FIRST DUI OFFENSE IN SAN DIEGO? (LAW + PENALTIES)
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.
CALIFORNIA VEHICLE CODE 23152(A)
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.
CALIFORNIA VEHICLE CODE 23152(B)
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."
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.)