Driving Under the Influence Charges in San Diego
While drinking and driving is never a good idea, chances are that you or someone you know will, at some point, get caught drinking and getting behind the wheel.
Drinking and driving penalties in San Diego are steep and it is important to understand the possible consequences and options, should you ever find yourself charged with a DUI.
First Time Versus Subsequent Offenses
First and second time DUI offenses are generally charged as misdemeanors. Despite common opinion, misdemeanors in California can still carry jail time, in addition to penalties and fees. There is also generally a mandatory minimum six month suspension of the driver’s license as well.
The punishment may increase based on the driver’s blood alcohol content, the driver’s cooperation in taking a blood/breath test in the field, if there was a minor in the car at the time the driver was pulled over, and the reason the individual was pulled over (excessive speed, swerving, etc.).
Many first time offenders are eligible for court supervision, probation, DUI school, or other programs which may result in a dismissal of charges upon successful completion of said programs.
Subsequent offenses, however, generally do not allow for the possibility of alternative punishments. Jail time and excessive fees are commonplace, and this is in addition to felony charges that cannot be expunged off of your criminal record.
Felony charges are much more serious than misdemeanor charges, though both may impact your employment opportunities, housing options, educational opportunities, and personal relationships. The likelihood of getting your driver’s license back in a reasonable time frame diminishes the more offenses you have on your record as well, and driving without a license has its own criminal penalties associated with it as well.
DUI Offenses Involving Death or Serious Injury
There are circumstances where even a first DUI offense can have extremely severe consequences.
When a person is driving under the influence and they cause injury to another or damage to property, this is punishable to a greater extent than if the driver had just been pulled over for erratic driving. Recently, a 25-year-old man pled guilty to gross vehicular manslaughter while intoxicated. He will be serving 14 years and eight months in jail, significantly longer than most people who are simply pulled over for drunk driving.
This is a local example of the ways that drunk driving can lead to very serious consequences, regardless of whether it is a person’s first or third DUI offense.
Call Today for an Initial Consultation
Being charged with a DUI offense can be embarrassing, financially burdensome, and humbling. Even one DUI charge may have lasting negative consequences on your life for years to come.
At the Law Office of Vikas Bajaj, APC, we encourage our clients to reach out to us early in the process, ideally right after the arrest. Attorney Bajaj has the experience necessary to navigate a criminal case from start to finish, taking into consideration the client’s personal needs, prior criminal history, and all available options. Contact his San Diego firm to learn more about how to protect your legal rights and preserve your criminal record at (619) 525-7005.
