Santa Barbara DUI Attorneys

Most DUI convictions involve some period of incarceration, no matter how short. DUI penalties can include probation, fines, mandatory DUI education programs, incarceration, driver’s license suspension, and other penalties. Your first DUI offense is punishable by up to six months in a county jail. However, this does not mean that you must spend six months in jail. In fact, you may be able to avoid incarceration – depending on the circumstances surrounding your case. The county that you were arrested in can change the specific penalties imposed by the court for your first drunk driving conviction as well.

Generally speaking, a drunk driving conviction will not affect your financial record. DUI is documented on your criminal record, which means that it will show up during a background check – not a credit report. However, a drunk driving conviction can have an indirect impact on your finances. Even a first-time DUI is punishable by $1,000 in fines. If you are unable to pay and go into debt because of the fines associated with your conviction, your credit score could suffer. Additionally, any criminal conviction could impact your ability to obtain a job, further impeding your ability to pay for the DUI.

A drunk driving arrest will not affect your ability to obtain a new job. However, a DUI conviction will remain on your criminal record for ten years. During this time, prospective employers can see the conviction on your record, which may affect their decision to hire you. Some jobs, such as daycare employment, teaching, or jobs that involve driving are extremely selective when it comes to hiring convicted drunk drivers. You may also be denied entry into the U.S. military or other government jobs.

An underage DUI conviction will not typically affect your ability to apply for college. However, you may not be eligible to receive certain grants and scholarships after a drunk driving conviction. Some colleges may ask about your DUI and wish to discuss your conviction during the application process, though. Because of this, it is always best to combat any drunk driving allegation – even if it will not affect your college applications. A DUI conviction can still impair your ability to obtain employment and may indirectly affect your ability to attend college by imposing mandatory fines and extensive DUI education programs.

The Interstate Driver’s License Compact (DLC) allows motor vehicle departments from most states to communicate with each other regarding serious traffic violations. In other words, a California DUI charge will stay on your criminal record if you move to another state. If you were arrested for driving under the influence in California but live in another state, your home state may impose additional legal consequences. For instance, if the DMV suspends your ability to drive in California, you may not be able to drive in other states as well.

Yes. Law enforcement can arrest you for driving under the influence of alcohol, regardless of your BAC. According to California Law, it is unlawful to drive with a BAC that equals .08%. It is also unlawful to drive under the influence of alcohol, even if your BAC is less than. 08%. Police might arrest you for simply being impaired behind the wheel, even if your BAC was .07%. You can also be arrested for driving under the influence of drugs.

Not necessarily. Law enforcement is only obligated to read your Miranda rights after you were arrested. The officer is not obligated to read your Miranda rights unless he/she interrogates you. In other words, the officer must ask you detailed questions about the DUI. If police fail to read your rights, your case will not be automatically dismissed. However, the statements that you make in custody could be inadmissible in court if law enforcement fails to read your Miranda rights.

Law enforcement uses a variety of methods to decide whether or not a driver should be arrested on suspicion of drunk driving. An officer might arrest you because he/she smelled alcohol on your breath and noticed that your words seemed slurred. Law enforcement may decide that you are under the influence if you were unable to complete field sobriety testing, had an open container or alcohol in your car, or exhibited other signs of impairment. Sometimes, drivers admit to consuming one or two alcoholic beverages before driving, which will lead officers to a DUI arrest.

You are never obligated to tell law enforcement that you consumed alcohol. According to the law, you do not have to answer any questions that might incriminate you in any way. Although it is not technically illegal to consume an alcoholic beverage and drive, law enforcement may assume that you are under the influence if you admit to having a drink. Instead, tell officers that you will not answer questions before speaking with an attorney.

While law enforcement cannot force you to submit to chemical testing, a refusal can result in stiff legal consequences. If you refuse to take a chemical test, your driver’s license could be suspended for one year. Additionally, if you are convicted of DUI after refusing to take a test, you may be subject to additional penalties – including incarceration. Refusal to take a blood test or breath test can also be submitted in court as evidence against you. Prosecutors might claim that you refused the test because you knew that you were impaired.

The term “wet reckless” refers to a specific offense that involves alcohol, but is not the same as drunk driving. In California, a wet reckless driving conviction implies that you committed a traffic offense that involved alcohol impairment or drugs. You cannot be arrested for wet reckless driving; prosecutors can only offer it as a plea bargain. For instance, prosecutors might offer you a wet reckless charge instead of an actual DUI offense. A wet reckless conviction has disadvantages and advantages. For instance, you may be subject to less probation and fewer fines. However, your insurance company may treat a wet reckless conviction like a DUI and you could still lose your driver’s license.

Yes, you may be able to avoid a mandatory driver’s license suspension, even if chemical testing indicated that your BAC exceeded the legal limit. If you were arrested for DUI because of chemical testing, the DMV may decide that you can keep your license during the DUI process. Chemical testing, field sobriety tests, and other forms of evidence are not always accurate. If law enforcement failed to administer a test correctly, the DMV may set aside your license suspension.

