San Diego DUI Lawyer
San Diego DUI Attorney
Being charged with the crime of Driving Under the Influence, also known as DUI, is a complicated situation that can have long-term effects on your life. A conviction can lead to severe penalties that not only affect your freedom but also have lasting repercussions on your career and reputation. Having the best San Diego DUI defense lawyer at your side ensures that you have a fighting chance.
If you are charged with a DUI in San Diego, it does not mean you will automatically be convicted. There are many ways in which law enforcement or prosecutors can make mistakes, creating false charges or making evidence unusable. You have options and potential defenses, and it is important to exercise your right to legal representation.
An attorney is your greatest chance at avoiding a DUI conviction or limiting the significance of the criminal penalties. They can provide you with much-needed support during this stressful time.
For the best DUI defense, call Lee Law Group!
It can be overwhelming to face a DUI arrest, and being charged with a DUI offense in California can be a life-altering event. At Lee Law Group, we specialize in providing comprehensive DUI defense services, effectively navigating the complex California legal landscape to protect your rights. We will provide you with a well-crafted DUI defense based on evidence and facts that we have collected and analyzed. Our team takes the time to understand your situation and provide you with effective legal support.
We understand how stressful and upsetting it can be to face DUI faces, whether you made a mistake or have been wrongly accused. If you are involved in a DUI case, including alcohol and drug-related offenses, the dedicated San Diego DUI defense lawyers at Lee Law Group are prepared to work hard for you! We want to guide you through the stressful legal process and find the ideal solution. Our firm has over 20 years of combined experience with many complex and difficult criminal defense cases, including DUIs. Let us put our experience to work for you.
Call Lee Law Group at (619) 349-1588 for a Free Consultation!
What To Do if I’m Pulled Over For a DUI
Protecting yourself starts from the moment you are pulled over by the police. The law enforcement officer will start collecting evidence when they suspect that you are driving under the influence. Your attitude and behavior will have a great impact on potential charges made against you.
Here is some advice for dealing with police officers if you have alcohol in your system.
Keep Calm and Remain Silent: Remember that you always have the right to remain silent. Politely refuse to answer any questions, as anything that you say may be used against you during the investigation.
Be Respectful: Being pulled over can be nerve-wracking, but know that this is a routine process for the police. Remember your rights and cooperate without putting yourself in precarious circumstances. Ensure that you are calm, respectful, and polite. If the officer does not treat you similarly, this is best handled by your legal representative.
Do Not Perform the Field Sobriety Tests: Respectfully decline to perform field sobriety tests. These include standardized tests like tracking eye movements, having the individual walk in a straight line and turn, or standing on one leg. The results of the test will only hurt your case. Sobriety tests are often unreliable even when you are sober, as nerves, uneven ground, fatigue, medical conditions, or disabilities can negatively impact the outcome
Blood or Breath Test at the Station: Unlike field sobriety tests, you should not refuse a blood or breath chemical test after you are placed under arrest or have been detained. Do NOT take the Pre-Alcohol screening test, i.e., the hand held breathalyzer unless you are under 21 years of age or are on DUI probation. In the state of California, you are required to take a breath test and/or a blood test if arrested for DUI due to the “Implied Consent” law, which took effect when you registered for a driver’s license. You should have a choice between a breath or blood test. Tests are typically taken at the station.
Moreover, blood tests should be administered by a technician and not by the police officer. Refusing these tests can result in immediate penalties and more significant consequences if you are convicted.
You may still be arrested if you follow these steps. However, you have already started protecting yourself, which allows our criminal lawyer in San Diego to protect you further.
California DUI Laws
Different states have different DUI laws. That means California has its own specific laws and regulations as well. You may be charged with DUI if your circumstances fall under the following conditions:
- You are driving under 21 years old and consuming alcohol, cough syrup, or prescription drugs.
- You are driving under 21 years old with a blood alcohol content (BAC) of .01 or higher.
- You are driving under 21 years old with unsealed liquor, beer, or wine while alone.
- You are driving under 21 years old with any level of BAC.
- You are driving a commercial vehicle with a BAC of .04 or higher.
- You are driving while intoxicated with a BAC of .08 or higher.
- You are driving as a repeat DUI offender on probation with a BAC of .01 or higher.
- You are refusing a blood alcohol content test.
Most do not know that you could be charged with two different crimes if arrested: DUI and Driving with Excessive BAC. These two charges can have serious consequences and are difficult to fight.
That is why you will need a strong legal representative who is experienced with handling DUI cases and can offer expert advice with each step. We are here to ensure that you get your life back as soon as possible.
Types of DUI in California
In California, DUI offenses can be broadly categorized into three types:
- DUI Alcohol: Driving under the influence of alcohol, typically measured by a blood alcohol content (BAC) of 0.08% or higher.
- DUI Drugs: Operating a vehicle while under the influence of illegal drugs or prescription medications.
- Aggravated DUI: DUI offenses involving additional factors such as high BAC levels, minor passengers, or prior DUI convictions within 10 years.
