VISTA DUI DEFENSE LAWYER
I am Vista DUI attorney Peter M. Liss. If you have been arrested for driving under the influence of alcohol or drugs, including a DUI involving a car accident or a felony DUI in anywhere in San Diego County, I can help you. I have personally defended hundreds of individuals following their DUI arrest in North County and I can promise you top quality representation for a reasonable fee.
About DUI Charges in San Diego County
When someone is arrested for driving drunk and they have a Blood Alcohol Level above 0.08%, they will be charged with a DUI. But the charge can also be applied to anyone who is suspected to be driving under the influence of drugs or alcohol, whether or not they are found to have a BAC above 0.08%.
Why are There Two Different DUI Charges?
In California, those accused of driving under the influence of alcohol are usually charged with two different offenses, “driving under the influence of alcohol” and “driving with a blood alcohol level of .08 or higher.” Both offenses carry the same penalties. You cannot be sentenced for both crimes, but you may be found guilty of one, both or neither of the charges.
Can You Get a DUI if your BAC was Under 0.08%?
Driving under the influence is a crime even if your blood alcohol content was below the legal limit as long as the alcohol affected your ability to drive. If your BAC is a .05 or below and you are over 21 and not a commercial driver, you are presumed innocent of DUI, but if it is below 0.08%, but above 0.06%, then the case will largely rely on the police officer’s testimony, including how you fared on the Field Sobriety Tests -if you agreed to take these optional tests.
Any drivers under the age of 21 are subject to California’s zero-tolerance DUI law, meaning they can get a DUI for driving with a BAC over 0.01%. Those with commercial licenses cannot drive with a BAC over 0.04% at any time, while those who are drivers for hire (for companies such as Lyft) cannot have a BAC above 0.04% while on the clock.
About Driving Under the Influence of Drugs
You can also be charged with a DUI even if you did not drink, if the officer had reason to believe you have taken either legal or illegal drugs and they impaired your ability to drive. You could also be charged if the police officer believed a combination of alcohol and drugs impaired your ability to drive.
Those who have been accused of driving under the influence of drugs, will only be charged with “driving under the influence of drugs.” If both drugs and alcohol are present, the charge will be “driving under the influence of alcohol and drugs.”
There is no legal limit defining how much marijuana, methamphetamine, heroin, cocaine or other drugs someone may consume while behind the wheel. It is important to recognize that you can be charged with driving under the influence when taking prescription drugs as long as they affect your ability to control a vehicle, so trying to explain to the police that you have a prescription for a medication can be used as evidence against you.
How do Police Identify Drunk Drivers on the Road?
Driving behaviors that indicate a lack of concentration or control are often interpreted as signs of impairment. For example, taking turns too widely, failing to stop at intersections, drifting between lanes, inappropriate slowing or stopping, seemingly random changes in speed or operating a vehicle at night without headlights. Police also look for anything wrong with your car, like missing license plates, expired registration, or inoperable rear lights, which then give them a basis to stop your vehicle and check for alcohol or drug consumption.
What Should I do if I am Pulled Over and the Officer Asks if I was Drinking?
If you have not been drinking, then simply say “no.” If you have been drinking, do not lie, but instead refuse to answer the question, simply state that you are invoking your 5th Amendment rights. You are not required to answer any questions that may incriminate you. These same rules apply when an officer asks you where you are coming from, particularly if you just left a bar or a party.
It is worth noting that while you are legally required to take a blood or breath test, you have the legal right to refuse to take any field sobriety tests.
DUI Sentences in Vista
If you are found guilty of driving under the influence in San Diego County, you could face jail time, fines, alcohol treatment programs, vehicle impoundment, a suspension of your driver’s license and mandatory use of an ignition interlock device when you are permitted to drive again. The specific penalties vary based on whether or not you have any previous DUIs on your record or if your case involves circumstances that could result in enhanced penalties, such as excessive speeding or a particularly high BAC. No matter what penalties you face, you can expect a DUI conviction to change your life and to cost you big time, both in terms of court fines and higher insurance costs.
It is worth mentioning that if you fail to submit to a chemical test when you have been accused of operating a vehicle under the influence, you have violated the state’s implied consent law and will thus face a mandatory one year license suspension and a mandatory jail sentence.
