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Our team has extensive experience defending DUI cases in San Diego. We'll scrutinize every aspect of your case to protect your rights and driving privileges.

If You’ve Been Charged With DUI...

You’re facing more than just embarrassment—you’re facing criminal penalties, license suspension, probation, and a permanent mark on your record. The sooner you act, the more options you may have, including reduced charges or dismissal. Call a DUI lawyer now and protect your freedom, your license, and your future.

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San Diego DUI Defense

DUI cases are not cut and dry. Instead, they involve many complicating factors. The factors associated with the DUI incident itself, your prior criminal history (if any), and the strategy taken by your attorney for your DUI defense will all affect your case’s outcome. At David P. Shapiro Criminal Defense Attorneys, we know California DUI law, and we have the experience and knowledge to defend DUI cases, as we have successfully been defending those charged with DUIs for over a decade.

DUI Laws You Should Know in California

California’s DUI laws are among the strictest in the nation. To fully understand what you’re facing, it’s important to know exactly how the law defines driving under the influence.

What Constitutes a DUI in California?

Under California law, there are several ways you can be charged with a DUI:

• Per Se DUI: Driving with a blood alcohol concentration (BAC) of 0.08% or higher (Vehicle Code 23152(b))
• Impairment DUI: Driving while under the influence of alcohol, regardless of BAC level (Vehicle Code 23152(a))
• Drug DUI: Driving under the influence of any drug, including prescription medications, marijuana, or illegal substances (Vehicle Code 23152(f))
• Combined Substances DUI: Driving under the combined influence of alcohol and drugs (Vehicle Code 23152(g))

It’s crucial to understand that you can be charged with a DUI even if your BAC is below 0.08% if the prosecution can prove that alcohol or drugs impaired your ability to drive with the same care and caution as a sober person under similar circumstances.

How DUI Arrests Happen in San Diego

Most DUI arrests in San Diego begin with either:

1. Traffic stops: When an officer observes a vehicle code violation or erratic driving
2. DUI checkpoints: Pre-planned locations where officers briefly detain and question drivers
3. Accident investigations: Following a collision where impairment is suspected

After the initial stop, officers look for signs of impairment such as:

• Bloodshot or watery eyes
• Slurred speech
• The odor of alcohol
• Uncoordinated movements
• Admission of drinking or drug use

If the officer suspects impairment, they will typically conduct:

• Standardized Field Sobriety Tests (SFSTs)
• Preliminary Alcohol Screening (PAS) device test (often called a “breathalyzer”)
• Additional observations and questioning

Based on these results, the officer may arrest you for DUI and transport you to a police station or jail for chemical testing via breath or blood.

DUI Charges and Their Penalties

Under California Vehicle Code 23152, DUI cases are defined as misdemeanor cases. The filing of additional criminal charges can complicate your case, increasing the severity of the charges and their associated penalties. The most common DUI offenses you may be charged with are:

First-Time DUI

Without any priors within the past ten years, the driver of a motor vehicle was either under the influence of alcohol or drugs (Vehicle Code sections 23152(a) and (e) respectively) and/or they were driving with a .08 or higher blood alcohol content (Vehicle Code section 23152(b).

First-time DUI offenders typically face:

• Up to 6 months in county jail
• Fines between $390 and $1,000 (before penalty assessments, which can multiply this amount by 3-4 times)
• License suspension for 6 months
• 3-9 month DUI school
• 3-5 years of informal probation
• Possible installation of an ignition interlock device (IID)

Second and Third-Time DUIs

Multiple DUI convictions within a 10-year period result in increasingly severe penalties:

Second DUI within 10 years:

• Up to 1 year in county jail (minimum 96 hours)
• Fines between $390 and $1,000 (before penalty assessments)
• License suspension for 2 years
• 18-30 month DUI school
• 3-5 years of informal probation
• Mandatory installation of an IID for at least 1 year

Third DUI within 10 years:

• Up to 1 year in county jail (minimum 120 days)
• Fines between $390 and $1,000 (before penalty assessments)
• License suspension for 3 years
• 30-month DUI school
• 3-5 years of informal probation
• Mandatory installation of an IID for at least 2 years
• Possible designation as a “habitual traffic offender”

Commercial DUI

Drivers with a Class “C” license may be charged with Commercial DUI, a different DUI charge which carries increased penalties, including a mandatory one year suspension of the commercial privilege for a first time DUI offense and a lifetime ban on the ability to obtain/maintain a commercial license when there are 2 or more DUIs.

Additionally, commercial drivers face a lower BAC threshold of 0.04% while operating a commercial vehicle, and penalties for non-commercial DUIs also affect commercial driving privileges.

Probation Violation

Drivers arrested for DUI while actively serving a probation term for previous DUI offense are subject to increased sentencing penalties. New DUI offenses are violations of probation, and offenders are subject to harsher punishments by the court. Even if the probation was not DUI-related, picking up a DUI while on probation will violate the terms of any court-ordered probation.

