If you see your misdemeanor driving under the influence (DUI) arrest as a minor offense, consider its long-term ramifications. A DUI conviction can appear on your criminal record and keep you from enjoying your life to the fullest extent. Alternatively, a San Diego misdemeanor DUI lawyer can help you fight back against your charge and avoid a conviction.
Trust a San Diego DUI lawyer to serve as your legal representation. Los Angeles DUI Lawyer can connect you with an attorney who has handled thousands of cases and knows how to defend clients against criminal convictions. Contact us today.
What You Need to Know About Misdemeanor DUIs
A misdemeanor refers to a criminal offense. It is considered to be less severe than a felony, which is classified as a serious crime. Driving under the influence is generally treated as a misdemeanor under the following circumstances:
- The crime is the first, second, or third such offense in 10 years.
- No one was injured when the offense occurred.
- The driver was not convicted of a felony DUI previously.
A San Diego misdemeanor DUI attorney can explain the short- and long-term impact of a driving under the influence conviction. Your lawyer can provide insights into what happens with a misdemeanor DUI and steps to contest your charge.
San Diego Misdemeanor DUI Penalties
A misdemeanor DUI lawyer serving San Diego understands how a conviction can affect you. They can teach you about California DUI penalties and how they relate to your case. If convicted of a misdemeanor DUI, you could receive:
Jail Time
You could be subject to a maximum jail sentence of 12 months. Your lawyer works diligently to find ways to help you avoid jail for a DUI. As part of their efforts, they could negotiate a plea deal in which you agree to a lesser charge and do not have to serve a jail sentence.
Fines
A misdemeanor conviction can leave you with fines totaling up to $3,000. The financial ramifications of your conviction can linger. For example, if you apply for a high-paying job, your conviction could show up on a background check and prevent you from landing this role.
Probation
The court could punish you with informal probation for three to five years. If you are on this type of probation, you must appear in court on designated days and comply with other terms. A misdemeanor DUI attorney serving San Diego can answer your questions about formal vs. informal probation in California and how they differ.
Enrollment in a DUI Education Program
You could be ordered to attend a DUI education program for up to 30 months. This program can include group counseling, community service, and alcohol and drug education. It is intended to help DUI offenders change their behaviors so they will not be convicted of driving under the influence again.
Ignition Interlock Device (IID) Installation
Based on your conviction, you could have to put an interlock ignition device in your car for two years. To drive after convictions, the court can require DUI offenders to install interlock ignition devices in their cars. If an IID detects alcohol on a driver’s breath, this individual will not be able to start their vehicle.
Driver’s License Revocation
Expect your driver’s license to be revoked for up to three years following your DUI conviction. After 18 months, you could qualify for a restricted driver’s license. You can apply for this license through the California Department of Motor Vehicles (DMV).
In addition to the above penalties, keep in mind that your conviction can impact the way family, friends, and others treat you. It can also keep you from buying a house and achieving other life goals.
San Diego Misdemeanor DUI Legal Strategies
Think twice before you accept the consequences of your driving under the influence charge. Partner with a San Diego, CA misdemeanor DUI lawyer, and they can dispute the prosecution’s argument. Here are DUI strategies your attorney could consider.
No Probable Cause
The police pull your car over and arrest you for driving under the influence. Police officers do these things for no apparent reason. There must be probable cause in a California DUI case—if the police had no reason to stop your vehicle, the court could dismiss your case.
Mouth Alcohol
You are dealing with a medical condition that could have caused mouth alcohol to be present when the police conducted your breathalyzer test. In this scenario, your attorney could use a mouth alcohol defense to show that your test result may be inaccurate.
Your lawyer can share details about what mouth alcohol means in a DUI case and if this strategy is a viable option.
Bad Driving
Poor driving does not necessarily warrant a driving under the influence arrest. Your lawyer could argue that sober people commit most traffic violations and raise doubts about whether you were actually driving your car under the influence. This could prompt the prosecution to propose a dry reckless plea bargain.
Your Intoxication Symptoms Are Not the Same as Driving Under the Influence
Police officers could say you had red, watery eyes, slurred speech, and other symptoms to indicate that you were driving your car under the influence. Your lawyer can show that these and other symptoms are associated with a wide range of medical conditions. They could compel the court to believe you were not under the influence at the time of your arrest.
No 15-Minute Observation Before Your DUI Breath Test
In California, police officers must observe a person for 15 minutes before they administer a DUI breath test. Your attorney could highlight how the police performed your breath test without observing you for 15 minutes prior. This could cause the court to question your test result to the point where the charge against you is dropped.
