San Diego DUI Attorney
Work with a San Diego DUI attorney who has the passion, integrity, and relentless work ethic you need to win your case.
Consult San Diego DUI Attorney About Your Charges
In San Diego, California, as in the rest of the United States, drivers of legal drinking age are allowed to get behind the wheel after having an alcoholic beverage. However, their blood alcohol level cannot be at or above 0.08% or 0.04% if they are commercial drivers. In case it is, and they are pulled over for suspicion of driving under the influence, they could be charged with a DUI.
California DUI law enforces strict penalties for those charged with Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). Depending on the circumstances regarding your DUI charges, the consequences related to a San Diego DUI conviction can be significant. DUI cases require prompt actions. For those individuals facing San Diego County DUI (DWI) charges, contacting experienced San Diego DUI lawyers would be the best way to obtain the best possible outcome.
If you have been charged with a DUI, you should be aware that this offense has a criminal component and an administrative component before the Department of Motor Vehicles (DMV). Both of these components require you have a skilled San Diego DUI lawyer.
San Diego DUI attorney and a qualified law firm can help you if you are facing DUI charges. Our team at the Griffin Law Office is always available for initial case consultations. Our San Diego DUI lawyers often appear in court on our clients’ behalf. We have the resources needed to comb through all of the evidence and find a way to deal with the prosecution’s case. That attention, combined with the impeccable courtroom skills of our San Diego DUI lawyers, gives you the chance to walk away without a DUI conviction.
Reach Out to a DUI Lawyer San Diego
There is a range of penalties a judge can enforce for San Diego DUI convictions. The main influence on what penalty you’ll face is the number of previous DUI convictions you have on your record. If you have no previous DUI convictions and you are detained for DUI in San Diego, you will likely deal with more minimal charges for your offense.
DUIs are generally misdemeanors, and penalties for first-time offenders include:
- Up to 6 months behind bars
- Misdemeanor probation
- Driver’s license suspension
- Up to $1,000 in fines
- DUI school (3-6 months)
- Installation of an Ignition interlock device
Even if you are facing a DUI for the first time, you should retain an experienced San Diego DUI attorney to help you.
San Diego DUI Penalties and Aggravated Factors
Second-time DUI offenders face up to one year in jail, suspension of their driver’s license for two years, as well as San Diego DUI school for 18 to 30 months.
If you have two prior DUI convictions within ten years, and you are arrested for another DUI, there are harsh consequences. Your driver’s license will be suspended for 3 years, and you’ll face DUI school for 30 months. The severity of penalties increases with every new offense happening within the 10-year period. For example, fourth-time DUI can be charged as a felony DUI offense. You could face at least 16 months in state prison, driver’s license revocation for 4 years, as well as participation in an addiction treatment program.
Aggravated factors including refusal to submit to the chemical test, speeding or reckless driving, as well as driving a minor under 14 years of age in the vehicle, in addition to drunk driving, can also lead to harsher penalties.
A DUI conviction can negatively impact practically every element of your personal and professional life. Besides, even if you are the first-time offender, you could end up in jail without the help of an experienced San Diego DUI lawyer.
San Diego DUI attorney, Patrick Griffin, knows how you can protect your rights during a DUI stop, as well as how to minimize the damage and accomplish a favorable outcome in your criminal defense case.
Our DUI Attorney in San Diego Can Help
In San Diego, California, DUI can be charged as two different infractions: 23152 (a) and 23152 (b) of the Vehicle Code. The first section states that it is illegal to drive a vehicle under the influence of alcohol or drugs. The second section states that it is a crime to drive with a blood alcohol concentration (BAC) of 0.08% or higher. These are two different crimes that can arise from the exact same act. But, even if you are convicted on both charges, you can only be punished once.
If a San Diego law officer pulls you over for suspicion of drunk driving, or you are passing through a San Diego DUI checkpoint, you may be asked to take a field sobriety test. There are also other ways to test your BAC, including a breathalyzer test. Most drivers do not know that they don’t have to submit to these tests in California. However, if you choose to refuse them, you have to know your rights as well as your obligations.
Under implied consent laws in California, you have an obligation to consent to a breath or blood test. If you don’t, a law officer has probable cause to arrest you. But, if you refuse to take a field sobriety test or a Breathalyzer, but you admit you had something to drink, you will most likely be also placed under arrest. At that point, you will have to submit to at least one chemical test: blood or breath test.
