FELONY DUI

Though most DUI’s charged are misdemeanors, certain facts may warrant charging the offense as a felony. Prosecutors seek felony charges when:

• You killed or injured someone while driving under the influence
• You have a prior felony DUI
• You have 3 previous DUI convictions within the last 10 years

Felony DUI’s are serious offenses with the potential for multi–year driver’s license suspension, high fines, and even the possibility of state prison sentences.  They require a proactive approach by a knowledgeable Santa Barbara DUI defense lawyer, who can develop an effective defense strategy.

LEGAL DEFENSES TO DUI CHARGES

The procedural requirements for law enforcement surrounding DUI arrests make it challenging to beat these charges in Santa Barbara.  However, more defenses may exist than you think.  A knowledgeable DUI defense lawyer seeks defenses for your case in a variety of avenues, including potential procedural, evidentiary, and civil rights violations.  These may include:

• Improper or nonexistent field sobriety test
• Improper reasons for initially pulling you over
• Lack of probable cause supporting the arrest
• The procedure for administering a blood test
• Inconsistencies between the criminal complaint generated and the police arrest report

Christy Horowitz’s dedication to vigorously representing clients helps her capitalize on police errors and secure reductions in charges or dismissals whenever possible.  Her experience as a former prosecutor helps her negotiate on your behalf, to see if treatment options or alternative solutions instead to incarceration exist.