Facing a driving under the influence (DUI) charge can be a daunting experience that carries serious consequences. From potential fines and license suspension to the prospect of incarceration, the aftermath of a DUI arrest can disrupt your life in profound ways. If you find yourself in this challenging situation, it is crucial to seek legal representation.

At Monterey Criminal Attorney, we specialize in providing expert legal counsel to individuals like you who are facing DUI charges. With an in-depth understanding of the state's complex legal landscape and a proven track record of successfully defending clients against DUI allegations, our team of criminal defense attorneys in Monterey is dedicated to safeguarding your rights and ensuring you receive fair treatment under the law.

What is DUI?

Driving under the influence (DUI) refers to the act of operating a motor vehicle while impaired by alcohol. The legal limit for blood alcohol concentration (BAC) in California is 0.08%.

California has stringent laws to address DUI offenses, recognizing the potential risks drunk driving can pose to public safety. Whether you have been stopped at a sobriety checkpoint, pulled over by law enforcement, or involved in an accident, being charged with a DUI can lead to severe consequences that extend beyond fines and penalties.

What the Prosecutor Must Prove

When facing a DUI charge, there are certain elements that the prosecutor must prove beyond a reasonable doubt to secure a conviction. A successful defense hinges on identifying weaknesses in the prosecutor's case and crafting a strategy that challenges their evidence.

You can be acquitted if the prosecutor does not prove any of these elements to the required standard of beyond a reasonable doubt. Below, we list these elements:

  • Driving or actual physical control.
  • Impairment.

Here is a comprehensive discussion of each of these elements:

Driving or Actual Physical Control

One of the fundamental elements that the prosecution must establish in a DUI case is that you were driving a motor vehicle or had actual physical control over it while intoxicated. This element forms the foundation of the case and is crucial for demonstrating your connection to the DUI.

In the context of a DUI charge, "driving" is typically straightforward to understand: it involves operating a motor vehicle in motion. However, what constitutes "actual physical control" can be more complex. It refers to being in a position where you have the capability to operate the vehicle, even if it is not currently in motion. This could include situations where you are sitting in the driver's seat with the keys in the ignition, regardless of whether the engine is running.

Challenging the "driving or actual physical control" element often involves scrutinizing the circumstances surrounding your arrest. You can challenge this element in the following ways:

  • Lack of evidence — If there is insufficient evidence proving that you were driving or in actual physical control of the vehicle, your attorney can argue that this element has not been met. This could include situations where you were found in a parked car, asleep, or outside the vehicle.
  • Witness testimony — Eyewitnesses or bystanders who saw you driving or operating the vehicle can play a crucial role. If there are conflicting accounts or if witnesses are unreliable, this can weaken the prosecutor's case.
  • Surveillance footage — If there is any available surveillance footage from nearby cameras, it can provide objective evidence of whether you were driving or in control of the vehicle at the time in question.
  • Law enforcement observation — Police officers' observations and statements regarding your actions, location within the vehicle, and whether the engine was running can be critical. Inaccuracies or inconsistencies in their accounts can be used to cast doubt on the prosecutor's case.
  • Ownership and access — If you were not the sole owner of the vehicle or if others had access to it, your attorney might argue that you were not the one driving or in control.
  • Medical or mechanical reasons — In some cases, individuals may be found in a vehicle due to medical emergencies, vehicle malfunctions, or other non-intentional circumstances that may challenge the assumption of "actual physical control."

Successfully challenging the "driving or actual physical control" element can significantly impact the prosecutor's ability to prove their case. It is important to remember that DUI cases are nuanced, and the circumstances leading up to your arrest are unique. An experienced DUI defense attorney will meticulously investigate every aspect of your case to build a tailored defense strategy that aims to dismantle the prosecution's arguments and protect your rights.