Many drivers often make a mistake and answer the questions regarding whether they’ve had anything to drink. These questions can be very incriminating, and you won’t be helping your DUI case if you answer them. Although you are required to give the officer your license and other documents he or she is asking for, you are not required to answer any question that can incriminate you. Declining to answer and calling an experienced San Diego DUI attorney would be the best move.
Fighting Your San Diego California DUI Case
If you refuse to submit to these tests, you’ll face a license suspension and other penalties in addition to those you could face for a San Diego DUI. A refusal would not be helpful for your DUI case and could be used against you in court. But, a San Diego DUI attorney with experience in these types of cases may be able to challenge the test results and provide you with qualified legal advice and DUI defense.
Although the DUI breath test is the most common way to measure a driver’s blood alcohol concentration, DUI breath tests that police use in San Diego have flaws. For example, a DUI breath test can’t actually measure the amount of alcohol in your blood but the amount of alcohol present in your breath. Also, a DUI breath test can be improperly used, or the instrument can simply malfunction. As a result, DUI breath tests are not always accurate, and a qualified San Diego DUI attorney can challenge the test result.
If you are facing DUI charges in San Diego, CA, contact Griffin Law Office as soon as possible. Schedule a free consultation with a San Diego DUI attorney at our law firm and discuss what course of action is in your best interest.
A San Diego DUI Lawyer Explains: DUI Crimes A-Z
If you have been arrested for DUI in San Diego, CA, the police officer who arrested you will take away your driver’s license, and you’ll have to face losing your driving privileges. After a license suspension, you should receive a temporary license that will be valid for 30 days.
You have only 10 days to request a hearing with the Department of Motor Vehicles (DMV) and contest the suspension of your driver’s license. If you don’t do that, and the deadline passes, your license will be immediately suspended for one month.
The California DMV has a set of rules and procedures for handling an offender’s driving privileges after a DUI. At the DUI DMV administrative hearing, the driver will have the chance to challenge the gathered evidence.
At the hearing, it has to be demonstrated that a San Diego police officer had reasonable cause to believe that the driver was actually driving a car impaired while having .08% BAC and that he or she were placed under lawful arrest. If you win your case, your driver’s license will be restored. However, if you lose, your license will be revoked.
You should also be aware that if you refuse a chemical test, your license will be revoked for a year, and you will not have a restricted license option, but it will have a chance to get a DUI DMV hearing. Working with a trusted San Diego DUI attorney can help you beat a DUI.
Griffin Law Office can schedule and represent you at the DMV hearing. In addition, Patrick Griffin, San Diego criminal defense attorney, can negotiate with the prosecution and improve your chance of dismissing or reducing your DUI charges.
Learn more about DUIs in California via the resources below.
- 15 Ways To Beat A DUI
- Altering a vehicle identification number (VIN)
- Boating under the influence (BUI)
- Boating Under the Influence (BUI) | Harbors & Navigation Code § 655
- Buying or Possessing Vehicles with Altered VIN Numbers | Vehicle Code § 10803
- Carjacking | Penal Code § 215
- Cycling Under the Influence (CUI) | Vehicle Code § 21200.5
- Drinking Alcohol in a Motor Vehicle | Vehicle Code § 23220
- Drive-by Shooting from a Motor Vehicle | Penal Code § 26100
- Driving on a Suspended License | Vehicle Code § 14601
- Driving Under the Influence (DUI) | Vehicle Code § 23152(a)(b)
- Driving Under the Influence (DUI) of Drugs | Vehicle Code § 23152(f)
- Driving While Addicted to Drugs | Vehicle Code § 23152c
- Driving Without a License | Vehicle Code § 12500(a)
- DUI by ride-sharing driver
- Evading an officer
- Failure to Present a Driver’s License | Vehicle Code § 12951
- Felony Hit and Run (Injuries to Others) | Vehicle Code § 20001
- First time DUI
- Gross Vehicular Manslaughter | Penal Code § 192(c)
- Hit and Run | Vehicle Code § 20002
- Misdemeanor hit and run
- Request A DMV Hearing Now
- Second time DUI
- Third time DUI
- Underage DUI (zero tolerance law)
- Underage DUI with a BAC of 0.05 or above | Vehicle Code § 23140
- Vehicular Manslaughter | Penal Code § 192(c)
- Vehicular Manslaughter While Intoxicated | Penal Code § 191.5(b)
- Vehicular Manslaughter with Gross Negligence | Penal Code § 192 (c)