Facts Everyone Should Know About Fighting DUI Charges in San Diego

It is illegal in California, as in other states, to drive under the influence of alcohol or drugs (DUI). DUI charges are dealt with harshly by the courts. Driving while under the influence is one of the priciest misdemeanor crimes you can be charged with in San Diego. A DUI can have life-altering consequences for the accused, but there are a few facts about DUIs that everyone should know if they, or someone they care for, are facing DUI charges. It is essential to understand that just because an arrest has been made does not mean inevitable jail time. Those facing DUI charges should be encouraged that a professional DUI attorney can significantly impact the outcome of their case.

Innocent Until Proven Guilty

Our nation's justice system is based on innocence until guilt beyond a reasonable doubt is proven. This fact gives many people hope about the outcome when fighting DUI charges. An experienced defense lawyer will significantly impact your case's outcome.

Staying Out of Jail When Facing a DUI Charge

Depending on the DUI's circumstances, avoiding jail can be negotiated by an experienced defense lawyer. However, some things will automatically happen following a DUI arrest in California that must be addressed with urgency, and an excellent criminal defense attorney won't miss anything that could benefit your case. Working side by side with an experienced criminal defense attorney ensures that every box is ticked when it comes to protecting the rights and freedoms of the defendant.

DUI Penalties Depend on Multiple Factors

Penalties for a DUI depend on several factors. Every DUI case is unique in its details, and only an experienced DUI attorney can walk clients through the complex court process. One of the main factors is whether it is someone’s first DUI. Other factors are whether an accident caused harm or injury to someone or if there were children in the car. Penalties may include jail time, impounding of the vehicle, community service, and probation. Multiple DUIs in ten years can result in prison sentences of up to five years and loss of driving privileges for up to ten years.

Automatic Driver’s License Suspension Without DMV Appeal

One of the most disruptive things to happen to those arrested for a DUI in San Diego is the automatic suspension of driving privileges. Many people underestimate how much they need access to transportation for school, work, and other commitments. People facing the penalties of DUI without professional legal help struggle and must use public transit and step back from other obligations.

Everyone should know that there is a ten-day window following the arrest for an appeal to keep one's driver's license with the DMV. An experienced criminal defense attorney knows this window well and will be able to ensure the request is heard and has the highest probability of being granted.

Experienced San Diego DUI Defense Attorney

Attorney Joni Eisenstein, located in Oceanside, has far-reaching knowledge and connections in surrounding areas throughout San Diego County. Having helped hundreds of clients successfully fight DUI charges, Attorney Eisenstein walks every client through the criminal justice system and provides invaluable information, counsel, and guidance from start to finish. The process can seem daunting and having a consummate professional by your side helps alleviate the unknowns of facing DUI charges.

Defending Against DUI Charges

It is a mistake to step back and allow the fate of your case to just fall into place. Every DUI case is unique, and someone with experience must handle the details. Being pulled over, arrested, tested, and put in the back of a police car is a terrifying experience. However, everyone makes mistakes, and only an experienced defense attorney can help determine if there were errors on the part of the arresting officer of law enforcement. Common areas where mistakes are made are the handling of test results and forgetting to read the accused's Miranda rights before arrest. If either of these happened, it would strengthen the defense and weaken the prosecution’s case.

Common Challenges Against a DUI

There are some common challenges against evidence that an experienced criminal defense attorney will investigate and present on your behalf. One fact is that police must prove probable cause to pull over a driver. So, if that evidence is missing, the DUI case may be thrown out. Other facts are that field sobriety tests are subjective and can be shown to be insufficient for prosecution. Police are held to a high standard, and their conduct must adhere to the code they uphold. An experienced criminal defense attorney will gather details about the arrest and ensure that law enforcement did not violate your rights or obtain evidence illegally.

Alternative DUI Charges

When represented by an expert DUI criminal defense attorney, she may be able to ask the state to reduce DUI charges. The fact is that, although complex to request, there are alternatives to DUI charges which leave marks on one’s criminal record. The two most common alternatives are reckless driving and careless driving. Asking for these reduced charges takes litigation expertise, but if the prosecution agrees, it can keep a criminal record clean. Ultimately, an experienced criminal defense attorney is trying to get the DUI charge dismissed. If that is not possible, asking for a reduced charge is a good alternative.

Fighting DUI charges takes time, patience, and knowledge. Public defenders often have stacks of cases and are overwhelmed by their caseloads. A private attorney is 100% looking out for you. Contact a professional law office as soon as possible following the arrest. Know your rights and options and ensure the best outcome by hiring a San Diego criminal defense attorney.

If you are on the fence about hiring a defense attorney, stop thinking about it, and do it now

Hiring a criminal defense attorney like Joni Eisenstein can help you go from a place of uncertainty to freedom.