Impairment

In a DUI case, the second critical element that the prosecution must establish is that your ability to operate a motor vehicle was impaired due to the influence of alcohol, drugs, or a combination of both. Proving impairment forms the core of the case, as it directly addresses whether your state of intoxication was significant enough to impact your driving ability.

To prove impairment, the prosecution relies on a combination of evidence, including the following:

  • Driving behavior — Erratic driving patterns, such as weaving between lanes, abrupt lane changes, or failure to obey traffic signs, can suggest impairment.
  • Physical signs — Police officers often note physical signs of intoxication, such as bloodshot eyes, slurred speech, unsteady movements, and the smell of alcohol or drugs on your breath.
  • Field sobriety tests — Law enforcement may administer standardized field sobriety tests, such as the walk-and-turn or one-leg stand test, to gauge your physical and cognitive capabilities. These tests are subjective and can be challenged based on various factors.
  • Statements and behavior — Anything you say or do during the traffic stop or arrest can be used as evidence of impairment, such as admitting to drinking or exhibiting confusion.
  • BAC results — While blood alcohol concentration (BAC) results are relevant, they are not the sole determinant of impairment. It is possible to be impaired at a BAC below the legal limit or not be impaired at a BAC above the limit.

Crafting a strong defense against the impairment element often involves examining the evidence closely and identifying potential weaknesses, including the following:

  • Medical conditions — Medical conditions, such as allergies, fatigue, or certain medications, can mimic the physical signs of impairment. Your lawyer can argue that these factors influenced your behavior or appearance.
  • Alternative explanations — Non-intoxication factors, such as nervousness as a result of the traffic stop, can impact your performance on field sobriety tests, leading to incorrect conclusions of impairment.
  • Improper testing — If field sobriety tests were administered incorrectly or under adverse conditions (uneven surfaces, poor lighting), their results may not accurately reflect your level of impairment.
  • Rising BAC defense — The "rising blood alcohol" defense suggests that your BAC was below the legal limit at the time of driving but increased by the time of testing due to the absorption of alcohol.
  • Inaccurate observations — Officers' perceptions and subjective judgments can be challenged, especially if no evidence supports their claims of impairment.

A DUI defense attorney will meticulously dissect the evidence related to impairment in your case. The goal here is to identify any factors that could weaken the prosecutor's arguments and create doubt about your alleged impairment.

Types of California DUI Charges and Their Penalties

In California, there are various types of DUI charges that individuals can face, each with its own specific circumstances and potential consequences. Here are the types of DUI charges in California:

  • 1st offense DUI.
  • 2nd offense DUI.
  • 3rd offense DUI.
  • 4th offense DUI.
  • DUI causing injury.
  • Commercial DUI.

If you are facing any type of DUI charge, it is crucial to consult with a knowledgeable DUI defense attorney who can guide you through the legal process and protect your rights. Here is a brief discussion of each of these DUI charges:

1st Offense DUI

A 1st offense DUI refers to a situation where an individual is charged with driving under the influence (DUI) of alcohol or drugs for the first time within a 10-year period. This charge is set out under California's Vehicle Code, specifically sections 23152(a) and 23152(b).

Facing a 1st offense DUI charge can lead to a range of legal consequences, which can include the following:

  • License suspension — The Department of Motor Vehicles (DMV) will initiate an administrative license suspension process that can result in the suspension of your driver's license for up to ten months.
  • Fines — A conviction for 1st offense DUI can lead to substantial fines ranging from $390 - $1,000.
  • Probation — You may be placed on probation, during which you must adhere to certain conditions, such as attending alcohol education programs, avoiding further criminal activity, and potentially submitting to alcohol or drug testing. The probation term may range from three to five years.
  • Alcohol education programs — As part of your probation, you will likely be required to attend a DUI education program for up to nine months. The length and intensity of the program will depend on the specifics of your case.
  • Insurance premium increases — A DUI conviction may lead to higher auto insurance rates, making it more expensive to maintain coverage.
  • Possible jail time — The judge may impose a county jail term of up to six months.

