San Diego DUI Attorney Defense Information -- What are the possible penalties for DUI in San Diego?

What are the possible penalties for DUI in San Diego?
Drunk driving (DUI) penalties in San Diego County are set forth by statute and can be incredibly complex. The range of possible sentences is determined by the basic statute, with modifications for such things as:

Having a prior conviction within ten years
Speeding 20 mph over the limit
Having a child under 14 in the car
Having a blood-alcohol reading over .15%
Refusing to submit to chemical testing

Within the range, the actual sentence in a drinking and driving (DUI) case will be affected by:

The facts of the case
Any policies of the local court and prosecutors
The weaknesses in the case uncovered by the defense attorney
The reputation of that attorney

All of this is independent of the DMV license suspension, which is determined separately and which can itself be very complicated.

What is a sentence "enhancement" for DUI?
Most states increase the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense -- usually within five or seven years of the current offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include:

A child was in the car at the time.
The defendant was travelling 20 or 30 miles over the speed limit at the time.
The blood-alcohol concentration was over .20%.
The defendant refused to submit to a chemical test.
There was property damage or injury.

The defendant was under 21 ("zero tolerance" laws commonly require a much lower blood - alcohol level, and impose longer license suspensions).
In most states, the existence of significant personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter or even, in a few states (including California), murder charges.

San Diego DUI Attorney Defense Information

San Diego has two basic drunk driving (DUI) laws, found in Vehicle Code sections 23152(a) and 23152(b).

23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.

Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.

San Diego DUI Attorney Defense Information

What are the possible penalties for DUI in San Diego? Drunk driving (DUI) penalties in San Diego County are set forth by statute and can be incredibly complex. The range of possible sentences is determined by the basic statute, with modifications for such things as:

What are the possible penalties for DUI in San Diego?
Drunk driving (DUI) penalties in San Diego County are set forth by statute and can be incredibly complex. The range of possible sentences is determined by the basic statute, with modifications for such things as: