A civilian DUI case where the stop occurred on a military base will be generally heard in San Diego Federal Magistrates Court. There are areas of joint state and federal jurisdiction like the Camp Pendleton main gate where the M.P. s (military Police) make the stop but call CHP or Oceanside Police to handle the arrest, then the case is heard in state Court in Vista. If the CHP or local police were not called or involved, and it was all handled by M.P.s, then it is a federal case. Military personnel are subject to military proceedings.
A DUI blood test may be given after arrest instead of a breath test in Vista or anywhere in California if the officer reasonably suspects drugs in your system, you request a blood test, the official breathlyzer is not working properly or available, also if you refuse any test and the officer may get a warrant for a forced blood draw or may draw it over your objection if there are exigent circumstances allowing a forced blood draw without a warrant. A refusal to take a test, blood if required or breath, will result in a loss of license by DMV for a year on a first offense regardless what happens in Court with the criminal case if the officer followed the proper refusal protocol.
There are potentially two DUI suspensions with a first offense or .08 B.A case in Vista and all of California, one as a result of the DMV for driving with a .08 B.A. (blood alcohol level) or more which is 4 months. This can be challenged by setting a hearing within 10 days of your arrest. The other for a DUI conviction. However, after one month of actual suspension from by the DMV, this 4 month suspension can be converted to a work and DUI program restriction for 5 months as long as your license was in good standing and you were 21 or over when arrested. The conviction suspension is also able to be converted to a restriction without a waiting period, but with similar requirements.
A misdemeanor third DUI conviction with in 10 years in North San Diego County and all of California is still a misdemeanor, but carries a mandatory minimum custody 120 days to 1 year. A high blood alcohol level or an accident is an aggravating factor which could result in a sentence much greater than the minimum 120 days. Some other factors that are considered include whether or not you are still on probation on a prior, how long since your last offense occurred, was your license suspended at the time and was there an accident.
Misdemeanor DUI charges must be filed by the prosecutor within 1 year of the arrest in Vista Courts as well as all Courts in California. This is the statute of limitations which prevents misdemeanors from being filed after 1 year. After you are arrested, you are given a Court date when released from Jail. This date is usually within 30 days, but if the case is not filed by your Court date, it can still be filed and you notified within the year deadline. These cases are handled in Vista if they if they occurred in North San Diego County, and are a misdemeanor "Driving under the Influence" if no one else was injured, there is no felony DUI prior within 10 years and this latest case is not a fourth offense within 10 years.
DUI cases for people under 21 years of age and with a low blood alcohol (B.A.) require more information to realistically evaluate the case. Generally, lesser charges are for cases where there are facts which justify a reduction because there are legal or factual issues and or significant mitigating factors. For instance, the blood alcohol level at .09 is relatively low, but it depends on when the test was taken, statements to the officer, witnesses or admissions to the driving, prior record, field sobriety tests, attitude with the officer, and dangerousness of the driving. The fact someone was under 21 is an aggravating factor as well as an accident.
A drug DUI carries the same consequences if convicted, but there are differences in how they are handled. A drug DUI does not trigger the DMV suspension at the time of arrest like an alcohol DUI does. They both trigger a suspension if convicted of driving under the influence whether it was alcohol or drugs. This suspension can be immediately converted to a "restricted license" with the filing of the SR-22 proof of insurance, program enrollment and payment of a reissue fee. Any alcohol DUI arrest triggers a four month suspension on a first offense if you are .08 blood alcohol (B.A.) level or more, or under 21 and .01 B.A. or more and you have to set a hearing to challenge that suspension. It cannot be converted to a restricted license until after 30 days of the suspension has passed.
DUI checkpoints significantly increase over the Christmas and New Year's holidays in Vista, Oceanside, Carlsbad, Encinitas and throughout California. These checkpoints not only result in helping to keep impaired drivers off the road by arresting them, but their mere existence also has a psychological effect on people deciding whether to drive after drinking. Many people will think twice about getting behind the wheel after drinking alcohol or using drugs for fear they might drive get stopped at a checkpoint. The costs of being arrested, vehicle towed, insurance, Court as well as the anxiety involved and possible impact on your future, far outweigh the inconveinence and minor expense of a taxi or other arrangement.
Avoiding a DUI in Oceanside is easy. Don't drive while impaired on alcohol or drugs and don't drive with a blood alcohol (B.A.) level of .08 or more. How is that for good advice! You are probably saying "...But how do I do that and still party?" You plan your partying and have a backup emergency alternative if you are caught without a plan...like have someone you can call, or somewhere you can stay over night, call a cab,...or don't drink or use drugs.
DUI blood alcohol and drug levels are always are changing. DUI laws make it illegal to ""drive" under the influence of alcohol, drugs or a combination of the two or drive wiith over .08 blood alcohol (B.A.) level or more. The B.A. level or drug level is always climbing or falling. There are general guidelines which help forensic alcohol/drug experts estimate levels at the time of driving even though the tests are later.