Even for a 1st offense DUI, seeking legal representation is crucial. An experienced DUI defense attorney can help you understand your rights, explore potential defense strategies, negotiate with the prosecution for possible reduced charges, and guide you through the legal process.

2nd Offense DUI

A 2nd offense DUI in California represents a more serious legal situation than a 1st offense. This charge arises when an individual is arrested for driving under the influence (DUI) of alcohol or drugs and has a prior DUI conviction within a 10-year period.

The legal implications of a 2nd offense DUI are more severe. Facing a 2nd offense DUI charge can lead to escalated penalties, including the following:

  • Extended license suspension: The DMV may impose a longer administrative license suspension for up to two years, further impacting your ability to drive legally.
  • Mandatory jail time — A conviction for 2nd offense DUI typically carries mandatory county jail time of a maximum of one year.
  • Fines — The judge may impose a $390 - $1,000 fine.
  • Probation — Similar to a 1st offense, you may be placed on probation, which comes with conditions such as mandatory alcohol education programs, submitting to alcohol or drug testing, and avoiding further criminal activity. The probation term may range from three to five years.
  • Alcohol education programs — You may be required to attend a more intensive and longer alcohol education program compared to a 1st offense, which may be up to 30 months.
  • Impact on insurance — A 2nd offense DUI conviction can lead to substantial increases in auto insurance rates, making it more challenging and expensive to maintain coverage.

For a 2nd offense DUI, securing experienced legal representation is vital. A knowledgeable DUI defense attorney can guide you through the legal process, evaluate the evidence against you, and formulate a strategic defense tailored to your case. With their expertise, you can make informed decisions, understand your rights, and work towards achieving the best possible outcome, even in the face of more severe penalties.

3rd Offense DUI

A 3rd offense DUI in California represents a significant escalation in the legal consequences compared to previous offenses. This charge arises when an individual is arrested for driving under the influence (DUI) of alcohol or drugs and has two prior DUI convictions within a 10-year period.

The penalties for a 3rd offense DUI are more severe and include the following:

  • Longer license suspension — The Department of Motor Vehicles (DMV) may impose an extended administrative license suspension period for up to three years.
  • Mandatory jail time — A conviction for 3rd offense DUI typically leads to mandatory county jail time, which can range from 120 days to a year, depending on the specifics of the case.
  • Fines — The judge may impose a fine of between $390 - $1,000.
  • Probation and conditions — Probation will likely be imposed, with conditions such as mandatory participation in an extended alcohol education program for up to 30 months, submission to alcohol or drug testing, and avoiding further criminal activity. The probation term may be for up to five years.
  • Impact on insurance — Auto insurance rates can skyrocket after a 3rd offense DUI conviction, making it much more expensive to maintain coverage.
  • Designation as a habitual traffic offender by the DMV

For a 3rd offense DUI, the need for experienced legal representation is paramount. An experienced DUI defense attorney can navigate the complexities of your case, help you understand the legal landscape, and formulate a defense strategy tailored to your unique situation. With their guidance, you can make informed decisions, protect your rights, and work towards mitigating the severe consequences associated with a 3rd offense DUI charge.

4th Offense DUI

This charge arises when an individual is arrested for driving under the influence (DUI) of alcohol or drugs and has three prior DUI convictions within a 10-year period. 4th offense DUI is typically charged as a felony.

The penalties for a 4th offense DUI are significantly heightened and can include the following:

  • Prolonged license suspension — The Department of Motor Vehicles (DMV) may impose an extended administrative license suspension period for up to four years or permanently.
  • Extended imprisonment time — A conviction for 4th offense DUI typically results in mandatory prison time for 16 months, two or three years.
  • Substantial fines — Fines for a 4th offense DUI are substantially higher than those for previous offenses and may be up to $10,000.
  • Probation with stringent conditions — Probation will likely be imposed, accompanied by strict conditions such as mandatory participation in a long-term alcohol education program for a maximum of 30 months, frequent alcohol or drug testing, and avoiding any further criminal activity. The probation term may be up to five years.
  • Impact on insurance — Auto insurance rates can escalate dramatically following a 4th offense DUI conviction, making it significantly more expensive to maintain coverage.
  • Designation as a convicted felon.
  • Designation as a habitual traffic offender by the DMV.

