You can hire our best DUI lawyer in El Cajon, CA, who will defend you vigorously. Their defense strategy includes facts and actual circumstances, so the court dismisses the allegations. Unfortunately, the dangers of drinking are harming society. A DUI has tragic results for the victims, families, and defendants.
The prosecution will charge you with a DUI under CVC Section 23152a, and CVC Section 23152b talks about a BAC of 0.08&. However, the BAC level for commercial drivers, bus drivers, and heavy operators is 0.04%. If the officers catch a minor driving under the influence, they have less rights as an adult.
What are your rights when an officer stops you with a DUI?
Police and other agencies can stop your vehicle on probable cause. In addition, the agencies can stop you at any DUI checkpoint. Furthermore, they can arrest you if the driver is not listening. According to our DUI lawyer in El Cajon, CA:
- Firstly, the individual must present their driver’s license, proof of insurance, and registration. However, they are not liable to answer any questions the officer asks. Therefore, you can politely decline inquiries even if you have been drinking. Also, there is no need to share your destination.
- Secondly, the officer cannot coerce you to perform Field Sobriety Tests. The agencies are aware of balance tests and coordination practices that can separate sober individuals from alcohol-impaired ones. Therefore, many plausible reasons are present for a driver who did not perform well on the tests that the officer suggested.
- Also, it is acceptable for the individual to decline the portable breath test. In addition, the portable breath test results are not valid in court because they lack accuracy.
- Instead, the driver can request a blood test in place of a breath test.
- In addition, the client has the right to take a blood test after the breathalyzer if the officer insists.
- The officer must inform you of the FST rights and the PBT tests.
- The client must communicate to the DUI lawyer in El Cajon, CA, that the officer informed the consequences of the BAC chemical test. It can result in the DMV suspending your license for one year.
- The driver has the option not to talk to a DUI lawyer in El Cajon, CA, before they decide to take the BAC test.
- The DUI lawyer in El Cajon, CA, or the DMV must file an appeal within ten days from the arrest date.
What if you refuse the BAC?
If the individual refuses to test, they will face enhanced punishments. Furthermore, the judge can suspend the license as well. On the other hand, the officers must respect your boundaries if you refuse to:
- Answer questions
- Perform tests
- Or do anything that incriminates you in the eyes of the law.
Which defenses does our DUI lawyer in El Cajon, CA, use?
Our DUI lawyer in El Cajon, CA, will have a detailed meeting with the client. They will examine the results and present the different defenses that they may use in court. Have a look below:
- Foremost, the DUI lawyer in El Cajon, CA, will challenge the breathalyzer results. There are numerous reasons why the equipment will indicate an alcohol content of more than 0.08%.
- In addition, the lawyer can argue the reasons the officer arrested their client.
- The individual was not driving the vehicle.
- Also, the DUI lawyer in El Cajon, CA, will insist the BAC level was permissible at the time of diving. It is possible if the client is on remote routes to remote destinations.
- The officer arrested you unlawfully.
- The officer performed the vehicular search. As a result, they violated the client’s rights with an unreasonable, time-consuming process.
- The officers violated the DUI checkpoint protocols. They did not respect the guidelines.
- The DUI lawyer in El Cajon, CA, can also present evidence that the lab and the technician compromised the blood sample. As a result, the BAC results are compromised.
- The lawyer will collect testimonies about their client’s behavior, conduct, and drink to build a solid defense.
What are the different BUI penalties in El Cajon, CA?
The DUI lawyer in El Cajon, CA, will share the penalties if you are a first-time offender. You may expect the following from the court.
- Firstly, you will spend 48 hours in jail as probation. The probation period is six months if the circumstances are severe.
- The court will impose a fine of $390 to $2000 after assessing the costs.
- Also, you may face a summarized probation of three years.
- The court can suspend the license for six months and one year if the defendant refuses to perform a BAC test.
- Lastly, the individual can expect a 3-month DUI program or nine months in jail if the BAC is 0.2%.
The court will impose enhanced penalties in the following circumstances. Thankfully, our DUI lawyer in El Cajon, CA, is there to represent your case.
- Firstly, the individual’s BAC was 0.2%
- Secondly, the individual was driving more than 20 mph than the speed limit.
- The individual had a minor 14 years old or someone younger in their car.
If the DUI offenses become frequent, the judge will decide on aggravated punishments. They will increase the jail time, suspension period, fines, DUI probation, and license suspension. In addition, the court can send the convicted to jail for 16 months to 3 years.
Call our DUI lawyer in El Cajon, CA, today.
If the agencies charge you with a DUI the fourth time, the prosecution will add felony to the crime sheet. Therefore, call our DUI lawyer in El Cajon, CA today. They will prevent the charges from aggravating.