Top Encinitas, CA DUI Lawyers Near You
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San Diego DUI Attorney Will Defend Your Rights
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Fighting For Your Rights. Fighting For Your Future. Award Winning DUI Law Firm.
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Call 24/7 - Free Appointment With Defense Attorney Greg Turner - Aggressive Representation For You.
110 West C Street, Suite 2000, San Diego, CA 92101
Turner Law can help you find legal solutions for your DUI issue. The practice serves the Encinitas, California area.
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400 S Melrose Dr., Suite 101, Vista, CA 92081-6632
If you need DUI help in California, contact Christoph Law Offices, a local practice in Encinitas, for legal representation.
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1902 Wright Place, 2nd Floor, Carlsbad, CA 92008
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The Law Offices of Mark Deniz APLC has experience helping clients with their DUI needs in Encinitas, California.
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225 Broadway, Suite 1740, San Diego, CA 92101
Blair Defense Criminal Lawyers represents clients in DUI cases in the Encinitas, California area.
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4025 Camino Del Rio South, Suite 300, San Diego, CA 92108
In the Encinitas, California area, Defending Rights Law Center can help you resolve your DUI issues.
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105 West "F" Street, Suite 211, San Diego, CA 92101
Contact Law Office of Ari S. Lieberman for experienced DUI guidance in Encinitas, California.
210 S Juniper St, Ste. 106, Escondido, CA 92025
Law Office of Sean M. Hobson has experience helping clients with their DUI needs in Encinitas, California.
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500 La Terraza Blvd., Suite 150, Escondido, CA 92025
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A law firm in Encinitas, California, Sevens Legal, APC experienced in helping clients with DUI issues.
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2820 Camino Del Rio South, Suite 110, San Diego, CA 92108
DUI concerns can be addressed by Law Office of Brandon S. Naidu. This practice offers legal representation for clients in the Encinitas, California area.
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109 W C St, Suite C, San Diego, CA 92101
3955 Falcon St, San Diego, CA 92103
110 W. c St, #1010, San Diego, CA 92101
303 A Street, Suite 306, San Diego, CA 92101-4095
380 South Melrose Dr, Suite 301, Vista, CA 92081
402 W Broadway, Suite 400, San Diego, CA 92101
4660 La Jolla Village Drive, Suite 100, San Diego, CA 92122
2820 Camino del Rio South, Suite 110, San Diego, CA 92108-3823
1350 Columbia Street, Suite #700, San Diego, CA 92101
2878 Camino del Rio S, Suite 400, San Diego, CA 92108
1320 Columbia Street, Suite 210, San Diego, CA 92101
110 Laurel St, San Diego, CA 92101
171 Saxony Rd, Suite 108, Encinitas, CA 92024
1350 Colubmbia, Unit 401, San Diego, CA 92101
401 B St, Ste 2330, San Diego, CA 92101
110 West "C" Street, Suite 1400, San Diego, CA 92101
Encinitas DUI Information
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What Is Considered Drunk Driving?
Drunk driving or driving while intoxicated (DWI), driving under the influence (DUI), operating while intoxicated (OWI) or operating a vehicle while impaired (OVI) is an offense that takes place when an individual operates a motor vehicle while under the influence of drugs or alcohol. While various states have different names for drunk driving offenses, DUI is one of the most common ways that the offenses are referred to as a whole.
While federal law largely pertains to commercial drivers (for whom the legal BAC while driving is .04 or less), state laws are generally called on when infractions of the law come into play for the average citizen. Federal DUI laws can be levied if the offender is traveling through federally-owned lands, indigenous lands or crossing state lines, but the vast majority of drunk driving charges are meted out at the state level.
How long does a DUI stay on your record?
The length of time a DUI conviction will stay on your criminal record (different from your driving record that the DMV uses) depends on the state you live in. Some states will remove a DUI from your criminal record after five years, at which point, if you are arrested and convicted for DUI again, the system will treat you as a first-time offender. In other states, this could be 10 years. Other states do not do this at all, meaning the conviction will always be on your record, unless you can expunge it.
Driving Under the Influence
Driving while under the influence or DUI is a serious matter across the nation, including in California. This criminal offense may result in a number of serious penalties such as the loss of driving privileges, fines, mandatory counseling, or jail time. However, there effects of a DUI conviction can be felt outside the courtroom as well and may cause other issues in your day to day life. Accordingly, it is important for anyone facing a DUI charge in An Encinitas to work with a competent criminal defense attorney to protect their rights and mitigate any legal issues.
How long do you go to jail for a DUI conviction?
This depends on the state that you live in. Some states have mandatory jail sentences (although in some it’s only a few days) for a first-time offender, while other states have no jail time for first-time offenders. For each DUI conviction you receive, your odds of going to jail for a longer amount of time will increase.
Have You Been Charged with a DUI?
If so, it is imperative to immediately contact a An Encinitas: DUI lawyer who knows all the defenses that may be available to you. To violate DUI law, the blood-alcohol content must be at least .08 percent, and if it is higher than .14 you can be charged with extreme DUI. Alcohol content is determined by blood, breath, or urine tests. If you refuse to take one of those tests your driver’s license is automatically suspended.
