DUI: Driving Under The Influence

If you or a friend have been charged with a DUI, let Ernest Lee Law Offices help. As San Diego’s 5 star rated DUI Lawyer, we understand your situation and know how to help you get the justice you deserve. We have been helping San Diego, California residents for over ten years and are proud of our highly experienced attorneys.

When you first receive your DUI citation, you may think your case is hopeless. However, there are many reasons a breathalyzer or blood testing can read wrong. A good attorney knows how to take advantage of these opportunities and will help you win your case. Reasons these DUI tests read incorrectly include:

  • Medical Conditions
  • Substances or Chemicals in the Air
  • Substances or Chemicals in or on You

Our 5 star rated DUI services will create an excellent DUI defense for your specific case. In our attempts to best serve you, our attorneys at Ernest Lee Law may:

  • Visit your arrest location under a similar situation you were stopped
  • Research the arresting officers’ training and experience to look for problems and mistakes in the past
  • Reanalyze blood samples to ensure they were read correctly
  • Study the maintenance history of the breathalyzer the police used during your arrest to make sure it was working properly
  • Determine if there were other factors such as a medical condition or other chemicals in the area that may have generated a falsely high BAC reading.

The lawyers at Ernest Lee Law understand how a DUI charge can affect your future. Let us protect and help you in the courtroom so you can keep your driving privileges and lower your fines. A DUI charge in California is hard to fight, but with a San Diego DUI Lawyer you can win.

Get your life back. Call now. 619-795-0991

DUI CRIMES

 

DUI, with no priors (VC 23152 (a) and (VC 23152 (b)

Possible Penalties from a DUI?

  • Fine of $2133.00
  • Must Attend a DUI Program. of from 3 to 9 months. Program’s length depends upon the amount of your blood alcohol content, or BAC
  • Must attend a One-Time Mother’s Against Drug Driving, (MADD) Victims Impact Panel (VIP)
  • High BAC Enhancement: If BAC is greater than .15 by volume, must do Public Works Service (PWS). The number of days of public works service you may have to perform depends on your BAC. The higher the BAC, the more possible PWS days you may have to perform.
    –  Contact the Lee Law Group experienced attorneys if you want information on your possible amount PWS days.
  • Suspended license
  • 5 Years’ Probation
  • Criminal record
  • Bad driving record

What will help me win my DUI case?

Possible Defenses:

  • Attack breathalyzer or Lab results due to faulty or incorrectly calibrated breathalyzer devices and lab equipment, interfering with true results
  • Attack breathalyzer and, or blood results due to defendant recently taking other medications or due to interference by other substances giving false high readings
  • Defendant illnesses that can affect metabolic absorption of alcohol giving false high readings
  • Blood storage or other test errors, not in accord with California’s Title 17 procedures
  • Lack of probable cause for the initial “stop” and other law enforcement abridgements of constitutional rights
  • Officers did not follow proper procedures to show driver is under the influence
  • Wrong driver/ Officer did not see vehicle moving

DUI, with prior within 10 years (VC 23152 (a) and (VC 23152 (b)

 A DUI is a “priorable” offense. This mean the more DUI convictions you get, the more serious the consequences. Any DUI conviction within 10 years of another is a ‘prior’ DUI conviction.

Possible Penalties from a DUI with a prior within 10 years

  • Fine of $2635.00
  • At least 96 hours in custody. This custody time usually increases with additional DUIS within 10 years. Contact the Lee Law Group experienced attorneys for information on or to obtain alternatives to custody.
  • Must Attend a DUI Program for 18 months.
  • Must attend a One-Time Mother’s Against Drug Driving, (MADD) Victims Impact Panel (VIP)
  • Suspended license (increased suspension time)
  • High BAC Enhancement: If BAC is greater than .15 by volume, must do Public Works Service (PWS). The number of days of public works service you may have to perform depends on your BAC. The higher the BAC, the more possible PWS days you may have to perform.
    –  Contact the Lee Law Group experienced attorneys if you want information on your possible amount PWS days.
  • Additional 5 days Public Works Service (PWS) on the total from the BAC enhancement
  • 5 Years’ Probation
  • Criminal record
  • Bad driving record

What will help me win my DUI case?

