San Diego DUI Lawyer

Drinking and driving do not mix.  If you must drink, make sure you have a designated driver who will not drink, and who will get you home safely.  By following this rule, you are certain to avoid going to jail for driving under the influence (DUI).  DUI is the most frequent crime committed in the United States.

However, if you cannot listen to this life-saving rule, just remember - getting stopped and being arrested in San Diego for DUI is a very serious charge.  My name is DUI Guy and I am a criminal attorney who practices exclusively in DUI Defense, exclusively in San Diego and will fight for your rights.  I have successfully defended many people for DUI charges in San Diego and I will give you results you can live with.  Our firm is familiar with all DUI laws, plus we have a positive relationship with the judges and prosecutors in the area.

If you are pulled over
San Diego Police Officers are trained to look for suspicious driving behaviors which include but are not limited to:

  • Weaving
  • Swerving
  • Making wide turns
  • Driving on the center lane marker
  • Slouching in the seat
  • Speeding
  • Driving slower than 10 mph
  • Stopping for no reason
  • Following too closely
  • Braking erratically
  • Headlights off at night


Most San Diego police officers are on the look-out for drunk driving after midnight.  A DUI conviction is a felony if the drunk driving was negligent and/or injured another person.

 

You have a right to remain silent
California law gives you the right to remain silent and not to answer any questions other than your identity.  Be polite and respectful; say little and by doing this, there will be no statements to hold against you in a court.  If you are arrogant or disrespectful, it could result in additional charges being thrown at you.  It could end up where you have to post bail before allowed out of jail.

Roadside Breath Test
If you are 21 or older, you have the right to refuse to take an alcohol screening test at the scene.  This is a voluntary test which you do not have to take.

Blood or Breath Test
If you have been arrested, you do not have the right to refuse a blood or breath test.  If you refuse, the consequences will be severe.  By carrying a California driver’s license, you have an “implied consent obligation” to take a blood or breath test AFTER being arrested.  This can be very confusing; you need to obtain an attorney as soon as possible.

 

Summary of the Facts

A DUI charge consists of 2 charges:

Driving under the influence of alcohol and/or drugs
Driving with a blood alcohol content of .08% or more

The penalties are the same for both offenses

  • A conviction on either offense counts as 2 points against your negligent operator count at the DMV
    • Your car insurance will increase

If you receive more DUI charges, the punishment is more severe

    • Will include higher fines and jail or prison time
  • Refuse a blood or breath test -  you will lose your license for 1 year

Take a test and your blood alcohol is .08 % or higher – the officer will take your driver’s license

  • You will receive a 30-day temporary permit from DMV

 

    • Your lawyer needs to request a hearing within 10 days of your arrest – if he does not, you will lose your license for 4 months
    • Your lawyer can show evidence why you should not lose your license
    • You can apply for a restricted license to drive to work
    • If you win your court case, the DMV will return your license

    The Law

    The State of California has new laws increasing penalties for driving under the influence; they are more severe than penalties given on other types of felony charges.