When a DUI occurs during probation, you face:

• The penalties for the new DUI
• Reinstatement of the suspended sentence from the prior case
• Revocation of probation
• Additional jail or prison time

DUI with Children Passengers

If you are arrested for DUI with a child passenger you will likely be charged with a separate misdemeanor or felony offense of child endangerment. As an alternative, you may be charged with a sentencing enhancement to the DUI which would mandate jail time if convicted.

Child endangerment charges can be filed under Penal Code 273a when a child under 14 is in the vehicle, which carries separate penalties of:

• Up to 6 months in jail and $1,000 fine (as a misdemeanor)
• Up to 6 years in state prison (as a felony)

DUI Causing Injury

If, while under the influence of alcohol or a controlled substance, you commit a DUI offense resulting in any injury to another person, you may be charged with DUI Causing Injury under California Vehicle Code 23153. DUI with injury requires mandatory jail time if convicted, as well as at least a one year hard suspension of your driving privileges. In the event “great bodily injury” (GBI) is pled and proven, you would be facing up to seven years in state prison and would be subject to having a strike felony conviction on your record. In the event of a death, your charges may be upgraded to vehicular manslaughter or even second-degree murder (assuming a prior DUI).

Felony DUI Charges

A DUI can be charged as a felony under several circumstances:

1. Fourth or subsequent DUI within 10 years
2. DUI causing injury (as explained above)
3. DUI with prior felony DUI conviction
4. Vehicular manslaughter while intoxicated (Penal Code 191.5)
5. DUI murder (also known as “Watson murder” after the California Supreme Court case)

Felony DUI convictions can result in:

• 16 months to 4 years in state prison (longer with enhancements)
• Fines up to $5,000 (before penalty assessments)
• “Strike” on your record under California’s Three Strikes Law in certain cases
• License revocation for up to 5 years
• Designation as a habitual traffic offender
• Lifelong consequences affecting employment, housing, and civil rights

DUI Charge? Time Is Not on Your Side

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DMV Hearings vs. Criminal Proceedings

When charged with a DUI in San Diego, you’ll face two separate processes:

DMV Administrative Per Se (APS) Hearing

This administrative proceeding is entirely separate from your criminal case and deals exclusively with your driving privileges. You must request this hearing within 10 days of your arrest, or your license will be automatically suspended.

During the DMV hearing, a DMV hearing officer (not a judge) will determine:

1. Whether the officer had reasonable cause to believe you were driving under the influence
2. Whether you were lawfully arrested
3. Whether you were driving with a BAC of 0.08% or higher

The burden of proof at DMV hearings is “preponderance of the evidence” (more likely than not), which is much lower than the criminal court’s “beyond a reasonable doubt” standard.

Criminal Court Proceedings

The criminal case determines your guilt or innocence and potential criminal penalties. This process typically involves:

1. Arraignment: Your first court appearance where charges are formally presented
2. Pre-trial proceedings: Motion hearings, discovery, and plea bargain negotiations
3. Trial: Either before a judge (bench trial) or jury
4. Sentencing: If convicted, the judge will determine your punishment within statutory guidelines

It’s critical to understand that you can “win” at one proceeding and “lose” at the other. For example, you might avoid criminal conviction but still lose your license at the DMV hearing.

Defending Against DUI Charges in San Diego

If you have been arrested for DUI, chances are you have already suffered. Jail time, missed work, and family consequences may only be the beginning. Without a successful defense strategy, you might also:

• Attend mandatory classes, counseling, and other educational sessions
• Lose your driving privileges (temporarily, or even completely)
• Be ordered to pay hefty court fines and fees
• Spend an extended amount of time in jail or prison

We will investigate every aspect of the prosecution’s case, exploring all possible opportunities to reduce or eliminate your charges. This will include investigations into the legality of any:

• Breathalyzer results
• Field sobriety test (FST) results
• Testimony from any arresting officers or drug recognition experts
• Causation (in a DUI case involving Great Bodily Injury it must be proven the driver was directly responsible for the injury, to be convicted)

Effective DUI Defense Strategies

There are numerous DUI defense strategies that may be applicable to your case, depending on the specific circumstances:

Challenging the Traffic Stop

Every DUI investigation must begin with valid reasonable suspicion for the initial stop. We examine whether:

• The officer had legitimate cause to pull you over
• The stop was conducted as a pretext for DUI investigation
• There were constitutional violations in how the stop was conducted

Questioning Field Sobriety Tests

FSTs are notoriously subjective and unreliable. We scrutinize whether:

• The tests were administered according to National Highway Traffic Safety Administration (NHTSA) standards
• Environmental factors affected test performance (uneven surface, weather, improper lighting)
• Medical conditions or physical limitations influenced test results
• The officer was properly trained to administer and interpret the tests

