DUIs
DUI Defense
Driving under the influence (DUI) is one of the most common criminal charges in California, but it is also among the most complex to defend. A DUI arrest can result in severe penalties, including license suspension, hefty fines, mandatory DUI programs, and potential jail time. Additionally, DUIs often come with collateral consequences such as impacts on professional licenses, military careers, or immigration status.
At Scott David Thomas Law, we understand the high stakes of DUI charges. Whether you are facing a first offense or a complex case involving related charges, our goal is to protect your rights, challenge the evidence against you, and achieve the best possible outcome.
Penalties for DUI in California
DUI penalties can vary significantly based on the specifics of your case:
First Offense: Fines up to $1,000, license suspension, DUI school, and possible jail time.
Second or Third Offense: Increased fines, extended license suspension, mandatory ignition interlock device, and longer jail sentences.
Felony DUI: Prison time, substantial fines, and permanent record implications.
Complex DUI Cases: Beyond the Basics
DUI charges are rarely simple. Often, they involve additional legal issues that can complicate your case:
Related Charges: Arrests for DUI may include associated charges like possession of drugs, contraband, hit-and-run, or even domestic violence allegations if disputes occurred before the arrest.
Aggravating Circumstances: Driving with a high BAC, speeding, or having a child in the vehicle can significantly increase penalties.
Collateral Consequences: Professional and personal repercussions, such as impacts on employment, professional licenses, and immigration status, are critical concerns for many clients.
Our Approach:
We take a meticulous approach to identifying weaknesses in the prosecution’s case, including examining procedural errors, challenging the validity of BAC results, and scrutinizing law enforcement’s conduct during stops and arrests.
DUI Checkpoints and Constitutional Rights
California law requires DUI checkpoints to meet strict legal standards to protect drivers' constitutional rights. Law enforcement must follow specific protocols regarding the checkpoint’s location, signage, and operation.
If you were stopped at a DUI checkpoint, Scott David Thomas will:
Investigate whether the checkpoint complied with legal requirements.
Review your stop for violations of your Fourth Amendment rights against unlawful searches and seizures.
Challenge evidence collected improperly or without probable cause.
First-Offense DUI
A first DUI arrest can be overwhelming, especially if you are unfamiliar with the legal system. Common concerns include license suspension, mandatory DUI education programs, and increased insurance rates.
Potential Defenses for First-Time DUIs:
Improper Stop: Law enforcement must have a valid reason to pull you over.
Faulty Testing Equipment: Breathalyzers and blood tests can yield inaccurate results if improperly calibrated or maintained.
Medical Conditions or Environmental Factors: Conditions like GERD or medications can affect BAC readings.
Felony DUI and Aggravating Circumstances
In California, a DUI may escalate to a felony charge under the following circumstances:
Prior Offenses: A fourth DUI within ten years.
DUI with Injury: Accidents resulting in bodily harm to another person.
High BAC or Reckless Driving: Factors such as a BAC over 0.15% or excessive speeding.
Felony DUI convictions carry harsh penalties, including lengthy prison sentences, substantial fines, and permanent consequences such as losing firearm ownership rights or professional licensure.
Scott David Thomas will investigate every aspect of your case to challenge the evidence and seek reduced charges or alternative sentencing.
Scientific and Legal Complexities in DUI Defense
California DUI cases often involve highly technical evidence, including:
Blood Alcohol Concentration (BAC): Breathalyzer or blood test results can be challenged based on procedural errors or equipment flaws.
Field Sobriety Tests: These tests are subjective and may not accurately reflect impairment, especially for individuals with medical conditions.
Law enforcement must follow precise protocols during DUI stops, arrests, and chemical testing. Deviations from these protocols may result in the suppression of critical evidence.
Why Choose Scott David Thomas for Your DUI Defense
At Scott David Thomas Law, we understand the complexities of DUI defense and the personal and professional impact these cases can have on your life. Our firm is dedicated to:
Thorough Case Evaluation: Every case is unique, and we examine every detail to identify weaknesses in the prosecution’s evidence.
Client-Centered Representation: We understand the stress and uncertainty a DUI charge brings and work closely with you to provide guidance and support.
Aggressive Defense Strategies: From negotiating reduced charges to challenging procedural errors, we fight tirelessly for the best possible outcome.
