DUI Attorney San Diego

Choosing the best San Diego DUI Lawyer to Handle Your DUI Charge is TOO Important of a Decision to Hire Just Anyone. Our goal is to help you keep your driving privileges & protect your future.

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Recent Case Results in San Diego

Reckless driving; Soma Vicodin; .24 blood

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Second Offense

DUI Under age 21/.07%

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Case Dismissed

Ran red light; .18 blood; refusal

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strike refusal allegation

San Diego DUI Defense

A DUI is a serious offense that carries heavy consequences. If you’ve been charged with drunk driving in San Diego, it’s important to remember that you only have ten days from the date of your arrest to schedule your DMV hearing. An experienced DUI attorney San Diego can help you protect your rights, limit your consequences, and in some instances get the case dismissed altogether.

It’s against the law to operate a motor vehicle in California if your blood alcohol concentration (BAC) is 0.08% or higher. You could still be charged with driving under the influence (DUI), even with a BAC that’s lower than 0.08%, if you appear to be intoxicated or fail a field sobriety test. Other aspects of a DUI include DUI marijuana and DUI drugs.

Even with your first offense, you’re facing possible jail time, substantial fines, and the loss of your license. It’s in your best interest to hire a DUI attorney in San Diego with extensive experience in aggressive client representation. Superior Law Center offers over 15 years of successfully defending DUI clients.

DUI CHARGES

The state of California will try your case according to the vehicle code or codes in which it’s designated. The prosecution must prove specific criteria within each, and if convicted, you could face the maximum penalties according to the offense.

"Mr. Friis was amazing! So glad I chose them over other law centers for my DUI case. His whole office crew was great! They made me feel like a person instead of just a client, which was very nice considering I was in a bad place when I called. They were able to walk my through the whole process of the court system and made it easy to understand. I would recommend them!"

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Courtney Tarnovsky

San Diego
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We also offer little or no money down, and offer affordable payment plans to those who need help. At Superior Law Center, our experienced San Diego trial lawyer will use the best defense strategies possible to protect your innocence and your future! ALL of your rights will be protected immediately, and we will NOT stop until we have secured your freedom and gotten the BEST possible outcome for you or your loved ones.

Often times, we can stop police investigations before you EVER get charged with a crime. (If you have NOT been formally charged, read more about pre-file investigations.)

10 Days to Schedule Your DMV Hearing

If your BAC is 0.08% or above when stopped by an officer, your license may be suspended, and issued in its place, is a 30-day temporary license. The 30 days are intended to give you ample time to present your case at a DMV administrative hearing.

Rather than determining your guilt or innocence, which will be determined during a criminal trial, the DMV hearing decides on five specific points in regard to the suspension of your license:

  • The officer had reasonable cause to suspect you of operating a vehicle while under the influence of drugs or alcohol.
  • The officer lawfully arrested you for the DUI
  • You were given appropriate information regarding the refusal of submitting to a breath or blood test, and the subsequent suspension of your license for the specified time period
  • Whether or not you refused to submit to the breath or blood test
  • The number of DUI convictions within the ten-year period

You have ten days, including weekends and holidays, to schedule the DMV administrative hearing. If you fail to contact the DMV within ten days, your license will be automatically suspended pending the outcome of your trial.

Because the administrative hearing and criminal trial address separate issues, you may be granted your license through the DMV hearing but ultimately have it suspended as a result of a guilty verdict in your criminal case. Conversely, the judge at the DMV administrative hearing may decide to suspend your license, but if you win your criminal case, you can apply for its reinstatement.

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FIRST DUI OFFENSE? Hire the Best DUI Attorney San Diego

Your first DUI offense in San Diego means that you can be charged with two separate vehicle code (VC) violations:  VC 23152(a) and VC 23152(b). These misdemeanor offenses are outlined as follows:

  • VC 23152(a): driving under the influence of alcohol or drugs
  • VC 23152(b): driving with a BAC of 0.08% or greater

As previously stated, you can still be charged even if your BAC is below the legal limit.