Possible Defenses:

  • Attack breathalyzer or Lab results due to faulty or incorrectly calibrated breathalyzer devices and lab equipment, interfering with true results
  • Attack breathalyzer and, or blood results due to defendant recently taking other medications or due to interference by other substances giving false high readings
  • Defendant illnesses that can affect metabolic absorption of alcohol giving false high readings
  • Blood storage or other test errors, not in accord with California’s Title 17 procedures
  • Lack of probable cause for the initial “stop” and other law enforcement abridgements of constitutional rights
  • Officers did not follow proper procedures to show driver is under the influence
  • Wrong driver/ Officer did not see vehicle moving
  • Plea Bargain to a lesser offense, (Wet-reckless Driving, Dry Reckless Driving)

DUI of Drugs, with no priors, (VC 23152(f))

Possible Penalties from a drug-related DUI (‘DUI Drugs’)?

  • Fine of $2133.00
  • Must Attend a DUI Program of 3 months.
  • Must attend a one-time Mother’s Against Drug Driving, (MADD) Victims Impact Panel (VIP)
  • Suspended license
  • 5 Years’ Probation
  • Criminal record
  • Bad driving record

What will help me win my case of a drug-related DUI?

Possible Defenses:

  • Attack Lab results due to faulty or incorrectly used lab equipment, interfering with true results
  • Attack blood results due to defendant recently taking other medications or due to interference by other substances
  • Blood storage or other test errors, not in accord with California’s Title 17 procedures
  • Lack of probable cause for the initial “stop” and other law enforcement abridgements of constitutional rights
  • Officers did not follow proper procedures to show driver is under the influence
  • Wrong driver/ Officer did not see vehicle moving
  • A physical condition such as anxiety or exhaustion was mistaken for drug impairment
  • Individual was not “under the influence” of drugs

Wet-Reckless, (VC 23103 per VC 23103.5)

A ‘Wet-Reckless’ is a lesser included offense of a DUI. It is often a prosecutor offered or plea-bargained offense when a person arrested for a DUI has blood alcohol content (BAC) that is at, or under the .08 BAC required for a DUI under CA Vehicle Code 23152(b). It is often also prosecutor offered or plea-bargained offense when a defendant’s BAC is over .08 by only a few points there is some other problem with the prosecution’s case (e.g., doubtful probable cause to stop defendant’s vehicle) and the defendant was not in an accident and otherwise caused no trouble to law enforcement.

Possible Penalties from a Wet-Reckless?

  • Fine of more than $1321.00
  • Must Attend a DUI Program of from 12 hours to 3 months. Program’s length depends upon the amount of your blood alcohol content, or BAC
  • Must attend a One-Time Mother’s Against Drug Driving, (MADD) Victims Impact Panel (VIP)
  • 5 Years’ Probation
  • Criminal record
  • Bad driving record
  • California DMV consequences

What will help me win my DUI case?

Possible Defenses:

  • Attack breathalyzer or Lab results due to faulty or incorrectly calibrated breathalyzer devices and lab equipment, interfering with true results
  • Attack breathalyzer and, or blood results due to defendant recently taking other medications or due to interference by other substances giving false high readings
  • Defendant illnesses that can affect metabolic absorption of alcohol giving false high readings
  • Blood storage or other test errors, not in accord with California’s Title 17 procedures
  • Lack of probable cause for the initial “stop” and other law enforcement abridgements of constitutional rights
  • Officers did not follow proper procedures to show driver is under the influence
  • Wrong driver/ Officer did not see vehicle moving

Dry (Regular) Reckless, (VC 23103)

A ‘’Dry-Reckless’ is a lesser included offense of a DUI. It is often a prosecutor offered or plea-bargained offense when a person arrested for a DUI has blood alcohol content (BAC) that is under the .08 BAC required for a DUI under CA Vehicle Code 23152(b). It is often also prosecutor offered or plea-bargained offense when a defendant’s BAC is over .08 by only a few points, there is some other problem with the prosecution’s case (e.g., doubtful probable cause to stop defendant’s vehicle) and the defendant was not in an accident and otherwise caused no trouble to law enforcement.

