First DUI Charge in San Diego?

If you or a loved one has been arrested or charged in San Diego with a misdemeanor, felony, or DUI, the consequences can be VERY serious.

Recent Case Results in San Diego

Reckless driving; Soma Vicodin; .24 blood

Second Offense

DUI Under age 21/.07%

Case Dismissed

Ran red light; .18 blood; refusal

strike refusal allegation


You may feel overwhelmed if you’ve been charged with your first DUI offense in San Diego. In fact, most people do not realize they may face two DUI charges, California Vehicle Code (VC) section 23152 (a) and (b), which is why it’s imperative to consult an attorney as soon as possible.With over 15 years of experience, the criminal defense attorney at Superior Law Center provides the type of experience and knowledge that comes with successfully representing thousands of clients. We offer a solid track record of achieving a reduction or even dismissal of charges with a first-time DUI offense San Diego.

Time is of the essence; you only have 10 days from the date of your DUI arrest to request a DMV hearing. The officer will take your license at the time of the arrest and notify DMV of the charges against you and of your license suspension. If you do not file a request for reinstatement within the stated time frame, your driver’s license will remain suspended pursuant to the outcome of court proceedings.

Contact the skilled Superior Law Center 24/7 at (844) 969-1394 for a free initial consultation.


Many people hold the mistaken belief that they will not face DUI charges if their blood alcohol content (BAC) level is below 0.08%; however, section VC 23152(a) addresses one’s ability to drive. The arresting officer may have determined that, because you were “under the influence” of alcohol, you exhibited an inability to safely operate a motor vehicle with the same caution as a sober person.

According to section (a), even though your BAC may register below 0.08%, the amount of alcohol you consumed has an adverse effect on your ability to drive. Swerving, making erratic lane changes, or speeding are indicators that you were “under the influence” while driving a vehicle.

While the term “driving the vehicle” is defined as actual movement of the vehicle, the law extends the latitude of movement to include circumstantial evidence. In other words, it may be determined that you were driving if the following circumstances are observed:

  • you are in the driver’s seat
  • the keys are in the ignition
  • the engine is running
  • the headlights are illuminated

Retaining the counsel of an experienced attorney is absolutely critical for your defense. Erik Friis at Superior Law Center San Diego not only “represents you in a courteous and professional manner,” but they are aggressive in their defense of your rights.


Section (b) of California’s VC 23152 is referred to as the per se count because you were driving or operating a vehicle with a BAC level of 0.08%, which is above the legal limit. Section (a) is also attached to this charge creating the second count against you.

A knowledgeable San Diego DUI lawyer gets to work immediately to get your first DUI offense reduced or dismissed.

"Eric is very good at being your voice in the field of law. If you need some that is responsible, when it come to taking care of your legal needs. This lawyer has gone the extra mile for me and so has the great people he works with. I thank you."

Michael Weise

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.)


Although your first DUI offense is typically prosecuted as a misdemeanor, the long-term repercussions can significantly impact your life. Typical penalties for a first offense DUI in San Diego include the following:

  • 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

There may be enhanced penalties if the court finds any aggravating factors, such as an accident, high BAC level, excessive speed, or a child in the vehicle. Additionally, you may be charged with a DUI if your BAC is 0.04% while you were operating a commercial vehicle.

First DUI