Sentences for the First DUI Offense
On the first DUI conviction, if probation is granted, a potential sentence includes attending an alcohol or drug program of 3 or 9 months and a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine; a jail sentence of 48 hours to 6 months may be imposed, but is not mandatory. The DMV will impose a driver’s license suspension of 6 months but it can be ended with installation of an ignition interlock device.
On the first DUI conviction, if probation is NOT granted, a potential sentence includes 96 hours to 6 months in jail, a $390 to $1,000 fine, and a 6-month license suspension.
With or without probation, your vehicle may be impounded for 6 months, and the court may, but is not mandated to, require you to install an ignition interlock device on your car for up to 6 months. If you have any questions about DUI probation, be sure to ask your 1st time offense DUI attorney in San Diego.
Second Offense DUI Sentences
On the second DUI conviction (within 10 years) a potential sentence includes attending an alcohol or drug program for 18-36 months; a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine; and 96 hours to 1 year in jail.
If probation is granted, the DMV imposes a 2-year license suspension which may be ended with the installation of an ignition interlock device. A 2nd time offense DUI attorney in San Diego can be critical in helping you to secure these terms. If probation is not granted, a potential sentence also includes a 2-year license suspension, with no possibility of receiving a restricted license during that time.
With or without probation, your vehicle may be impounded for 12 months, and you will be required to have a ignition interlock device on your car for 12 months.
Possible Third DUI Offense Sentences
On the third DUI conviction (within 10 years) the potential sentence includes attending an alcohol or drug program for 18-36 months; a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine; 120 days to 1 year in jail; and a 3-year license revocation by the DMV which can become restricted with an ignition interlock device. A 3rd time offense DUI attorney in San Diego can help you get the minimum sentencing possible
You may also have your vehicle impounded for up to 12 months and you will be required to have a ignition interlock device on your car for 24 months.
Four or More DUI Convictions in 10 Years
A fourth or subsequent DUI (within 10 years) is almost always charged as a felony, so it is critical you work with a 4th time offense DUI lawyer in San Diego if you have been charged with this crime. A potential sentence includes attending an alcohol or drug program for 18-36 months; a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine; and a 4-year license revocation.
If probation is granted, a potential sentence also includes 180 days to 1 year in jail, plus a 4-year license revocation by the DMV which may allow the revocation to become a restriction with the installation of an ignition interlock device. If probation is not granted, a potential sentence also includes up to 3 years in state prison; the exact time will be left up to the decision of the court.
Your vehicle may also be impounded for 12 months, and you may be required to have a ignition interlock device on your car for 36 months.
When is a DUI a Felony?
Aside from a 4th or subsequent DUI within 10 years, a DUI can also be a felony when an accident occurred. A felony accident DUI is charged when the drunk driver was negligent or violated a traffic law, and injured another person even slightly. The potential sentence includes attending an alcohol or drug program for 3-9 months and a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine, and a 1-year license suspension by the DMV which can be loosened to a restricted license with an ignition interlock device.
If probation is granted, a potential sentence will include between 5 days and 1 year in jail, plus a 1-year license suspension. If probation is not granted, a potential sentence will include up to 3 years in state prison.
Your vehicle may also be impounded for 6 months, and you will be required to have a ignition interlock device on your car for 12 months.
What is a Wet Reckless Charge?
A “wet reckless” is a reduced offense from DUI but It can still be used as a prior if you are charged with a DUI in the future and will result in two points being added to your DMV record. It will result in a lower fine and may reduce the probation period. The court and DMV record will show a conviction for reckless driving (with alcohol conditions). The DMV will not take any further action to suspend your license for the conviction but you still face the four month suspension for having a BAC of .08 or above.
What Alternative Sentences are Available in DUI Cases?
Alternative sentences are usually only available as part of a plea bargain, where you agree to plead guilty to one or more criminal charges. Whether or not you can receive an alternative sentence depends on the particular facts of your case, the charges you plead to, the agreement that your attorney reaches with the prosecutor, and whether the judge is willing to accept that agreement. Alternative sentences can include alcohol or drug rehabilitation programs, community service, counseling and/or attending AA meetings, MADD VIP programs, probation, electronic monitoring under house arrest, and other sentences.