First DUI Penalties

Typical penalties for a first offense DUI in San Diego include:

  1. Up to one year in county jail
  2. Informal probation for three to five years
  3. Fines and assessments of $1600-$2300
  4. A 3 to 9 month DUI Program
  5. A 6 month to one-year license suspension
  6. Installation of an Ignition Interlock Device for up to three years
  7. Insurance repercussions.

You may face additional penalties if convicted of aggravating factors, such as high speed, a child in the vehicle, high BAC level, or involvement in an accident. An expert DUI attorney San Diego is available to discuss the circumstances surrounding your first offense. Contact Superior Law Center for a free confidential evaluation.

SECOND DUI OFFENSE WITHIN A 10-YEAR PERIOD

While the same criteria apply to your second DUI offense within a ten-year period as it does with the first offense, the courts take a much harder stance the second time around. That being said, the judge does have some flexibility with imposing your sentence.

A knowledgeable defense attorney who presents a compelling argument before the court can have a significant impact on the outcome of the penalty phase.

2nd DUI Penalties

  1. Loss of driver’s license for a maximum of two years
  2. A minimum of 96 hours in jail up to one year
  3. Three to five years of probation
  4. Completion of an 18-month DUI rehabilitation program
  5. Fines from $390 to $1,000, plus any additional assessments
  6. Wear a Secure Continuous Remote Ankle Monitoring (SCRAM) ankle bracelet continuously for a minimum of 30 days and a maximum of more than one year

The prosecution may offer a plea bargain in an attempt to leverage a guilty plea from you, but for a lesser crime and at a reduced sentence. Although you may be tempted to accept the terms of the plea agreement, an experienced attorney who is familiar with your case will recommend the best strategy for your situation.

Often, plea bargains are presented because the prosecution lacks the solid evidence needed to win at trial. You want the type of aggressive second DUI defense that Superior Law Center offers.

THIRD DUI WITHIN A 10-YEAR PERIOD

If you are charged with a third DUI within a ten-year period, you are facing enhanced penalties according to the severity of the circumstances.

3rd DUI Penalties

As with the first and second DUIs, the judge has some latitude with imposing your sentence. California’s VC 23546outlines the minimum penalties for violation of Section 23152 as follows:

  1. License suspension of up to three years, which may be reduced to 180-day restricted license with an Ignition Interlock Device installation and submission to chemical tests for two years
  2. A fine between $2,500 and $3,000
  3. Minimum jail time of 120 days with a maximum of one year
  4. Completion of a 30-month DUI education class
  5. Three to five-year probation
  6. May be required to contribute to California’s Victim Restitution Fund
  7. May be required to attend Alcoholics Anonymous (AA) meetings, complete a drug or alcohol treatment program, and/or complete community service hours

An experienced, aggressive, and competitively priced San Diego DUI lawyer from Superior Law Center who has won thousands of DUI cases is your best defense when you’re facing a third DUI charge.

UNDERAGE DUI

There are two California laws that specifically address underage driving under the influence:

  • VC 23136: California’s “zero-tolerance” law for persons under 21 years of age with a BAC of 0.01% or greater
  • VC 23140: An underage driver with a BAC of 0.05% or above

A violation of either law may result in a one-year license suspension. Regardless of whether the driver was impaired, an underage driver who registers with the BAC levels outlined in the above codes is considered in violation of the law.

In addition to violating the underage vehicle codes, an underage driver may be charged according to adult DUI laws.

Underage DUI Penalties

Underage Specific

  • “Zero tolerance,” 0.01% BAC: one-year license suspension
  • Underage DUI with a 0.05% BAC: one-year license suspension, $100 fine, alcohol education program

Adult Charges

  • Standard 0.08% BAC: license suspension, three to five years probation, $390 to $1,000 fine, alcohol education program, up to six months in jail

The penalties increase according to the severity of the charge, such as in the event of an injury accident while under the influence.

An experienced underage DUI lawyer in San Diego can assist you with understanding how California’s vehicle codes apply to your specific case.

Hire the Best DUI Attorney in San Diego

If you are facing any type of DUI charge, you want to contact an attorney as soon as possible. The knowledgeable and experienced San Diego DUI attorney at Superior Law Center is available for a free initial consultation to discuss your unique circumstances. We go to work to aggressively seek the best possible outcome for each of our clients.