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A DUI arrest can turn your world upside down in an instant. Suddenly, you’re facing the possibility of jail time, steep fines, license suspension, and a tarnished reputation. At David P. Shapiro Criminal Defense Attorneys, we understand what you’re facing. Our Chula Vista DUI defense team is ready to fight for you, challenging every aspect of your case – from the initial traffic stop to the accuracy of sobriety results.
We bring years of experience, deep legal knowledge, and a personalized approach to every client. Don’t let a DUI charge define your future. Contact us today, and let’s start building your defense.
In California, driving under the influence (DUI) is governed by Vehicle Code Sections 23152(a) and 23152(b). You may be charged with DUI if:
It’s important to note that you can be charged with DUI even if your BAC is below 0.08% if the prosecution can prove that your driving was impaired due to alcohol or drug consumption.
The consequences of a DUI conviction in Chula Vista can be severe, even for a first offense. Potential penalties may include:
These penalties can increase significantly for subsequent offenses or if there are aggravating factors, such as having a high BAC, causing an accident, or having a minor in the vehicle at the time of the offense.
When you’re arrested for DUI in Chula Vista, you face not only criminal charges but also an administrative process with the California Department of Motor Vehicles (DMV). You have only 10 days from the date of your arrest to request a DMV administrative hearing. Failing to do so will result in an automatic license suspension and the inability to challenge the license suspension.
The DMV hearing is separate from your criminal case and focuses solely on your driving privileges. During this hearing, the DMV will consider:
At David P. Shapiro Criminal Defense Attorneys, we recognize the importance of the DMV hearing in protecting your driving privileges. Our attorneys will represent you at this hearing, challenging the evidence and fighting to prevent the license suspension.
Every DUI case is different, and our approach is tailored to the specific circumstances of your situation. Some common defense strategies we may employ include:
We’ll scrutinize the reason for the initial traffic stop. If the officer lacked reasonable suspicion to pull you over, we may be able to have the evidence against you suppressed.
Field sobriety tests are often subjective and can be affected by factors unrelated to alcohol consumption, such as medical conditions, fatigue, or uneven terrain. We’ll examine how these tests were administered and interpret the results in context.
Breath and blood tests can be inaccurate due to various factors, including improper calibration of testing equipment, contamination of samples, or medical conditions that can affect the results. We’ll thoroughly review the testing procedures and results to identify any potential issues.
We’ll examine whether law enforcement followed proper procedures during your arrest and booking. Any violations of your constitutional rights could lead to evidence being thrown out.
When you’re facing DUI charges in Chula Vista, you need a defense team that combines legal knowledge, courtroom experience, and a commitment to client service.
Here’s why David P. Shapiro Criminal Defense Attorneys stands out:
★ Deep Understanding of Local Courts: We have extensive experience representing clients in Chula Vista courts. We understand the local legal landscape, which allows us to develop effective defense strategies tailored to your specific situation.
★ Comprehensive Approach: We handle both the criminal case and the DMV administrative hearing, ensuring a coordinated defense strategy that protects your rights and interests on all fronts.
★ Personalized Attention: We believe in building strong attorney-client relationships. You’ll work directly with your attorney throughout your case, receiving regular updates and having your questions answered promptly.
★ Proven Track Record: Our firm has successfully defended numerous clients against DUI charges, often achieving case dismissals, charge reductions, or favorable plea agreements that minimize the impact on our clients’ lives.
★ Focus on Minimizing Collateral Consequences: A DUI conviction can have far-reaching effects beyond legal penalties. We’ll work to minimize the impact on your employment, professional licenses, immigration status, and personal life.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
There are two types of breathalyzer tests- a PAS (preliminary alcohol screening) and a chemical test. If you are 21 or over and not on DUI probation, you can refuse the PAS test.
After you are arrested, however, refusing the chemical test (whether that be the breathalyzer, blood, or urine test) will lead to an automatic license suspension under California’s implied consent laws via the DMV.
Additionally, your refusal can be used as evidence against you in court. It’s generally advisable to comply with lawful requests from law enforcement, but you should consult with an attorney as soon as possible to discuss your specific situation. You are not entitled to speak to an attorney before taking the chemical tests or during the traffic stop.
A “wet reckless” (reckless driving involving alcohol) is sometimes offered as a plea bargain in DUI cases with a proper mitigation strategy. While still a misdemeanor charge, it typically carries less severe penalties than a DUI conviction. However, it still counts as a prior DUI if you’re arrested for DUI again within 10 years.
Not necessarily, but you must act quickly. You have only 10 days from your arrest to request a DMV administrative hearing to contest the automatic license suspension. Our attorneys can represent you at this hearing to fight for your driving privileges. If your license is eventually suspended, we will provide a roadmap of options to regain your driving privilege.
Yes. In California, you can be charged with DUI for driving under the influence of any drug, including marijuana, that impairs your ability to drive safely.
In California, a DUI conviction typically stays on your driving record for 10 years. However, it may remain on your criminal record indefinitely unless you take steps to have it expunged. Even if expunged, any future DUI within 10 years will result in increased punishment, including mandatory jail time.
California has a zero-tolerance policy for underage drinking and driving. If you’re under 21, you can be charged with DUI for any measurable amount of alcohol in your system while driving. The penalties can be severe, potentially affecting your education and future opportunities.