Sometimes. The ramifications of a drunk driving conviction are not limited to incarceration and fines; it can reach far beyond the legal realm and into every facet of your life, even a child custody agreement. Many people think that DUIs are “minor” criminal offense. In reality, California law takes DUI very seriously. If you were convicted of a DUI offense in the past, you may not be eligible to obtain custody of your children in the future. For example, multiple DUI charges within a short amount of time may cause a judge to question your ability to care for children. If you lose your driver’s license to a DUI conviction, the court may not grant custody simply because you lack the means to transport your children to and from school, etc. In short, a DUI offense may not always affect your child custody agreement, but multiple charges and extreme circumstances could prevent you from obtaining custody.

Every DUI case is different, but the California Department of Motor Vehicles (DMV) estimates that the average DUI conviction in California costs approximately $6,641. The specific amount can change depending on the driver’s prior offenses and the circumstances surrounding his/her case. For example a DUI causing injury could be subject to enhanced fines and restitution to injured parties. A standard DUI may not be punishable by these additional consequences. Other costs include court costs, impoundment fees, vehicle towing, and increasing insurance payments. The Santa Barbara DUI lawyers from Lessem, Newstat & Tooson, LLP can help you avoid a DUI conviction and these financial penalties.

After a DUI conviction, the court may impose a mandatory DUI education program or “DUI school.” DUI schools are designed to decrease the number of individuals convicted of multiple drunk driving offenses. Generally speaking, you cannot enroll in a DUI school unless you have a mandatory court order to complete the program. First-time DUI offenders may be required to attend a DUI school as long as nine months. However, the court can impose a shorter education program. Repeat offenses can result in 18-month or 30-month programs.

You may be able to obtain an expungement under certain circumstances. DUI expungements are not easy to obtain. Additionally, you can only pursue an expungement if you completed your probation and are not on probation for another offense. You cannot expunge your drunk driving offense if you are currently facing additional legal charges. If you went to federal or state prison for your drunk driving charge, the court will not allow the offense to be expunged. However, if you are able to expunge the DUI, you are not obligated to report the offense on job applications, etc.

Contact a DUI lawyer as soon as possible. The DUI process begins when an officer decides to pull you over. If you are arrested for driving under the influence, you could be subject to severe penalties – including jail time and driver’s license suspension. On average, a drunk driving conviction can cost $10,000. Don’t leave your future at the mercy of the court. Call Lessem, Newstat & Tooson, LLP, and let a top-notch Santa Barbara DUI lawyer work for you. With our team on your side, you can have peace of mind knowing that your case is in good hands.

It is illegal to operate a motor vehicle without car insurance. However, you insurance provider may decide to cancel your insurance coverage if you are convicted of driving under the influence of alcohol or drugs. If your provider cancels your policy, you will need to find a new care insurance provider. Speak with your insurance company before obtaining new coverage, though; you may be able to obtain coverage through the same company but without the good driver discount.

After a DUI conviction, your insurance company will submit any relevant changes in your insurance policy to the DMV. After the DMV learns that your policy is no longer active, you will receive a notification from the department, explaining that you have 45 days to obtain new insurance coverage. If the DMV does not receive notification of a new policy within 45 days, it will suspend your vehicle registration. Once you sign up for a new policy, your insurance provider must submit a California Insurance Proof Certificate (SR 22) to keep the DMV from suspending your vehicle registration.

Multiple factors will determine the cost of your auto insurance after a DUI conviction. In some instances, the cost of your insurance could increase by 300%. One thing is certain: you will not be eligible to receive a good driver discount. Combined with an adjusted insurance policy, you could easily spend $300 to $800 more every year on car insurance. If your insurance company labels you a “high risk” driver, you may only be eligible to obtain a high risk driver insurance policy. If you previously received a good driver discount, the cost of your car insurance could increase by an additional 20% – 30%.

Along with most states in the nation, California has an “implied consent” policy that governs the administration of chemical tests for individuals who have been arrested on suspicion of drunken drinking. According to implied consent, if a police officer has arrested you on probable cause for driving under the influence, the law considers that you have effectively consented to taking the BAC test.

This chemical test must be taken immediately at the time of the arrest and the officer must allow you a choice between a breath or blood test. If neither of these are available, a urine test (the least accurate of the three options) will be administered. If you wish to learn more about the particulars of the implied consent law, you can read California Vehicle Code § 23612.

There is a legal provision within the law which states that any driver who suffers from a heart condition or hemophilia or taking anticoagulants cannot be required to take a blood test. In such cases, however, the driver must still submit to a breath or urine test.

Prior to arrest, the officer will ask you to take a field sobriety test. He or she can use the results to establish probable cause for DUI. The officer should make it clear that you do not have to take this test.

The first test—known as a field sobriety test—will test whether your balance and coordination has been impaired by alcohol. The officer may ask you to walk in a straight line, to stand on one leg, or to follow a small flashlight beam with your eyes.

If the officer arrests you for drinking and driving, a chemical BAC test will be administered. This test will serve as a scientific method of determining whether or not you are over the legal limit. There are three types of samples that can be used to determine BAC: blood, breath, and urine.
The blood test is considered the most accurate way to determine the level of drug or alcohol in a person’s body. A defense lawyer may still be able to contest the results, however, if it is discovered that the blood sample was not properly preserved or there was an error in the reading.