For a 4th offense DUI, seeking experienced legal representation is paramount. An accomplished DUI defense attorney can guide you through the complexities of the legal process, help you understand the potential consequences, and devise a defense strategy tailored to your unique circumstances.

DUI Causing Injury

Driving under the influence (DUI) causing injury is a serious offense in California that carries significant legal consequences. This charge arises when an individual is driving under the influence of alcohol or drugs, and their actions result in injuries to another person.

This offense is covered under California Vehicle Code Section 23153. DUI causing injury is categorized as a wobbler. This means the prosecutor can charge it as a felony or misdemeanor, depending on the circumstances of your arrest and your criminal history.

The penalties for misdemeanor DUI causing injury include the following:

  • A summary probation term of a minimum of three years and a maximum of five years.
  • A county jail term ranging from five days to one year.
  • A fine ranging from $390 - $5,000.
  • An order to attend a DUI school for 18 or 30 months.
  • A driver’s license suspension period for up to one year.
  • Restitution to all injured parties.

On the other hand, the punishments for felony DUI causing injury include the following:

  • A state prison sentence for up to ten years. The judge may lengthen this prison term depending on how many people you have injured and the extent of their injuries.
  • A “strike” on your record pursuant to the California Three Strikes Law.
  • A fine ranging between $1,015 - $5,000.
  • An order to attend a DUI school for 18 or 30 months.
  • Being designated as a habitual traffic offender for three years.
  • A driver’s license suspension period for up to four years or permanently.
  • Restitution to all injured parties.

Commercial DUI

A commercial DUI charge in California carries unique implications due to the involvement of commercial drivers who operate large vehicles for a living. Commercial DUI, also known as CDL DUI, occurs when a driver holding a commercial driver's license (CDL) is arrested for driving under the influence of alcohol or drugs while operating a commercial vehicle.

Given the potential impact on careers and public safety, defending against commercial DUI charges requires specialized legal expertise. The legal consequences of a commercial DUI charge can be severe and include the following:

  • CDL suspension — A commercial DUI arrest triggers an automatic administrative suspension of the driver's commercial driver's license for at least one year.
  • Permanent disqualification — Conviction for a commercial DUI can result in a permanent disqualification of the CDL, effectively ending the individual's career as a commercial driver.
  • Jail time and fines — Commercial DUI convictions can lead to jail time of up to one year and a fine of up to $1,000.
  • Mandatory attendance in a DUI school for up to 36 months.
  • A summary probation term for up to five years.

Commercial drivers are held to a stricter standard when it comes to blood alcohol concentration (BAC) limits. The legal limit for CDL holders is generally lower than that for non-commercial drivers (0.04% BAC for CDL holders vs. 0.08% BAC for non-commercial drivers).

A CDL DUI conviction can result in unemployment and significant financial hardship for individuals whose livelihood depends on driving commercial vehicles. Seeking experienced legal representation is crucial to protecting your CDL, livelihood, and rights.

Find a Monterey DUI Defense Lawyer Near Me

Facing a DUI charge can be overwhelming, but you do not have to navigate this challenging journey alone. At Monterey Criminal Attorney, we understand the uncertainty and stress that come with a DUI arrest. Our experienced team of DUI defense attorneys is here to guide you through every step of the legal process, providing you with knowledgeable and dedicated representation.

Whether you are dealing with a 1st offense DUI, a 4th offense DUI, a commercial DUI, or any other type of DUI charge, we have the expertise to craft a tailored defense strategy that addresses your unique circumstances. Call us today at 831-574-1791 for a free consultation.