San Diego Criminal Lawyers Blog
If you are booked in jail for a DUI, you should be pretty worried about how the whole thing will impact your life. In particular, this is a serious situation if this is not your first issue with driving under the influence of alcohol or drugs, and you are going to need the skills of an experienced criminal defense attorney in order to secure the best outcomes for you.
California Law
The laws related to alcohol and cannabis are quite strict in the state of California. In terms of simply being in a vehicle, you may not:
- Consume alcohol or cannabis as either a passenger or a driver;
- Carry alcohol or cannabis products in the passenger compartment if they are unsealed;
- Hold alcohol in the glove box in an open container.
BAC Limits
While most people understand that drivers may find themselves getting a DUI if it is discovered that they have a Blood Alcohol Concentration (BAC) of 0.08% and higher, some may not realize that drivers under the age of 21 can get a DUI if they have a BAC of just 0.01%. That is true for drivers who are older but who are on probation for having had a DUI. Drivers who are hired to transport passengers (like ride-share or taxi drivers) or those driving vehicles requiring a commercial license could get a DUI with a BAC of 0.04%.
First Convictions
A first conviction could result in the following:
- Revocation of your driving privileges;
- Enrollment in a DUI program;
- Mandatory filing for SR ww/SR1P (expensive auto insurance);
- Fees related to driver’s license restriction and/or reissuance;
- Potential requirement to have an ignition interlock device installed in your vehicle and related costs;
- Up to six months in county jail;
- Fines of up to $390;
- Vehicle impounding with related storage fees;
- Probation;
- 10 years having the DUI conviction on your driving record.
Second and Subsequent DUIs
For anyone convicted of a second DUI, the penalties get much worse. Fines jump up to $2,000, DUI school extends to up to 30 months, and jail time could double to up to a year. Other penalties will be extended, as well. If there were any aggravating factors, such as a BAC of 0.15%, having a minor in the vehicle, refusing to submit to testing for chemicals in your blood, speeding, or causing an accident, the legal consequences could get even worse.
You Need a Vigorous Defense
When facing serious charges, you need a serious criminal defense attorney fighting for you. At Boertje & Associates, our knowledgeable attorneys are committed to putting forth a strong and aggressive defense. To discuss your situation, schedule a confidential consultation in our San Diego Office today.