Analytical Essay: Defending Drunk Drivers

DUI Defense is complicated and so is finding a professional defense attorney. The attorneys have a successful, long-standing, history of representing clients accused of felony and misdemeanor DUI charges. DUI charges are reduced or dismissed for many of the firm’s clients.

The common DUI Defenses include: driving erratically, but you weren't intoxicated, exhibiting symptoms of intoxication, but you weren't drunk, and unreliable field-sobriety tests.

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What Is DUI/Criminal Defense Under California Law?

Vehicle Code 23152(a) reads: '(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.' Vehicle Code 23152(a) VC is the California DUI law that makes it a crime to operate a motor vehicle 'under the influence' of alcohol. 'Under the influence' means that your physical or mental abilities are impaired to the extent that you can no longer drive as well as a cautious, sober person. In California, motorists can be prosecuted under this statute, even if their blood alcohol concentration is below 0.08%. First, second and third offense Vehicle Code 23152(a) charges are prosecuted as misdemeanors in California.

Penalties for a DUI conviction include misdemeanor probation, fines, DUI School, a driver’s license suspension, and in some cases jail time and a requirement of installing an ignition interlock device on the offender's vehicle. The top legal defenses to California driving while intoxicated ('DUI') charges fall into three categories: • You weren't intoxicated • Your driving wasn't impaired, and/or • The officer who arrested you for DUI didn't follow proper procedures For example, John is on trial for DUI. Officer Scott, the arresting officer, testifies at his hearing. Officer Scott testifies that, when he pulled John over, he observed that John had a breath that smelled like beer. But on cross-examination by John's Vista DUI defense lawyer, Sheriff Scott admits that he never questioned John about other possible causes. As it turns out, John had a couple of Coronas and several non-alcoholic beers throughout the day, which explains the odor on his breath but was not nearly enough alcohol to make him 'under the influence' for purposes of California DUI law. This fact cast substantial doubt on the assertion that John was under the influence, and prevent the prosecution from getting a guilty verdict in his DUI case. Therefore, a DUI arrest does not have to mean a DUI conviction. Possible DUI Criminal Sentencing for Driving Under the Influence of Alcohol And/ Or Drugs (Vehicle Code Section 23152) The consequences of violating California’s Vehicle Code 23152(a) VC - driving under the influence law, depends on whether you are convicted of your first, second, third, or subsequent offense. Most first, second, and third-time DUIs are misdemeanors. Fourth and subsequent DUIs within a 10-year period are typically filed as felony drunk driving charges in California. Being involved in a DUI causing injury can also influence this determination.

Possible Penalties for a First Time DUI Conviction

According to the California Penal Code, first DUIs are usually considered misdemeanor offenses. When a defendant is convicted of driving under the influence, in California, for the first time, the potential penalties may include: probation for 3-5 years, up to six months in a county jail, between $390 and $1,000 in fines, a three or nine-month court-approved alcohol and/or drug school program (AB541 class), a six- to ten-month driver's license suspension. After a month, you'll often have the ability to receive a restricted license that allows you to drive to essential places like work and school. '. A “restricted license” only enables you to drive during your employment, and to and from work, school, and/or California DUI School. Even if you also serve time in jail, you will usually be hit with three years of probation. As part of your probation order, you'll need to complete the ninety day DUI school program, and if your blood alcohol level were extraordinarily high at the time of your arrest, you'd need to attend a nine-month DUI class.

Penalties Applied For a Second DUI

Conviction In case of a second California DUI conviction within a 10-year period, most prosecutors will charge you with a misdemeanor, unless you hurt or someone was killed while driving under the influence. All of the penalties for first DUIs apply for second DUIs, though most of these penalties become more severe. While the fine for DUI stays the same for both first and second offenses, you could spend up to a year in county jail if you are arrested for DUI again within ten years of your primary offense. When you are convicted of a second DUI charge, the court will suspend your license for two years and after twelve months, may be converted to a restricted license. If you've only been convicted of drunk driving, you can apply for a limited license after 90 days; for instances of drugged driving, however, you'll need to wait a year before you can apply for a restricted license. Most judges order three years of probation for second DUIs. The judge will also decide whether you should attend an 18-month or a 30-month DUI school.