DMV License Suspensions after a DUI Arrest
Most people charged with driving under the influence will have their license suspended. This can be a real problem in a car-centric county like San Diego as it can make it particularly difficult for a person to get to work or class. If you are arrested for suspicion of drunk driving and refuse to take a blood or breath test, you will automatically lose your driving privileges for one year. If you do take the test and your BAC is above 0.08%, the police officer will take your driver’s license and you will then be given a 30-day temporary driving permit.
You Must File for a Hearing Within 10 Days
You have 10 days from the date of your arrest to request a hearing with the DMV or you will lose your license for four months on a first time DUI. If you are convicted of a DUI, the suspension increases to six months. Your Vista DUI attorney can help represent you at this hearing, which will not only give you the opportunity to fight this license suspension, but also allow you and your attorney to get a sneak peak at the evidence that will be presented against you at your criminal trial, which could make fighting the charges easier.
If you lose the DMV hearing or are convicted of driving under the influence, your DUI lawyer in Vista can help you go through the process of obtaining a restricted driver’s license so you can get to work or school.
Need a DUI Attorney?
Peter Liss Can Help You
While many people believe drunk driving charges are something they just have to accept, it is possible to fight against these accusations and win, even if you failed your breathalyzer test. But because the potential result of a DUI conviction is severe, the quality of your defense is extremely important. A top-rated attorney, like Peter Liss, will be able to present your strongest defense and negotiate for the best results available under the facts and law.
Proven Experience
Peter M. Liss has over 35 years of experience successfully fighting handling hundreds of DUI cases, including those involving high BACs and felony DUI. He knows the courts, prosecutors and judges. He previously supervised a staff of 10 lawyers who handled driving under the influence cases in California, and he has defended clients in over 100 criminal jury trials.
A Top Vista DUI Attorney
Peter Liss graduated from the top ranked University of California, Berkeley Law School. In his current practice, he is the only attorney and he personally handles every case that comes through the doors. He has successfully obtained the best possible results for his clients in both criminal DUI trials and DMV license revocation proceedings. If you need a criminal defense lawyer, please call today for a free consultation.
Related Crimes
San Diego DUI Enhancements
There are some circumstances that can result in a DUI having additional penalties added to the sentence. These are known as sentencing enhancements. These can include factors like having a child under the age of 14 in the vehicle, excessive speeding (at speeds more than 100 miles an hour or 30 miles an hour over the speed limit) or having a blood alcohol content over .15% (even higher penalties will be added for BACs above .20%).
Enhancements for High BACs
In cases where the BAC was above .15% or if you were involved in a non-injury car accident, you may be sentenced to public work service. If your BAC was above .20%, you will be required to take a 9 month DUI class in addition to any other increased penalties the court may impose.
Avoiding Enhancements
If you are facing any potential enhancements to your DUI charges, your attorney may be able to negotiate a plea bargain to help you avoid an increase in your sentence.
Charges Related to DUI
Sometimes, a DUI traffic stop ends with charges for other offenses. These may include:
- Vehicular homicide
- Having a loaded or concealed weapon
- Drug possession
- Drug trafficking
- Having an open alcohol container in the vehicle
- Reckless driving
- Hit and run accidents
- Driving on a suspended license
- Evading the police
Because the penalties for these charges can be very serious, you should immediately retain a skilled criminal lawyer who is experienced in serious criminal matters as well as DUI.
A DUI Lawyer Can Help
The Support You Need
When you hire Mr. Liss, he will keep you updated on your case, advise you on the best defense for your situation, work to have your bail and charges reduced, and make court motions on your behalf. He may also work with third-party laboratories, review the officer’s paperwork, talk to witnesses, or contact a private investigation service to uncover evidence that may support your defense.
The DMV Hearing
If you contact him early on, he can also help defend you at your DMV license revocation hearing to protect your driving privileges.
All of this can help to ensure you will face the minimum possible sentencing or possibly have the charges against you dropped or secure your acquittal.
Call for a Free Consultation
Peter Liss offers 24 hour-a-day live answering services and prompt responses. His rates are affordable, he accepts all major credit cards and his service is highly-rated by past clients on Yelp, Google and AVVO. You can schedule a free initial consultation that will take place in his South Melrose Drive law office directly across the street from the Vista courthouse and North County San Diego jail.
How to Contact Peter Liss
For skilled IMMEDIATE help with a Vista DUI or driving under the influence
of drugs defense, call Vista DUI Attorney Peter M. Liss:
Call 24/7, any time, any day. I can help you.
