DUI

San Diego DUI Lawyers

People who get arrested for drunk driving (DUI / DWI) are seldom hardened criminals. They are typically law-abiding citizens who do not deserve jail time or other serious punishments. The DUI lawyers of San Diego Criminal Defense have saved time, money, and liberty for hundreds of residents and visitors of San Diego and Southern California. Contact us for a free confidential consultation.

How Can We Help?

An experienced DUI lawyer may be able to prove that the officer’s observations and the chemical tests (breath tests and blood tests) are flawed. In every DUI case, we work hard to help clients:

• Avoid driver's license suspension or revocation
• Reduce fines
• Reduce charges
• Avoid jail or prison
• Avoid public work service

Our attorneys can review the calibration and maintenance records of the breathalyzer. It is falsely believed that these machines are infallible. People forget that these machines are made of up of metal, plastic, and silicon. To believe that they always work every time is like believing your car will never break down. Machines don’t always work properly. (Read more about the breathalyzer and other tests on our Sobriety Tests page.)

Other measures we can take in your defense are:

• File pretrial motions to suppress the evidence. These motions, when argued successfully, almost always result in the DUI case being dismissed.
• Retest the blood by a private lab.
• Hire an analyst to determine if the driver’s blood alcohol concentration (BAC) was rising. This defense may prove that the driver’s blood was actually less than California’s .08 % limit, at the time of driving.
• Photograph the scene of the arrest. This may be helpful in showing that the ground was not level when the driver was performing the field coordination tests.
• Effectively cross-examine the officer to expose mistakes and inaccuracies in the gathering of evidence.

Perhaps most importantly, our DUI lawyers can represent you in court. The goal should always be to get either a reduced charge in a plea bargain, or take the case to trial. Of course, you will always make the final decision whether to accept the plea bargain or not, and we will never force you to go to trial if you do not want to.

For more about how our attorneys can help, see our DUI Defenses Defenses page.

Consequences

Beyond the stiff fines imposed on convicted drunk drivers, there are several other possible consequences. Jail time is possible for repeat offenders. More common are the following:

• Loss of driving privilege at least 30 days. In California, there is no “drive to work” license for the period of suspension; A DMV suspension allows no driving for any purpose. Our attorneys can represent you before the Department of Motor Vehicles (DMV) to fight the suspension. (See also our License Suspension page.)
• Loss of a job, if driving is necessary for employment
• Increased insurance premiums: Insurance premiums have been can increase 2 to 3 times.

Driving Under the Influence (DUI) as Defined by California State Law:

California Vehicle Code §23152 (a)—It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

California Vehicle Code §23152 (b)—It is unlawful for any person who has a 0.08 percent or more by weight, of alcohol in his or her blood to drive a vehicle.

"UNDER THE INFLUENCE"—A person is under the influence of an alcoholic beverage when as a result of drinking such alcoholic beverage his physical or mental abilities are impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence, under the same or similar circumstances.

Contact Us

If you would like more information, we have also provided a DUI Frequently Asked Questions page. If, however, you are ready to speak with one of our DUI lawyers, free of charge, call 619.231.6577 or email us through our contact page. We can meet with you on weekends or evenings, and we have a 24-hour answering service ready to take your call.