Not Driving
You were sitting in the driver’s seat of your car, and the vehicle was parked when the police arrested you for driving under the influence. Your lawyer could prove you were not driving your vehicle. As such, they could show the court that you should not be punished for a DUI.
Your Diet Impacted Your Blood Alcohol Concentration (BAC)
A high-protein or low-carb diet can drive fat loss and the release of ketones, which are chemicals similar to isopropyl alcohol. A DUI breath test can detect ketones and inflate your blood alcohol concentration.
Your lawyer can share information about your diet and how it could have triggered the production of ketones and led to an incorrect BAC reading.
No Miranda Warning
Police officers arrest you for driving under the influence, bring you in for questioning, and do not tell you that you have the right to remain silent. The police have to read your Miranda rights at a DUI arrest. Your lawyer could argue that you never received your Miranda warning and that evidence the police gathered during their questioning should be suppressed.
A San Diego, CA misdemeanor DUI attorney tailors your legal defense to your case. They account for how the prosecution will argue against you. This helps your lawyer prepare an argument that will resonate with the court.
Tips to Help With Your Misdemeanor DUI Case
If a driving under the influence charge feels like the end of the world, remember, you have options. A misdemeanor DUI lawyer serving San Diego, CA addresses your legal challenges. They can share tips to help you during the legal process, such as:
Remain Calm
Do your best to avoid panicking and making any rash decisions. Keep the lines of communication open with your lawyer, as they can help you avoid legal mistakes. Take care of yourself, sign up for professional counseling if you feel it can benefit you, and continue to live your life as best as you can.
Do Not Share Information About Your Case Online
Make your online profiles private, and be cautious as you decide what to publish online. The prosecution could view your profiles on X, Facebook, and other social media websites as they build their case. If you post photos or videos relating to your charge, these could be used as evidence against you.
Do Not Speak to the Police
Allow your lawyer to handle your case communications. If the police or anyone else contacts you about your case, tell your attorney. From here, your lawyer can speak about your case for you and keep you updated about all relevant conversations.
Collect Evidence
Work with your lawyer to find proof to support your case. Dashcam footage, breathalyzer calibration and maintenance records, and other evidence can make a world of difference relative to your case. Your body of proof can make it difficult for the court to convict you.
Join a Support Group
Attend alcohol support group meetings, as the benefits of doing so can be significant. The meetings could help you as you go through an emotionally taxing time in your life. At the same time, they can show the court that you are taking your DUI charge seriously and doing your part to avoid similar problems down the line.
Prepare for Your Trial
Discuss what your trial entails with your lawyer. Together, you and your attorney can make sure you are ready for your trial. When you enter the courtroom, you can feel confident about your case and that your lawyer will protect your legal rights and best interests.
Be Open to a Plea Deal
Give a plea deal the attention it deserves. You are not legally obligated to approve a plea agreement. If you decide a plea agreement is insufficient, you can reject it and continue with your litigation.
The legal process can be overwhelming, and you may be worried about what will come up along the way. Your attorney wants you to accomplish your desired case result. They remain accessible and will assist you in any way they can during your case.
How Does a Misdemeanor DUI Plea Bargain Work?
With DUI plea bargains, defendants can resolve their cases without a trial. A plea deal requires you to say you are guilty of a crime with minor penalties in comparison to those of a DUI. Thus, the deal could allow you to stay out of jail and keep your freedom.
A misdemeanor DUI attorney serving San Diego, CA will let you know if the prosecution proposes a plea deal. Getting a plea agreement and accepting one are two different things. If you are offered a plea bargain, review it with your lawyer, weigh its pros and cons, and make an informed decision about it.
If no plea deal is offered, you and your lawyer can continue with the legal process. Your attorney makes sure you are prepared for your trial. They can address your legal concerns and questions at each stage of your case proceedings.
Talk to San Diego Misdemeanor DUI Lawyers About Your Case
You want your misdemeanor driving under the influence charge to disappear, but this will not happen. Fortunately, legal help is available. San Diego misdemeanor DUI attorneys are committed to you and your case and can tell the court why the charge against you should be reduced or dismissed.
When in doubt about what to do after you have been charged with a misdemeanor DUI, speak to a lawyer. Los Angeles DUI Lawyer can connect you with an attorney who has years of experience to guide you through the legal process. Let us help you schedule a case consultation with a DUI attorney.
