SAN LUIS OBISPO DUI ATTORNEY
If you or a loved one have been arrested for driving under the influence of alcohol or drugs, then you need an experienced San Luis Obispo DUI attorney who will work tirelessly to ensure that your rights are protected. At the San Luis Obispo, California law firm of Earl E. Conaway, III, A Professional Law Corporation, we are committed to fighting for our clients. We will vigorously litigate for your rights and for your future.
Backed by over fifteen years of criminal defense trial experience, we are equipped to get the results you desire. Our attorney has spent his entire professional legal career on California’s Central Coast and has worked closely with many of the judges and deputy district attorneys in the area. Earl E. Conaway, III, is an innovative attorney who explores creative legal solutions tailored to each client and provides one-on-one attention throughout your case.
WHAT CONSTITUTES DRIVING UNDER THE INFLUENCE IN CALIFORNIA?
In California, it is illegal to drive a motor vehicle while under the influence of drugs or alcohol. One is considered to be “driving under the influence” if they are not able to safely drive due to the consumption of alcohol or drugs. In regards to the latter, the law applies to legal prescription medication as well as illegal narcotics. If the use of alcohol or drugs is shown to have impaired you to the point that you cannot safely drive, then you can be arrested regardless of the amount of a substance you drank or consumed.
It is automatically illegal to drive with a blood alcohol concentration (BAC) over a certain limit. California’s BAC limits, which make it automatically illegal to drive a vehicle are:
.08 percent for those 21 years of age or older
.01 percent for those under 21 years of age
.01 percent if you are on probation for DUI
Your BAC is determined through testing. Under California’s “implied consent” law, you are considered to have consented to such testing in exchange for the privilege of obtaining a driver’s license. This means that law enforcement generally may conduct testing if law enforcement suspects you of driving under the influence.
CALIFORNIA’S PENALTIES FOR DUI
California’s penalties for a DUI will depend on the circumstances. In many cases, the penalties for driving under the influence will be as follows:
For a first offense misdemeanor - one can receive up to six months in jail in addition to a fine.
For a second offense misdemeanor - one can receive a minimum of ten days in jail, and a maximum of one year in county jail, in addition to fines.
For a third offense misdemeanor - one can receive a minimum of 120 days, and a maximum of one year in jail, in addition to fines.
A fourth offense for DUI will be charged as a felony. This can result in up to three years in prison as well as a felony conviction on your record. Such a conviction can make it difficult to obtain employment, housing, etc. due to background checks.
Whether a DUI conviction will count as a prior, in the event of a future conviction, will generally depend on the time the previous offense occurred. If an offense did not occur within ten years of the current conduct, then it typically will not be considered a “prior.”
Additional penalties that attach to misdemeanor DUI offenses include the suspension of one’s driver’s license, the requirement of attending DUI school, and possibly being required to place an ignition interlock device in your vehicle.
It is important to understand that aggravating factors can result in a DUI being charged as a felony even if it is only one’s first offense. Situations that can elevate a misdemeanor to a felony can include:
Driving with a minor in the vehicle while you are intoxicated
Causing an accident in which another individual is injured or, worse, killed
Aggressive behavior towards law enforcement
Such conduct may also result in additional misdemeanor or felony charges in addition to a charge of driving under the influence. Furthermore, one convicted of driving under the influence faces the possibility of higher insurance premiums as well as other increased life difficulties. Such situations should be taken very seriously, and it is strongly suggested that you retain an experienced DUI defense lawyer to assist you.
DEFENDING AGAINST SAN LUIS OBISPO DUI CHARGES
Many defendants make the mistake of believing that there is “nothing they can do” after they have been charged with DUI. This may not be the case as there are defenses that often arise in such matters. Examples of how one may be able to defend against charges of driving under the influence include:
Vehicle stops which violate the Fourth Amendment - Law enforcement cannot stop your vehicle simply because they want to. Instead, the police must have “reasonable suspicion” of criminal activity in order to pull a vehicle over. If it can be shown that the police stopped your vehicle without a justifiable reason to do so, then it may be possible to have all subsequent evidence excluded from Court proceedings.
Unreliable administration of preliminary alcohol screenings - California allows officers to administer a “preliminary alcohol screening” (PAS) test. There are a number of factors that can result in this test being inaccurate. Also, officers must administer the test correctly or else the results may be challenged in court.
Improperly administered or faulty breathalyzer tests - It is common for law enforcement to administer a breathalyzer test after the preliminary alcohol screening. If the police cannot show that the testing machine was properly calibrated and that it was operated properly, then it is possible to have the results of the test excluded from Court proceedings.
Challenging the admission of blood tests or other testing - It is the prosecution’s burden to present evidence of DUI. If the prosecution is relying on the result of a blood test to prove intoxication, then they must be able to demonstrate that the sample has been properly handled all the way through a “chain of custody.” If they cannot demonstrate that the sample has been properly maintained throughout the process, then the results may be ruled inadmissible.
Proving a medical issue that renders testing unreliable - You may have a medical issue that results in a “false positive” when standard DUI testing is applied. Gastroesophageal Reflux, for example, can cause a person to have acid in their esophagus which, in turn, can result in faulty breathalyzer readings.
RETAIN A SAN LUIS OBISPO DUI ATTORNEY IF YOU HAVE BEEN ARRESTED
If you have been arrested for driving under the influence, then it is important to remember that the case may not be as simple as it seems. Discussing your situation with an experienced attorney can help to ensure that you are exploring all of your options. If you have been arrested, then contact us online or by telephone today to speak with a San Luis Obispo DUI attorney.
WE WILL FIGHT FOR YOUR FREEDOM
The Government has virtually unlimited resources to pursue whatever punishment it deems fit, and is often focused on securing a conviction. We are not afraid to stand up to the Government to make sure your side of the story is heard. Our San Luis Obispo criminal defense attorney is trusted throughout California to provide representation in serious criminal defense matters and crimes on campus.
Request a free, no obligation initial consultation by calling our office at 805-546-8797 or by contacting us online. All messages are promptly returned. Our office is near the San Luis Obispo County Courthouse, and we offer flexible appointment scheduling and jail visits as necessary.
Please note: Mr. Conaway also represents clients in a variety of other criminal law and personal injury matters. For more information, please visit: https://www.slopersonalinjuryattorney.com/
EARL E. CONAWAY, III OFFERS COMPASSIONATE, INDIVIDUALIZED AND DETAILED REPRESENTATION
CONTACT US TODAY!