Types of DUI Penalties in San Diego
Whether it’s your first encounter with DUI charges or a subsequent one, understanding the varying degrees of punishment for offenses is crucial for mounting an effective defense. There are various types of criminal DUI charges in San Diego. Moreover, each charge comes with specific penalties.
- First Offense: A first-time DUI conviction can result in up to six months in jail, a $390 fine with penalty assessments and fees totaling up to $2000., and license suspension for six months. Mandatory installation of an ignition interlock device is also common.
- Second Offense: A second DUI within 10 years escalates the penalties, potentially leading to a one-year jail sentence, a $390 fine plus penalty assessments and fees totaling up to $3000, and license suspension for two years.
- Third Offense: A third DUI conviction within 10 years could result in a three-year license suspension, a $390 fine plus penalty assessments and fees totaling up to $5000, and a jail sentence of up to one year. A three to five-year probation period is also a possibility.
DUI, No Priors, VC 23152 (a) & VC 23152 (b)
The possible penalties for DUI with no priors are:
- Fines of up to $2,000
- Three to nine months of a DUI Program
- One-Time Mother’s Against Drug Driving (MADD) and Victims Impact Panel (VIP)
- Public Works Service (PWS), (Community Service) or the Traffic Litter Program if BAC is higher than .15
- Suspension of driver’s license
- Up to five years of probation
- Criminal and bad driving records
DUI, Prior within 10 Years, VC 23152 (a) & VC 23152 (b)
Any conviction within the last 10 years is considered a “prior” DUI conviction. Possible fines are:
- Fines of up to $2,635.00
- At least 96 hours in custody depending on the facts of additional DUIs
- DUI Program for 18 months
- One-Time Mother’s Against Drug Driving (MADD) and Victims Impact Panel (VIP)
- Suspension of your driver’s license
- Public Works Service (PWS) (Community Service) or the Traffic Litter Program
- Up to five years of probation
- Criminal and bad driving records
DUI, Under Influence of Drugs, includes Prescription Drugs, VC 23152(f) or alcohol and Drugs No Priors, VC 23152(g)
The possible penalties for DUI of drugs are:
- Fines of up to $2,000
- DUI program for three months
- Mother’s Against Drug Driving (MADD) and Victims Impact Panel (VIP)
- Suspension of your driver’s license
- Up to five years of probation
- Criminal and bad driving records
Felony DUI, (DUI with Accident)
A felony DUI can occur in one of two ways. First, it could be a DUI where the DUI driver’s negligent act (apart from drinking) causes an injury to another person including a passenger in the DUI driver’s vehicle. Second, it can occur when a DUI driver has at least 3 priors within 10 years.
The possible penalties for Felony DUI of drugs are:
- Fines of up to $3000
- DUI program for up to eighteen months
- Mother’s Against Drug Driving (MADD) and Victims Impact Panel (VIP)
- Suspension of your driver’s license
- Up to 5 years of formal probation with a probation officer.
- Criminal and bad driving records
- Additional felony penalties if applicable
Wet-Reckless, VC 23103 per VC 23103.5
A Wet-Reckless is a lesser included offense of a DUI, which is often a plea-bargained offense when the accused has a BAC of .08 or lower required under CA Vehicle Code 23152(b). The possible penalties are:
- Fines of up to $,1200
- DUI Program from 12 hours to three months
- Mother’s Against Drug Driving (MADD) and Victims Impact Panel (VIP)
- Up to one year of probation
- Criminal and bad driving records
Dry (Regular) Reckless, VC 23103
A Dry-Reckless is a lesser included offense of a DUI, and it is often a plea-bargained offense when the accused has a BAC under .08 required for a DUI under CA Vehicle Code 23152(b). The possible penalties are:
- Fines of up to $575
- Up to one years of probation
- Criminal and bad driving records
Drinking Alcohol in a Motor Vehicle, VC 23222(a)
The possible penalties for drinking alcohol in a motor vehicle are:
- Fines of up to $100 for those 21 and older
- Those 21 years old or younger should expect a $1000 fine and up to 6 months in jail.(VC 23224) & if vehicle is registered to a person under 21 years of age, it can be impounded for up to 30 days
DUI Watson Murder
A Watson Murder is charged if you have been convicted of a DUI in the past and then caused the death of another person in a subsequent DUI-related incident.
The possible penalties for a Watson Murder are:
- Up to 15 years to life in state prison
- Fines of up to $10,000.00
- A “strike” on your criminal record (California’s Three Strikes Law)
- Additional and consecutive three years added to the sentence if a surviving victim suffers great bodily injury (GBI)
- Additional consecutive one year added to the sentence for each injured person (up to three years)
These penalties can affect you for the rest of your life, and the assistance of an attorney is essential.
How Does an Attorney Help With DUI Defense?
There are significant benefits to working with a DUI defense attorney. Even a first-offense DUI can result in jail time, significant fines, a suspended license, and a criminal record, which can negatively impact many future opportunities. When aggravated circumstances arise, like having a high BAC or causing an accident, the penalties are much more severe.