Should you plead guilty to a DUI?
Many people think they should plead guilty quickly to “move on” from the incident. But that will mean having a conviction on your record for years to come, which can have serious negative effects on your life. You should always discuss your case with an attorney before you ever make any decisions on pleading guilty.
DUI Penalties
If convicted of a DUI, there are some fairly steep penalties you may find yourself facing. Sentencing for a DUI in California may include loss of driving privileges, fines, mandatory counseling, and even jail time in more serious cases. A DUI can lead to other consequences outside of court-imposed sentencing as well. Some states also require ignition interlock devices in the cars of people with DUI convictions. Having a DUI conviction may cause problems with your current employment, impose difficulties obtaining future employment, damage your reputation, raise the cost of car insurance, and even jeopardize professional licensing.
A DUI conviction is punishable by license revocation, months in jail, or years in prison for repeat offenders and stiff fines.
What happens when you get a DUI?
A DUI conviction can mean spending time in jail, having to pay fines and court costs, and attending drunk driving classes or entering into rehab. It could also mean having to deal with the effects of a driver’s license suspension, which could affect your job. Some states also require ignition interlock devices in the cars of people with DUI convictions. In short, the penalties are serious, and you should treat them seriously.
Is Drunk Driving a Felony or a Misdemeanor?
Drunk driving can be either a misdemeanor or a felony. First-time offenders with no aggravating factors could be looking at a misdemeanor charge in most states. Repeat offenders, or offenders who commit DUI or DWI with aggravating factors, could find themselves facing felony charges.
Aggravating factors may include, but are not limited to: committing DUI with children in the car, speeding or reckless driving while under the influence, highly elevated BAC levels while measured (.08, .15 and above) or causing a serious injury or death as a result of driving while under the influence.
Can You Be Charged for Drunk Driving if You Are Parked?
Yes, in many jurisdictions it is entirely possible to be charged with drunk driving even if parked. A conviction may depend on actual proof that you operated the vehicle while intoxicated.
Further, attempted DUI is a discrete charge in many states and as such, the burden of proof to establish this particular charge is much lower than with full DUI. Regardless of the situation, it is not advised that you enter the drivers’ seat of a car with a BAC higher than the established level in your state.
Driving High vs. Driving Drunk: What’s the Difference?
While BAC can be easily measured by the use of the breathalyzer or a number of other devices, it can be more difficult to prove intoxication by a number of other drugs, including cannabis (marijuana).
Where cannabis’ active ingredient (THC) stays in a human system for a number of weeks, false positives have proven particularly difficult for state prosecutors looking to secure convictions based on allegations of intoxicated driving. Newly deployed devices seek to circumvent this problem, but the matter remains legally contested in many jurisdictions.
Field sobriety tests, body cam evidence and other metrics are currently also used to judge whether or not a driver is impaired by drugs other than alcohol. In terms of legal repercussions, DUI laws are generally broad enough to encompass all activity where a driver is intoxicated on drugs or alcohol, and the sentencing is usually severe for both.
Those found guilty of DUI or DWI for drugs other than alcohol may face additional drug-related penalties (possession, trafficking, etc.) in some jurisdictions. Diversionary programs, or mandatory drug education programs may also be part of any punishment for drunk driving.
How Long Does a DUI Stay on Your Record?
The length of time a DUI conviction will stay on your criminal record (different from your driving record that the DMV uses) depends on the state you live in. Some states will remove a DUI from your criminal record after five years, at which point, if you are arrested and convicted for DUI again, the system will treat you as a first-time offender. In other states, this could be 10 years. Other states do not do this at all, meaning the conviction will always be on your record, unless you can expunge it. An Encinitas criminal defense lawyer can better help you determine how long a California DUI conviction may stay on your record.
How Long Do You Go to Jail for a DUI Conviction?
The amount of jail time you may receive at sentencing depends on a few factors. The first is the state that you live in. Some states have mandatory jail sentences (although in some it’s only a few days) for a first-time offender, while other states have no jail time for first-time offenders. Second, for each DUI conviction you receive, the odds of going to jail for a longer amount of time increase. Third, the amount of jail time you may receive can increase if there are any aggravating circumstances. One common example of an aggravating circumstance is the amount of alcohol or drugs in your system.
Should You Plead Guilty to a DUI?
Many people jump to conclusions and plead guilty quickly to “move on” from the incident. However, pleading guilty to a DUI means having a criminal conviction on your record for years to come, which can have serious negative effects on your life. Instead, you should always consider discussing your case with A California criminal defense attorney before you ever make any decisions on pleading guilty.
What Happens When You Get a DUI?
A DUI conviction can mean spending time in jail, having to pay fines and court costs, and attending drunk driving classes or entering into rehab. It could also mean having to deal with the effects of a driver’s license suspension, which could affect your job. In short, the penalties are serious, and you should treat them seriously.