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:
- Up to one year in county jail
- Informal probation for three to five years
- Fines and assessments of $1600-$2300
- A 3 to 9 month DUI Program
- A 6 month to one-year license suspension
- Installation of an Ignition Interlock Device for up to three years
- 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
- Loss of driver’s license for a maximum of two years
- A minimum of 96 hours in jail up to one year
- Three to five years of probation
- Completion of an 18-month DUI rehabilitation program
- Fines from $390 to $1,000, plus any additional assessments
- 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:
- 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
- A fine between $2,500 and $3,000
- Minimum jail time of 120 days with a maximum of one year
- Completion of a 30-month DUI education class
- Three to five-year probation
- May be required to contribute to California’s Victim Restitution Fund
- 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.
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
- “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
- 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.