A First Offense DUI within San Diego is a misdemeanor most commonly convicted in two parts, usually called (a) count and (b) count, according to California Vehicle Code section 23152. These alcohol associated driving offenses include (a) the illegality of driving under the influence and (b) the ratio of alcohol- more than 0.08 percent- per 100 milliliters of blood, in addition to factors such as weight. Any prosecuted offenses under the following subdivision are automatically considered to have had more than 0.08 percent of alcohol within their bloodstream at the time of driving (Section 34501.16). This is concurrent with the occurrence of a chemical test at most three hours from the event of the driving.
The conviction of an offender for an (a) count misdemeanor depends on two contingencies: that the offender was operating a motor vehicle and the belief that the offender was under the influence during the time of the operation of the motor vehicle.
In order to properly convict an offender for an (a) count misdemeanor, the prosecutor must prove the occurrence of both. Contrary to popular belief, regardless of whether or not your BAC contains less than 0.08 percent of alcohol, you can still be prosecuted for a DUI.
In San Diego, California, the use of a motor vehicle refers to any form of movement of the vehicle, or circumstantial signs of the operation of a vehicle, such as illuminated headlights or keys in the ignition. Additionally, the observation of the movement of a vehicle by an officer will suffice as evidence toward the operation of the vehicle.
The determining of whether or not the driver was under the influence is by multiple factors. Mainly, any signification that the driver was in any way mentally or physically impaired and within a state in which he or she could not function in a cognitive state can be used as evidence toward prosecution. This may include swerving, an accident, and any other form of reckless driving.
In order to be convicted of section (b) of the California Vehicle Code, the offender must have been driving a motor vehicle and containing more than 0.08 percent of alcohol within his or her bloodstream, per 100 milliliters.
The determining of whether or not a motor vehicle was operated for (b) count is identical to that of an (a) count offense. This would involve the witnessing of movement from a vehicle by an officer, or circumstantial clues that could lead to the belief of such.
Prosecution can only occur for a driver if the prosecutor had conducted a breath or blood test upon the driver and can prove that the driver had been driving with a BAC of more than 0.08 percent. If a drug test is taken within three hours of the time of driving, it is automatically assumed that the driver experienced the same ratio of alcohol in the body as was indicated by the drug test.
If the breath or blood test was taken from the driver more than three hours after the time of driving, the prosecutor must be capable of proving that the ratio of alcohol was above 0.08 percent at the occurrence of the operation of the motor vehicle.
Penalties for first offense DUIs in San Diego include up to one year in county jail; informal probation for three to five years, fines and assessments of $1600-$2300, 3 to 9 month within a DUI Program, a 6 month to one year license suspension, installation of an Ignition Interlock Device for up to three years; and insurance repercussions.
Additional repercussions may be added if aggravating factors are present, such as a child in the vehicle or accident.