Aggravated DUI in San Diego
On a first time DUI, in most cases there is not the presence of any jail time unless there are Aggravating Circumstances, the following is a list of the most common aggravating circumstances. It bears repeating that each county and even each court can prosecute and look at these aggravating circumstances differently. For this reason it is important to hire a local attorney like Vincent Ross of Ross Law Center to discuss your case and possible options that may be available and the tendencies of each court in how they prosecute DUI cases.
1. You were in an accident with another vehicle.
2. You were involved in any type of accident and someone was injured.
3. You BAC (blood alcohol content) results were .20% or above.
4. There were passengers in the vehicle that were under the age of 14 (Note: In
some cases this could result in a Child Endangerment charge as well.)
5. You refused to submit to a breath or a blood test.
6. You were on probation from another case at the time of the arrest.
7. At the time of the stop your license to operate a motor vehicle was suspended
cancelled or revoked or you did not have a California License.
8. You have two or three prior DUI’s within a short period of time.
9. You were traveling at a speed of at least 25 to 30 miles per hour over the posted
speed limit and driving in a reckless manner.
10. You were under the age of 21 at the time of the arrest.
11. You failed to remain at the scene of an accident and charged with hit and run.
Because the following aggravated circumstances can be much more serious in some cases its important to call the DUI attorneys of Ross Law Center to begin working on your case as soon as possible. The following additional punishments are a guideline and can vary slightly between the different courts. Many people realize these additional consequences can seriously impact their lives and in many cases their careers. The DUI lawyers at Ross Law Center we will evaluate your case personally and give you the best advice to help you get the best outcome on your case.
In most cases if a client is arrested for DUI the case is most likely resolved thru the plea bargain stage. However, when a prosecutor reviews your case and reads the discovery (police reports) and he/she learns there are Aggravating Circumstances they will often times seek to add additional punishment. There additional punishments can come in a variety of different forms ranging from jail time, Public Work Service (cleaning roadways), community service, Alcohol meetings, enhanced fines, and longer treatment programs, etc.
DUI Involving Accident
In San Diego County a person charged with DUI that involved an accident are not looked upon favorably in the San Diego Courts. However each court Central Division, East County, South Bay, and North County, can prosecute these cases differently. At Ross Law Center we know and understand the workings of each court and can help you navigate your case carefully to get the best result. Many times these additional penalties can include public work service and heavier fines.
DUI Causing Bodily Injury
DUI’s involving an accident causing an injury to someone besides your case can be the most serious type of DUI case because these can be charged as either a misdemeanor or a felony. A DUI resulting in an injury (filed as a misdemeanor) requires under statue a minimum 0f 5 days in the county jail and a license suspension of one year. If there is a more serious injury (also referred to as GBI, meaning Great Bodily Injury) such as a broken bone or other type of serious injury you could be charged with a Felony DUI and face possible state prison sentence of 16 months. DUI’s involving an accident can also expose you to a restitution hearing in which you may have to pay or damages resulting from the accident. In addition, you may also receive a bill from the county demanding that you pay for officers time that he/she spent investigating and arresting you for your DUI accident. At Ross Law Center we will handle all facets of you DUI case including DMV hearings, court appearances and restitution hearings to mitigate and get the best possible result for each client.
Blood Alcohol Level over .20%
If the results of your blood or breath results indicate a BAC over .20% you may also face a 9 month alcohol program, extra AA meetings, as well as an ignition alcohol device and county jail time.
Refusing to take a breath or blood test
If during you DUI arrest you refused to give a blood test or a breathalyzer you could face 48 hours in the county jail and a 9 month alcohol program. Also the Department of Motor Vehicles will suspend your license to drive for a minimum of 1 year.
DUI while on Probation
If at the time of arrest you were on probation for a prior DUI you may possibly face a probation violation hearing out of the court you received the prior DUI in. This means that you will be required to go back to the court and usually in front of the same judge who sentenced you in your prior case and that judge has the power to send you to jail for violating the terms and conditions of your agreed upon probation. At Ross Law Center we will accompany you to these proceeding to try and mitigate a reinstatement of your original terms and conditions of probation. If your prior case is out of a different county a new fee agreement may be required. In addition to the probation violation you may also face an additional one-year suspension of your drivers license since a condition of probation is to not operate a motor vehicle with any measurable amount of alcohol in your system.
DUI on a Suspended or Expired License
If your license was suspended or expired or if you never received a valid California Drivers License, you may possibly face additional punishment such as 48 hours in the county jail depending on the court and the prosecutor in your case. At Ross Law Center we exclusively handle only DUI and Criminal cases and our expertise will help you if this aggravated circumstance should arise and help you to avoid jail time and get you back on the road to getting your license.
DUI on a Suspended or Restricted License from a Prior DUI- VC14601.2
This type is much more serious then just having a suspended license as described in the last paragraph. If your license was suspended because of a prior DUI and the prosecutor charges you with VC14601.2 you could face a minimum of 10 days in jail, large fines, and it will require in most circumstances the installation of an ignition interlock device to be installed in your automobile. These devices cost money to install and operate and will not allow the driver to start the vehicle if there is the presence of alcohol on his/her breath.
Excessive Speed or Reckless Driving
If at the time of the arrest the officer cites that there was excessive speeding of at least 30 miles per hour over the posted speed limit on a freeway or 20 miles per hour on any street AND you were driving in a reckless manner putting people or property at risk then the prosecutor may charge you with Vehicle Code Section VC-23582. This additional filing of VC23582 could require that you go to jail for 60 days, speeding alone does not violate this law. There must be the addition of reckless driving along with the addition to be speeding in order to be found responsible of this law.
DUI Hit and Run
In San Diego County there has been added emphasis in aggressively prosecting DUI cases where there is property damage and the driver fails to remain at the scene of the accident. Due to the increase in these cases its very important to call Ross Law Center before you answer any questions to law enforcement. If you were arrested for DUI and subsequently charged with Hit and Run, you could possibly face jail time and increased fines. In addition a person found responsible for hit and run would also have 2 points put on their driving record as well as the DUI which is also 2 points. In essence if you were charged with DUI and Hit and Run the DMV would add 4 points to your driving record which can result in a suspended license for 6 months for being a “negligent operator.” At Ross Law Center our DUI firm will set out to try and minimize points in order to keep any suspension to a minimum so you don’t risk additional license suspensions.
If you have any of the above aggravated circumstances CALL US and schedule your FREE initial consultation with an experienced DUI law firm. Call today 858-805-5772