An attorney can help you avoid the harshest of these consequences. They can assist with your DUI defense in many ways, including:
- Listening to your side of the story and determining if the right procedures were followed
- Looking into your arrest and reviewing the evidence against you
- Helping you understand your rights
- Ensuring your rights were respected and due process was followed
- Reviewing the capacities of the arresting officer and their background
- Representing you in your DMV hearing and criminal hearing
- Finding the right defense for your unique circumstances
- Informing you of your defense and plea deal options and helping you make an informed decision about how to proceed
If you were pulled over without reasonable suspicion, evidence gathered at the scene may be inadmissible. Your attorney can file a motion, which may enable the entire case against you to be dropped. Every DUI defense case is unique and requires a personalized approach.
San Diego Criminal Defense Attorneys
Lee Law Group is your comprehensive San Diego criminal defense law firm that can provide you with legal support. With decades of proven results, satisfied clients, and unwavering dedication, there is no better option for you. Do not trust the half-priced lawyers you see on billboards – go with our Super Lawyers for the Best Defense!
DUI charges, violent crime charges, juvenile crimes, sex-related crimes, white collar crimes, theft, and other felony charges are no big tasks for the San Diego criminal defense lawyers at Lee Law Group. Our experience, drive, and commitment will get the best possible results for you. Get in touch with our criminal defense legal experts today to get your life back on track.
Potential Defenses in a DUI Case
There are many possible defenses against a DUI charge, but the most useful will be dependent on your unique circumstances and the facts of your arrest. Some potential defenses include:
- Improper Traffic Stop: The officer who arrested you for a DUI must have had probable cause to pull you over. This may mean you were driving erratically or broke traffic laws. If these reasons for pulling you over didn’t exist, the evidence gathered at the stop may be inadmissible.
- Rising Blood Alcohol Concentration (BAC): In some cases, you were driving after drinking but were not impaired. The rising BAC defense claims that you would have arrived at your destination prior to being impaired had you not been stopped. This defense works well when a significant amount of time elapses between when you were driving your vehicle and taking the chemical test after arrest.
- Inaccurate Tests: Field sobriety tests and chemical tests can be improperly administered or incorrectly calibrated. This can result in false or inaccurate readings.
FAQs:
How Much Does a California DUI Lawyer Cost?
The cost of a California DUI lawyer relies on many factors and can vary significantly. Some factors that affect an attorney’s fees include:
- Fee Structure: For some simple DUI defenses, an attorney may charge a flat fee, which may be less costly. DUI cases may also be charged on an hourly rate, meaning the longer it takes, the more expensive it will be.
- Case Complexity: A more complicated case will be more expensive.
- Court or Plea Deal: A case that is settled prior to court could be less costly.
What Is the Most Effective Defense Against a DUI?
The most effective defense against a DUI will depend on the unique circumstances of your charges and arrest. Potential defenses may include:
- There was no reasonable suspicion for the traffic stop and/or for the arrest.
- The field sobriety tests were improperly administered.
- The breathalyzer was calibrated incorrectly or was affected by the driver’s non-impairing medication.
- Significant time passed between the individual driving their vehicle and the chemical test, and they were not impaired while operating their vehicle.
- The individual was not driving their vehicle at the time of arrest.
- A BAC Blood test was administered unsafely or incorrectly
Is it Worth Getting a DUI Lawyer in California?
Yes, it is worth getting a DUI lawyer in California, as it means you are more likely to avoid conviction or receive less severe penalties than you would without an attorney. An attorney can help review your charges and the facts of your arrest. They can also determine whether you can negotiate a plea deal or have the charges against you dismissed for violations of your constitutional rights. The more serious your charges, the more important it is that you secure the support of an attorney.
Do First-Time DUI Offenders Go to Jail in California?
For a first-time DUI offense in California, you could go to jail. If there are no aggravating factors present in your case, the conviction of a first-offense DUI can result in the following penalties:
- Imprisonment in jail for a minimum of 96 hours and up to six months, with at least 48 hours of the sentence being continuous
- Fines of between $390 to $1,000
- Suspension of your driver’s license
- Probation after serving your jail sentence
As your dedicated San Diego criminal defense attorneys, Lee Law Group provides comprehensive legal support. We will be supporting you through each process. Our experts will provide support, advice, and aggressive negotiation and courtroom skills if your case advances. As a five-star DUI law firm in California, Lee Law Group employs a tailored defense strategy for each client.
Whether scrutinizing the accuracy of breathalyzers or challenging the legality of DUI checkpoints, we tirelessly work to question every aspect of the state’s case against you. The aim is not just to reduce penalties but also to achieve an outright case dismissal whenever possible. Lee Law Group gets you the justice you deserve! Talk to one of our skilled DUI defense lawyers today. Contact us today for a consultation.
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Call Lee Law Group today at (619) 349-1588 for your Free Consultation!
