San Diego Criminal Defense Attorney - DUI Lawyer For DUI Defense Needs

Be aware that DUI arrest set into motion two seperate and distinct statutory proceedings. Since DUI's carry potential penalties that include imprisonment, your case will be sent to criminal court system where the prosecutors must decide whether to charge you with a crime. If they do, then you will face a number of court appearances as you would if you were charged with any other crime.

DUI's also subject you to administrative proceedings with the DMV where they must determine whether to suspend, revoke, or restrict your driver's license. If you do not request a hearing the suspension will be automatic.

Under section 23152 of the California Vehicle Code, you can be convicted of a DUI if one of the following occurs:

1. You are under the influence of any alcoholic beverage or drug - meaning that you fail to operate your vehicle in the same cautious manner as a similar sober person driving under the same or similar circumstances (or you are driving poorly or dangerously as the result of drinking or taking drugs).

2. You are operating your vehicle while having a blood alcohol level of .08 or greater.

Keep in mind that there are other aspects to DUI laws that may enhance your penalties if convicted. Causing an injury while driving under the influence, having a prior DUI conviction, or simply refusing to submit to a blood, breath or urine test create other legal issues that needs the immediate attention of an attorney.

When accused of a DUI, you are subjected to the court system and the administrative proceeding of the Department of Motor Vehicles or (DMV). While the DMV does not have the right to impose criminal penalties like the courts, they have the power to do something almost as severe, suspend or revoke your driver's license. Be aware that you have 10 days from the date of your arrest to request a hearing with the DMV to contest the suspension of your license. Failure to do so will result in the automatic suspension of your license if the chemical test shows that you had a BAC of .08 or greater.

By requesting a hearing, you or your attorney has the opportunity to raise issues that may actually prevent your license from being suspended or having a suspension set aside.Many of these issues are relatively complicated and require the expertise of an attorney to properly present to the DMV officer.

Please note* if you refused to submit to a chemical test, you can still request a DMV hearing but the legal issues may differ slightly and the DMV penalties may actually be greater.

While the Vehicle Code allows for criminal penalties that include 6 mos in jail and a $1,000 fine plus penalties and assesments, for a first time DUI without injuries the criminal penalties are likely to be less than the maximum. However, when you include DMV penalties, increased insurance rates and court fines, the cost becomes more significant.

If you have had a previouse DUI conviction(s) within the past (10) years, or cause bodily injury as a result of your DUI, it is even more important that you speak with an attorney. Under these circumstances you face potentially face even greater penalties including the possibility of incarceration.

Surprisingly, DUI's pose many complicated legal and scientific issues. It is not always as simple as what was your blood alcohol at the time you took your chemical test. In both court and at the DMV, an experienced attorney can raise these legal issues that may provide you a defense that could lead to an aquittal or even a dismissal of your case.