Schedule Your Consultation Today
If you are facing DUI charges, time is critical. The sooner you consult with an experienced attorney, the better your chances of building a strong defense.
Contact Scott David Thomas Law for a consultation and let us help you protect your rights, your future, and your freedom.
Felony and Misdemeanor DUI Defense in California
DUI cases in California are complex and carry severe penalties, especially when injuries or other aggravating factors are involved. At Scott David Thomas Law, we are committed to providing a robust defense to those facing DUI charges, whether felony or misdemeanor, ensuring your rights are protected and every aspect of your case is carefully examined.
Felony DUI with Injury
A DUI may be charged as a felony in California if the driver caused injury to another person or met other qualifying criteria, such as prior felony DUI convictions. Under California Vehicle Code 23153, a felony DUI with injury is a serious charge, with penalties that depend on the unique facts of the case.
Elements the Prosecution Must Prove:
You drove a vehicle.
You were under the influence of alcohol or drugs while driving.
You committed an illegal act or neglected a legal duty while driving.
Another person was injured as a result of your actions or negligence.
Common Illegal Acts or Neglect:
Speeding.
Running a red light or stop sign.
Failing to yield.
Driving recklessly or negligently.
Typical Penalties for Felony DUI with Injury:
State Prison: 2 to 4 years, with an additional consecutive year for each injured victim (up to 3 years).
Great Bodily Injury Enhancements: An additional 3 to 6 years in prison.
Probation: 3 to 5 years of formal probation.
Fines: $1,000 to $5,000 in fines and court assessments.
DUI School: 18 to 30 months of court-approved DUI education.
License Revocation: 5 years of license revocation.
Ignition Interlock Device: Mandatory installation for up to 3 years.
Restitution: Payment to injured victims.
Criminal Record Strike: A strike under California’s Three Strikes Law if great bodily injury occurred.
Aggravating Factors Increasing Penalties:
High blood alcohol concentration (BAC).
Child passenger in the vehicle.
Accident occurring in a construction zone.
Driving at excessive speeds.
Misdemeanor DUI with Injury
A DUI with injury may be charged as a misdemeanor if the injuries were minor and no aggravating factors apply. As a wobbler offense, the prosecutor has discretion to file the case as either a misdemeanor or felony based on the circumstances.
Typical Penalties for Misdemeanor DUI with Injury:
Jail Time: 5 days to 1 year in county jail.
Probation: 3 to 5 years of summary probation.
Fines: $390 to $5,000 in fines and assessments.
DUI School: 3, 9, 18, or 30 months of DUI education.
License Suspension: 1 to 3 years.
Restitution: Payment to injured victims.
Ignition Interlock Device: Mandatory installation for up to 3 years.
Challenging Felony and Misdemeanor DUI Charges
At Scott David Thomas Law, we meticulously examine the evidence to identify weaknesses in the prosecution’s case. Common defenses include:
Challenging Field Sobriety Tests:
These tests are subjective and may not accurately reflect impairment.Questioning BAC Evidence:
Breathalyzer and blood tests can be flawed due to improper calibration, procedural errors, or medical conditions affecting results.Investigating Police Conduct:
If law enforcement failed to follow proper procedures, such as obtaining lawful consent for a search or administering tests within the required timeframes, key evidence could be excluded.Proving Lack of Negligence:
If the accident was unavoidable or caused by another party, you may not be liable for the resulting injuries.
Collateral Consequences of DUI Convictions
DUI convictions can have lasting impacts beyond criminal penalties:
Insurance Increases: Significant premium hikes or loss of coverage.
Employment Issues: Risk to jobs requiring driving or professional licenses.
Immigration Consequences: Deportation or denial of visas for non-citizens.
Why Choose Scott David Thomas Law?
When facing DUI charges, you need an attorney who understands the intricacies of California DUI law and has the skills to build a compelling defense. At Scott David Thomas Law, we are dedicated to:
Thorough Investigations: Identifying errors in BAC testing or procedural misconduct.
Tailored Defense Strategies: Crafting defenses specific to your case’s circumstances.
Client-Centered Advocacy: Ensuring open communication and prioritizing your goals.
