Santa Barbara DUI Lawyer

Aggressive DUI Defense in Santa Barbara, Ventura, San Luis Obispo & Santa Maria, CA

A DUI conviction in California can negatively impact many aspects of your life, from employment to housing, advanced educational opportunities, professional license qualification, and immigration status for noncitizens. You can face reputational loss, and, in some instances, you could lose your job and livelihood, causing severe financial distress.

Driving under the influence is a serious offense and social issue. Aside from the reputational damage, you could face criminal penalties including jail time, license suspension, substantial fines and fees, community service hours, mandatory installation of an ignition interlock device (IID), and a permanent criminal record.

Hiring a competent and trusted DUI lawyer in Santa Barbara is critical in these cases. DUI is a complex legal issue with many potential pitfalls. Without a professional, you risk facing the full brunt of its criminal consequences. At Sanford Horowitz Criminal Defense, you can work with a proven trial lawyer who will take every legal measure to help protect your rights, challenge the prosecution’s charges, and work toward the best possible outcome.

Reserve your free initial consultation with our Santa Barbara DUI attorney. You can reach us online or at (805) 749-5670 to get started with a drunk driving attorney near you.

Understanding the DUI Legal Process in Santa Barbara

You will commonly be charged with two distinct but related criminal defenses when arrested for a DUI in California. These include California Vehicle Code Section 23152(a) and 23152(b). 

A VC Section 23152(A) violation applies if you were arrested based on evidence that your mental or physical driving abilities were impaired. You can be charged with this regardless of your blood alcohol concentration (BAC) as measured in a breathalyzer or other chemical test.

The VC Section 23152(B) violation is known as a “per se” offense. You can be convicted of this offense even if you drove perfectly and exhibited minimal signs of physical or mental impairment from intoxication.

A “per se” violation only requires the prosecutor to prove that a lawfully administered chemical test of blood, breath, or urine established that you were operating a motor vehicle with a BAC of .08 (the legal limit) or higher.

You can also be charged with a DUI in California when under the influence of drugs, including marijuana, controlled substances, prescription medicines, or over-the-counter medications, such as sleep aids and allergy drugs. Driving under the influence of drugs carries equivalent enforcement and penalties as alcohol-based DUIs, but you will need to work with a DUID attorney in Santa Barbara who knows how to handle the nuances of drugged driving cases.

DUI Investigations in California

Unless you are stopped at a DUI checkpoint or involved in an accident, a DUI investigation usually includes being pulled over for erratic driving or a traffic violation.

When an officer stops your vehicle, they typically will not have enough evidence for a DUI arrest. The officer will likely ask you several questions about where you are coming from and whether you have been drinking.

While you should not lie to the officer, you should not answer these questions unless you have ingested no drugs or alcohol. While you should have your license and registration ready to provide to the officer, you are not required to answer questions about your activities.

These questions serve two purposes for police officers. First, they want you to provide incriminating statements so that they can initiate a DUI investigation. Second, they observe you for physical signs of intoxication like red eyes, alcohol on your breath, slurred speech, and similar indicators.

No benefit exists in being belligerent. State that you are not comfortable answering questions without a lawyer.

Field Sobriety Tests in Santa Barbara

At some point, the officer will probably ask you to participate in field sobriety tests (FSTs) and to submit to a portable breath test. These preliminary forms of alcohol or drug screening are administered to support probable cause for a DUI arrest in California. Probable cause is based on the legal standard that officers must have justification for making an arrest.

However, you are not obligated to submit to either of these screening procedures, so it is usually not in your interest to do so unless you have not ingested any drugs or alcohol. While the officer might still arrest you for DUI, you will have limited the evidence available to the prosecutor.

Penalties for Refusing Formal Chemical Testing

Understanding the penalties for refusing formal chemical testing under VC Section 23612 is vital. A refusal following a lawful arrest will result in additional penalties, depending on previous offenses.

For a first offense, these additional penalties include:

• two extra days in jail, an administrative license suspension of one year,
• and nine months in DUI school.

A prosecutor may also comment on the refusal as consciousness of guilt and continue to pursue a criminal case based on the officer’s observations.

Local DUI Defense in Santa Barbara: Navigating Unique Challenges

Living in Santa Barbara, you know that our community values safety and responsibility. However, a first offense DUI can happen to anyone, and the consequences can be daunting. The Santa Barbara County Sheriff's Office and the California Highway Patrol are vigilant in monitoring our roads, especially around popular spots like State Street and the waterfront. This means that even a minor lapse in judgment can lead to significant legal trouble.

One of the unique challenges in Santa Barbara is the frequent DUI checkpoints, particularly during local events and holidays. These checkpoints are often set up in high-traffic areas, making it easy to get caught even if you’ve had just one drink.

Additionally, the Santa Barbara Superior Court, located downtown, handles numerous DUI cases, and navigating this local legal landscape requires a deep understanding of the court's procedures and the local prosecutors' tendencies. While we do not claim any direct partnership with local government entities, being familiar with their operations and expectations is crucial for mounting an effective DUI defense.

For residents of Santa Barbara, the impact of a DUI extends beyond legal penalties. The local job market, particularly in sectors like tourism and education, can be unforgiving to those with a criminal record. Losing your driving privileges can also be particularly challenging in a city where public transportation options are limited, making it harder to commute to work or school.

DMV Hearing Process & Your Driving Privileges

In addition to the criminal proceedings, there's an administrative aspect to DUI offenses handled by the Department of Motor Vehicles (DMV). Upon a DUI arrest in California, you have only 10 days to request a DMV hearing to contest the automatic suspension of your license. This administrative hearing is a separate process from the criminal court proceedings and focuses solely on the status of your driving privileges.

During the DMV hearing, evidence will be reviewed to determine if your license will be suspended or not. This hearing is less formal than a court trial, but it's imperative to approach it with a solid defense strategy. Working with a DUI attorney from Sanford Horowitz Criminal Defense can greatly enhance your chances of keeping your driving privileges, as we will ensure all procedural technicalities are thoroughly addressed.