Driving under the influence (DUI) and driving while intoxicated (DWI) both refer to drunk driving charges. The penalties for these charges depend on the circumstances of the DUI / DWI arrest, and if any prior DUI /DWI convictions are involved. Below is a general overview of DUI and DWI cases and how our experienced DUI defense lawyer in San Diego, can assist you in these types of cases.
In California, you are over the legal limit if your blood alcohol concentration (BAC) is .08% or more. An arrest for drunk driving can occur after being pulled over by an officer and failing a breathalyzer test or field sobriety test, or it may occur following a motor vehicle collision when an officer arrives on the scene to assess the situation. Penalties for DUI / DWI may include:
A DUI /DWI arrest may be classified as a misdemeanor charge
or a felony charge
depending on the circumstances of your arrest. In general, most DUI / DWI arrests that do not involve an accident or do not involve a repeat DUI arrest are misdemeanor DUIs. If a drunk driving arrest occurs after an injury accident (whether with another vehicle or a pedestrian), or if the arrest is the fourth DUI arrest in a 10-year period, it is classified as a felony DUI.
Our experienced DUI defense attorney can potentially help you get the charges dropped by examining the circumstances of your case and arrest. A DUI arrest is not a conviction, and there are several things we can do to determine if there was true cause to arrest you, such as analyze the accuracy of the breathalyzer, the fairness of issuing a field sobriety test, and other matters. You may also have a case if different sobriety tests provided conflicting evidence of intoxication. In some situations, a police officer may not follow proper protocols while detaining you, which may be in violation of your Constitutional protections.