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What Happens When You’re Pulled Over for a DUI?

During the holiday season, drivers are more likely to have a few drinks and then get behind the wheel of a car. When this happens, it puts the lives of that driver, their passengers, and anyone else on the road at risk of serious injury and even death. In order to combat drunk driving, California imposes harsh penalties and punishments for drivers who are convicted of a DUI. It is important to understand what will happen if you are pulled over on suspicion of driving under the influence.

What Happens When You Get Pulled Over

When you drive a car in California you have a duty to obey traffic laws and operate the vehicle in a safe manner. When you break the law or drive unsafely you may be pulled over by police. In order to pull you over, police must have probable cause that you have broken the law. Anything from a broken tail light, speeding, or weaving between lanes could provide police with authority to execute a traffic stop.

When you are pulled over by police it is important to remain your composure and be polite. Your behavior during this initial meeting will determine how the rest of the stop unfolds. Provide your license, registration, and insurance card to the police officer when they are requested. The police officer may ask you a series of questions about your current state of mind, where you are traveling to and from, and why you are out on the road. These questions are designed to elicit information that will allow the officer to determine if you are impaired.

Even though the situations may be intimidating it is important to know that you have the right to remain silent. There is a fine line between reserving your right to remain silent and being uncooperative with police. If you do not feel comfortable answering a question you can simply indicate that you respectfully decline to answer. Do not be intimidated into saying something out of fear that could be used to incriminate you.

Field Sobriety Testing

If police believe that you have been drinking and are impaired they may ask you to complete field sobriety tests and/or submit to chemical testing. Your refusal to comply with this testing will be used against you and can result in harsher criminal penalties. Field sobriety tests are designed to determine if you are intoxicated and incapable of operating a vehicle safely. These will test your reflexes, balance, and ability to mentally process simple information. Getting pulled over can be a scary and intimidating event. A driver who is yanked out of their car and forced to complete field sobriety tests may be so nervous that the results of the test indicate that the driver is intoxicated. This can be problematic if you were drinking before you drove. This is true even if you are not legally considered to be under the influence of alcohol.

Charges for Driving Under the Influence

There are two primary ways you can be charged with driving under the influence in California. The first is when your blood alcohol content (“BAC”) registers at .08 percent or greater. When this is the case, you will be considered to be legally under the influence of alcohol. The second is when your BAC registers at greater than .04 and the arresting officer has reason to believe you are not fit to operate a motor vehicle. It is in these situations when your behavior will make or break your DUI case. If you are slurring your words, have difficulty concentrating, or are unable to pass the field sobriety tests, the police can use this to support the allegation that you are not fit to drive.

Consequences of a DUI

The consequences of a DUI will depend on whether it is your first offense or a subsequent offense.

First-Time DUI Offenders

A first-time DUI offense is generally a misdemeanor in California. A first-time DUI conviction is punishable by any or all of the following:

  • 6 months in a San Diego County jail;
  • $1,000 in criminal fines;
  • Immediate suspension of your driver’s license for up to 4 months;
  • Installation of an ignition interlock device (IID);
  • Mandatory DUI school;
  • Vehicle impoundment;
  • Probation; and/or
  • Community service.

In addition to these penalties, you may also be required to pay significant fines and fees to reinstate your license, install the interlock device, and regain your driving privileges.

Subsequent DUI Offenders

When you are convicted of driving under the influence multiple times within a ten year period you will face harsher criminal penalties. Many times, first-time offenders will not spend time in jail. However, when you are convicted for subsequent offenses you will be required to spend some amount of time behind bars. Subsequent DUI convictions can be punished by any or all of the following:

  • 1 year in a San Diego County jail;
  • $1,000 in criminal fines;
  • Immediate suspension of your driver’s license for up to 2 years;
  • DUI school;
  • Drug and/or alcohol counseling;
  • Vehicle impoundment;
  • Installation of an ignition interlock device.

Aggravated DUI Charges

Some DUI charges will be aggravated and carry additional penalties, regardless of whether it is a first, second, or third offense. Aggravating factors that can result in Felony DUI charges  include:

  • Driving under the influence of alcohol when you are under 21;
  • Causing property damage while under the influence;
  • Causing great bodily harm or death while under the influence;
  • Driving under the influence with a passenger who is under the age of 16;
  • Refusing to comply with field sobriety testing; and/or
  • Having an extremely high BAC.

What to Do If You Are Arrested for a DUI

The consequences of a DUI are serious. In addition to jail time, fines, and expensive fees, you will also be faced with the immediate loss of your license. The arresting officer will physically remove the license from your possession and notify the DMV of your arrest. You must take immediate action if you want to keep your driving privileges. If you do not request a formal hearing within 10 days you may not be able to get your license back for at least four months. During this hearing, you will have the opportunity to argue your case and fight to get your license back. Your chances of a successful outcome will increase when you hire an experienced DUI defense attorney to handle your case.

Experienced San Diego DUI Attorneys

If you are facing criminal charges for driving under the influence (DUI) it is important to seek legal assistance as soon as you can. Call the Law Office of Vikas Bajaj, APC to learn about how we can help you fight the criminal DUI charges you face. The sooner we can intervene in your case, the greater your chances of securing a positive outcome. Call us today to schedule an initial consultation. We will review your case, explain your rights, and answer the questions you have.

Category:

DUI