Contesting Chemical Test Results

Breath and blood tests are not infallible. We investigate:

• Whether testing equipment was properly calibrated and maintained
• If proper protocols were followed during sample collection
• Whether the chain of custody was maintained
• If medical conditions (like GERD, diabetes, or ketogenic diets) produced false positives
• Whether rising blood alcohol levels created a falsely high reading

Challenging Probable Cause for Arrest

Officers must have probable cause to make a DUI arrest. We examine:

• Whether objective symptoms of intoxication were present
• If the officer’s observations were consistent with body camera footage
• Whether the arrest was conducted in accordance with proper procedures

Rising Blood Alcohol Defense

This defense argues that your BAC was below the legal limit while driving but rose to illegal levels by the time of testing. This is based on the scientific fact that alcohol continues to absorb into the bloodstream for up to several hours after consumption.

Prescription Medication Defense

For drug DUI cases involving prescription medications, we may argue:

• You were taking medication as prescribed
• You had no reason to know the medication would impair your driving
• The symptoms observed were side effects of the medication, not impairment

DUI Diversion Programs and Alternative Sentencing

In some cases, especially for first-time offenders, there may be alternatives to traditional DUI sentencing:

DUI Court Programs

San Diego County offers specialized DUI court programs that provide:

• Intensive supervision
• Treatment for alcohol and drug issues
• Regular court appearances to monitor progress
• Reduced sentences upon successful completion

Military Diversion

Under Penal Code 1001.80, active duty or veteran military personnel suffering from trauma, substance abuse, or mental health issues may qualify for pretrial diversion programs focused on treatment rather than punishment.

Wet Reckless Plea Bargain

A “wet reckless” (reckless driving involving alcohol under Vehicle Code 23103.5) is a common reduced charge in DUI cases that typically carries:

• Lower fines and fees
• Shorter probation periods
• No mandatory license suspension
• Shorter or no jail time
• Shorter DUI school requirements

However, a wet reckless still counts as a prior DUI if you’re arrested for DUI again within 10 years.

Long-Term Consequences of DUI Convictions

Beyond the immediate legal penalties, a DUI conviction can have far-reaching impacts:

Insurance Consequences

After a DUI conviction, you can expect:

• Insurance premium increases of 30-100% for 3-10 years
• Possible policy cancellation
• Requirement to file an SR-22 (proof of financial responsibility)

Professional Impacts

A DUI can affect your career, especially if you:

• Hold a professional license (medical, legal, real estate, etc.)
• Drive for work
• Have security clearance
• Work with children or vulnerable populations

Immigration Consequences

For non-citizens, a DUI conviction can potentially:

• Affect visa renewals
• Impact naturalization applications
• In some cases (especially with aggravating factors), trigger deportation proceedings

Personal Effects

Don’t underestimate the personal toll of a DUI, including:

• Relationship strain
• Social stigma
• Restricted travel to certain countries
• Practical hardships from license suspension

Why Choose David P. Shapiro Criminal Defense Attorneys

When facing DUI charges in San Diego, your choice of attorney matters significantly. Our firm offers:

Specialized DUI Defense Experience

We focus extensively on DUI defense, staying current with:

• The latest changes in California DUI law
• Scientific developments in blood alcohol testing and forensics
• Evolving case law that may impact your defense

Comprehensive Case Analysis

We conduct thorough investigations, including:

• Detailed review of all police reports and evidence
• Analysis of body camera footage
• Consultation with expert witnesses when necessary
• Independent testing of blood samples when appropriate

Local San Diego Court Knowledge

Our firm’s familiarity with San Diego’s court system provides distinct advantages:

• Established relationships with local prosecutors
• Understanding of individual judges’ tendencies
• Knowledge of local diversion program eligibility and requirements
• Familiarity with San Diego Police Department and Sheriff’s Department DUI procedures

Client-Centered Approach

We understand a DUI is a traumatic experience, and we provide:

• Clear explanations of your legal options
• Honest assessments of case strengths and challenges
• Responsive communication throughout your case
• Support navigating both DMV and criminal proceedings

You Still Have Options – Contact Our DUI Attorneys in San Diego NOW

Call David P. Shapiro Criminal Defense Attorneys today and take control of your defense strategy. A DUI conviction comes with incredible social, professional, and monetary consequences. We believe that NO two cases are ever alike. No DUI case is ever “open and shut”. You deserve quality legal representation in the courtroom – do not be intimidated into accepting a plea bargain!

You have questions, we want to give you the answers. Call and schedule your DUI case evaluation. You are innocent until proven guilty. Call today!

California Central Courthouse

City courthouse in San Diego, California

• Address:1100 Union St, San Diego, CA 92101
• Hours: Open – Closed 4PM
• Phone:(619) 844-2700