Take Action Today
A DUI charge, whether felony or misdemeanor, can have life-changing consequences. The sooner you act, the more opportunities we have to protect your rights and secure the best possible outcome.
Contact Scott David Thomas Law for a free consultation to discuss your case. Together, we’ll navigate the legal complexities and fight to safeguard your future.
DUI While on Probation
Being charged with a DUI while on probation for a prior DUI carries additional risks. Under California law, DUI probation typically includes a zero-tolerance policy for alcohol consumption. A BAC of 0.01% or higher can lead to probation violation charges, while a BAC of 0.08% or higher can result in new DUI charges.
Consequences of DUI on Probation:
Revocation or extension of probation.
Increased penalties for the new DUI offense.
Mandatory installation of an ignition interlock device.
Additional fines, jail time, and mandatory DUI education programs.
How We Can Defend You:
We understand the complexities of defending DUI while on probation cases. Our strategies include:
Challenging BAC Evidence: Faulty breathalyzer or blood test results can be questioned.
Assessing Probation Conditions: Determining if any probation terms were unlawfully imposed or violated.
Negotiating with Prosecutors: Exploring alternative sentencing options, such as alcohol monitoring programs or reduced charges.
Wet Reckless Defense Lawyer in San Diego
A wet reckless charge in California is a lesser offense than a DUI and can only be offered as part of a plea bargain. While you cannot be arrested or charged directly with a wet reckless, it is often a favorable alternative to a DUI conviction. At Scott David Thomas Law, we work to secure the best outcomes for our clients, including negotiating wet reckless plea agreements in DUI cases.
What is Wet Reckless?
Under California Vehicle Code Section 23103 per 23103.5, a wet reckless charge involves reckless driving associated with alcohol or drug consumption. This charge may be negotiated in cases where there are evidentiary issues, such as:
A BAC near or slightly above 0.08%.
Problems with chemical testing accuracy or reliability.
Issues with the legality of the traffic stop or arrest.
Benefits of a Wet Reckless Plea
A wet reckless charge offers significant advantages over a DUI conviction:
Lower Fines: Reduced monetary penalties compared to DUI charges.
Shorter Jail Time: Maximum penalties are often lighter.
Less Severe License Consequences: May not trigger automatic license suspension, depending on circumstances.
Reduced Probation Terms: Typically involves less monitoring and fewer restrictions.
No Mandatory Ignition Interlock Device: Often avoids the requirement to install an IID.
While a wet reckless conviction still counts as a prior DUI for subsequent offenses within 10 years, the overall consequences are far less severe.
How We Can Help
Securing a wet reckless plea requires skilled negotiation and a thorough understanding of DUI law. At Scott David Thomas Law, we will:
Evaluate the evidence in your case to identify weaknesses in the prosecution’s arguments.
Challenge procedural errors, such as improper BAC testing or violations of your constitutional rights.
Present a compelling argument to the prosecutor for reducing your charge to wet reckless.
Driving on a Suspended or Revoked License
Driving on a suspended or revoked license is a serious offense under California Vehicle Code Section 14601.1. If convicted, you face fines, potential jail time, and additional license restrictions.
Penalties for Driving on a Suspended License:
First Offense: Up to 6 months in jail, fines up to $1,000, and probation for up to 3 years.
Second Offense: 5 days to 1 year in jail, fines between $500 and $2,000, and potential IID installation.
Defense Strategies for Driving on a Suspended License
At Scott David Thomas Law, we provide comprehensive defense strategies for clients charged with driving on a suspended license. Common defenses include:
Lack of Knowledge: Demonstrating that you were unaware of the suspension.
Emergency Circumstances: Showing that you were driving due to a legitimate emergency.
Improper Notice: Challenging the presumption that the DMV notified you of the suspension.
How We Help:
Advocate for reduced charges or penalties through negotiation.
Protect your driving privileges and explore alternative resolutions.
Provide representation in both criminal and DMV hearings.
Why Choose Scott David Thomas Law?
With extensive experience in DUI and traffic-related offenses, Scott David Thomas Law is committed to providing personalized, effective legal representation. We understand the high stakes of these charges and work diligently to minimize the impact on your life.
Contact us today for a consultation and let us help you navigate the complexities of DUI, wet reckless, or suspended license charges. Together, we can fight for the best possible outcome in your case.