The breath test is less certain. The police officer will use a “breathalyzer” device to gage how much alcohol is present in the sample of exhaled air. Typically, this number is then multiplied by 2,100 because the average person will have about 1/2100 as much alcohol on their breath as in an equivalent amount of blood. Different factors can affect these results. For example, any stomach fluid or certain mouthwashes or breath cleansers present in the person’s mouth can change the reading. The officer should watch a person for about 20 minutes prior to administering the test in order to ensure that the reading will be accurate, but because so much guesswork is involved a skilled DUI attorney may be able to help you challenge DUI charges based on breathalyzer results.

The urine test is the least accurate of the three and is usually only used if the officer does not have the necessary equipment present to test either breath or blood. The officer can only get a correct reading if the person first empties their bladder (eliminating any misleading prior factors) and then supplies a second sample 20 minutes later.

Each of these samples will provide an accurate reading in most cases, but not always. An experienced DUI attorney may be able to help you challenge the results of your BAC test.

Yes. You can be accused and convicted of drunk driving even if your blood alcohol content (BAC) is less than the legal limit. In all fifty states, it is illegal to drive with a BAC of .08% or more. According to the California Vehicle Code § 23152(a), it is unlawful for a driver to operate a vehicle under the influence of any alcoholic beverage or drug. In other words, it is illegal to operate a vehicle if your ability to drive is impaired by a controlled substance – even if your BAC is less than .08%.

The term “horizontal gaze nystagmus” refers to an involuntary jerking eye movement that occurs when the eyeball is rotated to the most extreme peripheral. Typically, this movement only occurs when you look to the side. However, a high BAC might cause the movement to occur at other times. The HGN test is performed by slowly moving a small flashlight or pen in front of the subject’s eyes and moving it back and forth. During the test, the officer looks for three indicators of impairment:

• Can the subject’s eyes follow the object smoothly?
• Does the eye begin to jerk when the eye looks to the side?
• Does the eye jerk within 45 degrees of the eyeball center?

If the officer identifies four of these clues between the subject’s eyes, the subject may be arrested for drunk driving. However, alcohol impairment isn’t the only factor that can cause your eyes to move involuntarily. Contact lenses, fatigue, seizure medications, inner ear disturbances, certain medications, and pathological disorders can cause the involuntary movement at random times. According to the National Highway Traffic Safety Administration (NHTSA), a well-trained law enforcement officer should be able to determine whether or not the nystagmus is caused by alcohol impairment or another factor.

The NHTSA reports several factors that may affect the admissibility of the HGN test. For example, the prosecution can submit the test as scientific or a simply observation of the defendant’s physical traits. Under certain circumstances, the HGN test may not be considered reliable scientific evidence. Additionally, the test may be disregarded in court if it wasn’t administered properly. For example, an improperly trained law enforcement officer could easily administer the test incorrectly. If any of these factors are not in place, the test results may be ignored in court.

The Walk and Turn and the One-Leg Stand are considered “divided attention” tests. During the test, the subject is asked to complete a simple task while listening to instructions from a law enforcement officer. Generally speaking, these tests are easy to complete when you are sober and difficult to execute effectively while you are drunk.

The Walk and Turn test involves nine steps. First, the subject is instructed to place his/her left foot on a designated starting line (with the right heel against the left toe). Then the officer tells the subject to complete nine heel-to-toe steps, turn, and complete nine more steps back to the starting line. The subject must count each step out loud.

During the test, the officer will look for the following signs of impairment:

• Unable to balance
• Staring early
• Stopping during the test
• Stepping off of the line
• Using arms to balance
• Turning improperly
• Taking the wrong number of steps

Like the Walk and Turn, the One-Leg Stand involves a set of instructions and a simple task. During the test, the law enforcement officer will tell the subject to stand with his/her feet together. Then, the officer will instruct the subject to raise on leg approximately six inches off the ground and begin counting out loud until instructed to do otherwise. During the test, the officer will look for the following clues: swaying back and forth, balancing with arms, hopping to maintain balance, place foot on the ground to maintain balance. If the subject exhibits two or more of the following signs, he/she may be arrested for driving under the influence.

A DUI investigation occurs after law enforcement conducts a traffic stop. For example, an officer might notice an open contain of alcohol in a car after pulling the driver over for driving erratically. At this point, the officer would have probable cause to begin a DUI investigation. Without further evidence, the officer cannot legally investigate. As the DUI progresses through each stage – traffic stop, investigation, and arrest – the officer must uncover more and more articulable evidence that the driver is under the influence. Once an officer pulls you over on suspicion of drunk driving, he/she cannot begin an investigation without additional evidence of DUI.

A DUI investigation involves questions, field sobriety tests, breathalyzer testing, etc. For example: an officer might begin a DUI investigation by asking you multiple questions about your alcohol intake, where you came from, and where you are driving. He/she could ask you to perform roadside sobriety tests or request that you submit to preliminary BAC testing.
If the police officer begins an investigation without reasonable suspicion of DUI, any evidence collected against you during the investigation could be inadmissible in court.