Penalties Applied For a Third DUI Conviction

The California DUI punishment for a third conviction within ten years can include between 3-5 years of probation, a minimum of 120 days to a maximum of one year in a county jail, between $390-$1,000 in fines, completion of a 30-month court-approved DUI school, a 3-year California driver's license revocation which, after 6 months, you may apply for a restricted license and designation as a 'habitual traffic offender' by the DMV. Penalties Applied For Fourth or Subsequent DUI Conviction If you're convicted for driving while drunk for four or more times within ten years, your arrest may be considered a felony offense. Most judges will conclude that you have been given ample opportunities to learn your lesson. While you'll still have to pay a fine of $390-$1,000, you could face up to 4 years in prison, and your minimum jail sentence is 16 months. You'll also be labeled as a 'Habitual Traffic Offender' for three years, and your license will be revoked for four years by the DMV. As a felon, you will lose your rights to own a gun, and you will not be able to vote while you are jailed or on parole. If you've already been convicted of DUI or a related offense three times before, your case will be prosecuted vigorously, and you'll have to mount a strong defense if you want to avoid significant jail time. Instances Under Which DUI in California Can Be a Felony Driving under the influence of alcohol or drugs in California is typically a misdemeanor offense. However, if you hurt or kill anyone else due to your intoxicated driving, harsher penalties may apply, and your offense may be upgraded to a felony. A felony DUI conviction comes with a 16-month to a four-year prison sentence, and an injury DUI can come with fines as high as $5,000. A misdemeanor DUI offense (California Vehicle Code section 23152) usually doesn’t involve any injuries, while a felony DUI offense (California Vehicle Code section 23153) requires someone besides the driver getting hurt or dying. A California drunk driving charge may result in a felony filing if:

1. Your DUI caused injury or death to another When another person suffers injury or death because you drove under the influence, and either committed an additional vehicle code violation or drove in an otherwise negligent manner, California prosecutors can charge you with a felony DUI under:
   1. • Vehicle Code 23513 VC for driving under the influence, causing injury
   2. • Penal Code 191.5(a) for gross vehicular manslaughter while intoxicated
   3. • Penal Code 191.5(b) for vehicular manslaughter while intoxicated, or DUI second-degree murder.
2. You have 3 or more prior DUI convictions within ten years In California, driving under the influence is what's known as a 'priorable' offense. Priorable offenses have stiffer penalties and sentences every time you are convicted for another same or similar offense. If you have suffered three or more prior DUI convictions within the last ten years, and suffer another DUI arrest, you will likely now be charged with a felony DUI in California. Concerning drunk driving, prior offenses include any combination of the following:
   1. • A California DUI
   2. • A California 'wet reckless'
   3. • An out-of-state conviction that if committed in California would be equivalent to a DUI
3. You have at least, one prior felony DUI conviction If you commit a DUI, even a 'simple' misdemeanor DUI with no aggravated circumstances and you have at least one prior felony DUI; you will be charged with a felony. This situation would likely arise if you suffer a DUI conviction and your prior DUI conviction (1) caused injury or death and was charged as a felony, or (2) was charged as a felony because you had multiple DUI convictions.