Possible Penalties from a Wet-Reckless?

  • Fine of than $983.00
  • 3 Years’ Probation
  • Criminal record
  • Bad driving record

What will help me win my DUI case?

Possible Defenses:

  • Attack breathalyzer or Lab results due to faulty or incorrectly calibrated breathalyzer devices and lab equipment, interfering with true results
  • Attack breathalyzer and, or blood results due to defendant recently taking other medications or due to interference by other substances giving false high readings
  • Defendant illnesses that can affect metabolic absorption of alcohol giving false high readings
  • Blood storage or other test errors, not in accord with California’s Title 17 procedures
  • Lack of probable cause for the initial “stop” and other law enforcement abridgements of constitutional rights
  • Officers did not follow proper procedures to show driver is under the influence
  • Wrong driver/ Officer did not see vehicle moving

Drinking Alcohol in a Motor Vehicle, (VC 23221)

Possible Penalties from drinking alcohol in a motor vehicle?

  • Maximum $250 fine for those 21 and older
  • $1,000 fine,
  • 1-year suspended license for those under the age of 21

What will help me win my case of drinking alcohol in a motor vehicle?

Possible Defenses:

  • Insufficient evidence of actual ownership of alcohol
  • Driver was not a public or otherwise regulated highway
  • Vehicle was a for-hire vehicle

DUI Murder, (PC 187) ‘Watson Murder*’

* The phrase, “Watson Murder” comes from the 1981 California Supreme Court Case, ‘People v. Watson, (1981) 30 Cal.3d 290’ which says that it is possible for a drunk driver that causes an accident that kills someone can be charged with murder.

  • To be charged with a “Watson Murder” (or any second-degree murder in California) the prosecutor must show that the defendant acted with “Implied Malice”. This is different from the more serious ‘First Degree Murder’ in that first degree requires Intent to murder.

To show ‘Implied Malice’ the prosecutor must prove three facts or ‘elements’ of the crime:

  1. That you committed an intentional act resulting in someone’s death.
  2. The natural consequences of this act are dangerous to human life; and
  3. You knowingly acted with conscious disregard of that danger.

– There are two ways for prosecutors to prove that one knowingly acted with conscious disregard of that danger, the most central and difficult to prove requirement to prove ‘implied malice’. These are,

(1)  That the defendant has been given and acknowledged a “Watson admonition. This means that the defendant was advised on a prior occasion that if they drink and drive, and cause an accident where someone is killed, they could be charged with Murder.  (not simple manslaughter), or

(2) Prove that the defendant has previously attended a DUI Program, where they are taught about and given the Watson case admonition.

Possible Penalties from a DUI-related murder?

  • 15 years to life in state prison
  • $10,000 maximum fine
  • Strike on your record (California 3 strikes law)
  • Enhanced Penalties: If a surviving victim from the accident suffers great bodily injury (GBI), an additional and consecutive 3 years are added to any sentence; and If a surviving victim from the accident suffers any injury, an additional and consecutive 1 year is added for each injured person, up to 3 years maximum.

What will help me win my case­ of DUI-related murder?

Possible Defenses:

  • Blood or breath tests were not accurate
  • Procedures were not completed correctly during arrest
  • Accident was not individual’s fault
  • Deny implied malice
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We are dedicated to filling the legal void in America by helping the average ‘Joe’ afford and thus feel vested in the American legal system.

- Ernest Lee, Sr. Esq

High Rated San Diego Criminal Defense Lawyer

Lee Law Group

600 B Street, Suite 1420
San Diego, California

PHONE: 619.795.0991
FAX: 619.795.0992
EMAIL: info@leelawgroup.net

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