Get help from a San Diego, California DUI Criminal Defense Attorney

Being arrested for DUI is a serious offense that can have major consequences, including loss of driving privileges, jail time, and monetary fines. It is crucial that anyone facing a DUI (DWI) charge understand what challenges they will encounter. Finding the legal advice of an aggressive and professional DUI criminal defense lawyer will help you understand all of your rights and options, including any defenses you might use.

Arrested for DUI in San Diego, California?

In California, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the Department of Motor Vehicles in California. While both actions can result in the suspension of your driving privileges, it is important to remember that there may be more penalties to consider and each action must be handled separately.

DUI Penalties for First Time Offenders

• Alcohol Evaluation - Successful completion of a drug and alcohol program is required for reinstatement of driving privileges.
• Chemical Test Refusal - In San Diego, California, refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a Blood Alcohol Content (BAC) level of 0.04. A first time DUI (driving under the influence) conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license in California.
• Monetary Fines - In California, the fine for a first time DUI offender with a BAC level of between 0.08% and 0.10% is $100.00, up to $300.00, plus fees. An offender with a BAC of between 0.10% and 0.15% is subject to a maximum fine of $400.00, plus fees. A first time DUI (driving under the influence) offender with a BAC of 0.15% or higher will pay a fine of $500.00, plus fees.
• Probation - Probation may be required, at the court's discretion, and typically lasts between 3 and 5 years. During this time, the offender must not commit a criminal offense, drive with any measurable amount of alcohol, refuse to submit to chemical testing, or fail to pay a fine, restitution, or assessment fee.
• California Driving Privileges and DUI - In San Diego, California, a DUI conviction results in the suspension of driving privileges for 30 days, up to 180 days for offenders with a Blood Alcohol Content (BAC) level between 0.08% and 0.10%. The offender's license is revoked for 3 months, up to 12 months for a BAC between 0.10% and 0.15%. An offender with a BAC of 0.15% or above faces a license suspension of 3 months, up to 18 months.
• Jail Time - A first time DUI (driving under the influence) offender will face up to one (1) year imprisonment.

Alcohol and Persons Under 21

23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.

(c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803. (Amended Sec. 32, Ch. 263, Stats. 2007. Effective January 1, 2008.)

Subsequent DUI Offenses

Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in California, you may not be aware of rights and options, including any defenses you might use. This is why an aggressive and professional criminal defense lawyer can guide you through this emotionally challenging process. Please contact a California DUI criminal defense attorney for a professional and free consultation.

DUI Costs

Here is a breakdown for a first DUI offense in San Diego, California:

• DUI (driving under the influence) Treatment Program: $550
• Fines - Penalties: $1,500
• Tow - Impound Fee: $190
• Department of Motor Vehicles in California Reissue Fee: $100
• Restitution Fund: $500
• Auto Insurance Increase: $2,700
• Total Approximate Cost: $5,540

Note: There may be more costs involved.

DUI and California Highway Patrol

The CHP aggressively enforces the state's 0.08 percent BAC level law, Administrative Per Se laws (immediate driver license suspension), 0.04 percent Blood Alcohol Content (BAC) level law for commercial vehicle drivers, 0.01 percent Blood Alcohol Content (BAC) level out-of-service requirement for commercial vehicle drivers (24-hour tie-up), and the 0.01 percent Blood Alcohol Content (BAC) level limit for drivers under 21 years of age (zero-tolerance.)

The California Highway Patrol conducts DUI task force operations, or saturation patrols, in areas experiencing a high incidence of DUI-related traffic collisions. Operating from a centralized location, these operations expedite the processing of arrested individuals and allow for a concentrated effort targeting impaired drivers.

California DMV and Court Trial

The DMV hearing and court trial are independent of each other. The California DMV hearing deals with the circumstances surrounding a DUI arrest. The Court trial deals with whether you are innocent or guilty of a criminal act.

San Diego, California DUI (driving under the influence) Programs

The Driving-Under-the-Influence (DUI) Program Branch within the Office of Criminal Justice Collaboration, through the Department of Alcohol and Drug Programs, licenses and performs compliance monitoring on all DUI programs throughout California. The objectives of the DUI program is to reduce the number of repeat DUI offenses by persons who complete a state-licensed DUI program.

• The Wet Reckless Programs serve persons convicted of reckless driving with a measurable amount of alcohol in their blood.
• The 18-Month Programs serve second and subsequent DUI offenders; while the 30-Month Programs serve those with third and subsequent DUI offenders.
• First Offender Programs are for those convicted for the first time of a DUI offense, and they must complete a state-licensed three-month or nine-month program, depending on their blood alcohol level.

California "Admin per se"

"Admin per se" in California refers to a procedure (administrative license suspension) in which a driver's California license may be taken before conviction when a driver refuses to take or fails a chemical test for alcohol.