Hidden Costs Associated With a DUI Arrest

As if the shame and hassle of a drunk driving arrest and conviction aren’t bad enough, a DUI comes with a hefty price tag, too. Your first DUI can cost upwards of $20,000 – and more – even without property damage or anyone harmed. The State of California has a tax, known as a “penalty assessment,” that makes the total about five times that amount. In addition to the fines related to your pending DUI arrest, you'll also need to pay money for a variety of 'indirect costs.' For instance, if you need to have your car towed from the place where you were arrested, you could have to pay over $100. There's also usually an impound fee associated with this tow job, which costs another $100 or more. Your court-mandated Driving Under the Influence treatment program could also cost $600 or more, and the court itself might levy $800 or more in general 'costs' lumped in with your arrest. California also demands that you make a contribution of $500 to a program called the California Victim Compensation Program if you're convicted of DUI, which is a fund that helps people whose lives have been negatively impacted by drunk driving. When you're convicted of drunk driving, your car insurance premiums will also increase substantially since your insurance company will no longer consider you to be a safe driver. You'll have to pay a $125 reinstatement fee when you're allowed to retrieve your driver's license back, and if you have to equip your car with an ignition interlock device, you'll need to pay approximately $2.50 per day plus a $100 installation fee.

What Must Be Proved By the Prosecutor to Be Convicted of DUI?

For a DUI prosecutor to prove that a defendant is guilty of driving under the influence, there are certain criminal elements that a prosecutor must be able to establish beyond a reasonable doubt. If the evidence is weak or the prosecutor is unable to prove each element, the People may be unable to proceed with the charges.

1. The Elements of DUI To establish whether a defendant is guilty of driving under the influence, the prosecution must prove that the defendant drove a vehicle and that he or she was under the influence of drugs or alcohol at the time of driving or had a BAC of 0.08 percent or higher at the time of driving.
2. Proving the Defendant Was Driving In California, the prosecution must show more than mere physical control of a vehicle. In many cases, the arresting officer will personally observe the defendant driving a vehicle. However, in some cases, the officer may not see the defendant drive a vehicle, and the prosecution must be able to prove driving by some other means. The prosecution may rely on witness statements to prove that the defendant was driving or the defendant’s own admission that he or she was driving the vehicle.
3. Proving the Defendant Was Under the Influence at the Time of Driving To be charged with California Vehicle Code Section 23152(b) VC, the prosecution must be able to prove that the defendant was under the influence of drugs/alcohol at the time of driving or had a BAC of 0.08 percent or higher at the time of driving. Often, the prosecution relies on the results of the breath or blood test taken after the time of driving. If the defendant refused to test, the prosecution would have to prove he or she was under the influence with other evidence. This may include proof of the defendant’s driving conduct, performance on the field sobriety tests or other factors that may be taken into consideration.

Common DUI Defenses

• Field sobriety tests aren't reliable: Field sobriety tests, which often involve walking a straight line toe-to-toe or reciting the alphabet backward, can be interfered with by factors other than intoxication. For instance, if you're naturally clumsy, unreasonably nervous, or exhausted, you may be incapable of providing an adequate performance in field sobriety tests even if you didn't take a drink.
• You were driving erratically, but you weren't intoxicated: Sometimes, a California police officer may arrest you for DUI based on erratic driving. However, your driving pattern is not a reliable indicator that you were driving under the influence. The National Highway Traffic Safety Administration (NHTSA) indicates that driving patterns are only predictive of DUIs 35 percent of the time, which means that if your arrest was based mainly on your driving, it might have been invalid.
• Your arresting officer didn't follow the proper procedures: Whether they acted incorrectly when pulling you over, administering sobriety tests, or filing the proper paperwork, it's sometimes possible to have DUI charges dropped. If your arresting officer didn't conduct him or herself properly in the course of your arrest, evidence may be excluded from use in your trial, which could force the prosecutor to drop charges.
• You exhibited symptoms of intoxication, but you weren't drunk: When your arresting police officer pulled you over, they examined you for signs of drunkenness. However, symptoms such as red eyes, slurred speech, and flushed cheeks aren't necessarily signs of alcohol intoxication; they can also be signs of illness, allergies, or fatigue. If your DUI attorney is keen enough, they will also argue that alcohol itself has no odor, thus invalidating the assertion that the officer who made the arrest smelled alcohol on your breath.
• You weren't mentally impaired while driving: When you're drunk, you're almost always both physically and mentally impaired. However, if you don't show signs of mental impairment when you're pulled over by your arresting police officer, you may be able to provide the argument that your physical impairment was caused by something other than alcohol.