Drunk Driving / DUI

The San Diego criminal attorneys at the San Diego Law Center will review your case for free if you have been arrested and charged with a DUI or DWI in San Diego.

The San Diego Law Center criminal attorneys have years of experience winning DUI and DWI criminal cases. Every arrest has its own particular details that may be used by your criminal attorney in your defense. You need a criminal attorney with the necessary resources and “know-how” on your side.

DUI Charges

Driving drunk in the state of California will result in a DUI charge against the offender. The DUI charge will result in 2 cases being processed; one by the DMV and another by the court system. However, the case against the defendant by the courts contains two separate charges. These charges are known to California DUI attorneys as the (a) and (b) counts (Vehicle Code 23152 (a) and (b). The defendant will only be punished once for both of the charges. Count (a) states that it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. Count (b) states that it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

DUI and the San Diego DMV

A person that has been charged with a DUI in the state of California has ten days from the date the arrest was made to request a hearing with the DMV, and if that person does not request that hearing his/ her driver's license will be automatically suspended 30 days after the DUI arrest was made. This is not negotiable in any shape or form. The DMV's actions will vary depending on whether it is a person's first offence or his/her third offense. The minimum sentence for a first time DUI offender is a 4-month suspension with the possibility of a restricted license being obtained by the defendant after 30 days of the suspension have passed. Second-time offenders will receive a one-year suspension and a third-time offender will receive a two-year revocation for a third offense.

DUI “Washout” Period

Also, the state of California has a ten year "washout" period. What this means is that if an individual was arrested for a DUI on April 19, 1996 and is arrested again on April 17, 2006 for a DUI charge, that latest charge will be counted as a second offense which will end in the defendant receiving a harsher sentence.

Standardized Field Sobriety Test

Chemical Breath Test for VC 23152 (b)

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Call for a free consultation with a San Diego criminal attorney today. Do not wait, time is of the essence. The San Diego Law Center will work with you and keep you informed. Your freedom is important to us. Call today. 619-933-4688 We can provide legal services in the following languages: Spanish, Vietnamese and Chinese in addition to English.

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