Win Your DUI With A San Diego DUI Attorney
If you have come to this page then you, or a loved one, have recently received DUI charges and you are trying to determine whether a San Diego DUI attorney can help. You may be full of embarrassment, frustration, anger, and most of all confusion. It may seem like the end of the world right now: like your license will be suspended and you won’t be able to drive for a long time. The long-term consequences of having a DUI on your record can feel even more daunting. However, do not lose hope and take action immediately to help ensure the best possible outcome from your DUI charges.
An experienced San Diego DUI attorney can help you evaluate all of your options and guide you through the legal process in or to avoid or minimize your DUI penalties. Before going any further, let us provide some quick advice that could help you keep your license from being suspended.
URGENT: Take Immediate Action To Prevent License Suspension
You have just been charged with a DUI and possibly issued a 30 day temporary license. What do you do next? If it has been less than 10 days since the date of your DUI, you should immediate request a DMV hearing. This will help prevent your license from automatically being suspended by the DMV. By taking the action to request a DMV hearing, you increase prevent the DMV from automatically suspending your license. In the best case scenario, your license will not be suspended after the hearing and you can continue driving. In the worst case scenario, by requesting a DMV hearing, you give yourself 4 to 6 weeks to make alternate driving arrangement, since you will be allowed to drive up until the hearing. For a first DUI offense, if you lose the DMV hearing or do not request it, you can expect to have your license suspended for 4 months. The suspension will come into effect 30 days after the initial arrest as the temporary license runs out.
Possible Legal Defenses Against A San Diego DUI Charge
There are many possible defenses against a DUI charge that a San Diego DUI attorney can select for your defense. We’d like to present a few of these defenses below.
One of the most popular ways a San Diego DUI attorney defends a DUI charge is to question whether the initial “stop” by the officer was justified. It is essential that an officer has “reasonable suspicion” in believing that an individual is driving under the influence of alcohol, to make the stop justified. One of the few ways that an officer might have the suspicion of a driver’s influence is if the driver is weaving or swerving in their lane. Saying that a “tail light was out,” may not necessarily provide enough reasonable suspicion to justify the initial stop. A San Diego DUI attorney can review the circumstances surrounding the stop, and if it appears that the stop was not justified by reasonable suspicion, then the DUI case must be dismissed.
When you drink alcohol, it takes times from the alcohol to be fully absorbed by your body. As the alcohol beings to be absorbed and enter the bloodstream, your blood alcohol content (BAC) will begin to rise. In San Diego, a BAC of 0.08 (8% of your blood is alcohol) is the legal limit for driving. So how does this defense work? Let’s say that the defendant is stopped for a Dui and is taken to the police station. At the police station, their BAC is tested again and is found to be 0.08 (the legal limit). This means, based on the rule of rising blood alcohol content), that at the time the individual was driving and was stopped by the police, their BAC could possibly have been less than 0.08. Only a San Diego DUI attorney can help you determine if this defense is applicable in your unique situation.
- Lacking evidence for the DUI
- The officer’s failure in following process procedures for administered the BAC or breath test
- Improper blood collection
- Arrest was illegal
- You had satisfactory performance on the field sobriety tests
- Miranda Rights were not read or improperly read
Should You Plead Guilty?
Let’s discuss what it means to plead “guilty” or “no contest.” The direct consequences are obvious: loss of driver’s license, black mark on your record, heavy fines. However, there are various collateral consequences that are often overlooked, such as the need for alternate driving arrangement or alcohol classes. If you are under the age of 21, you will have your driver’s license suspended for at least one year. You might be ordered to have an ignition interlock machine placed in your car. You might have to participate in an alcohol education program for up to 9 months. If you are from outside of San Diego, you will lose your license in your home state as well. When all of the direct and indirect consequences are added up, a DUI conviction can cost you over $10,000. A San Diego DUI attorney will likely cost less than $10k.
Benefits Of Having A San Diego DUI Lawyer
If you choose to not challenge your license suspension by requesting a DMV hearing, your chances of losing your driver’s license are 100%. With an experienced San Diego DUI lawyer on your side the chances of winning the DMV hearing can only be greater. Another great benefit is that, in most cases, your lawyer can appear on your behalf in court, which is extremely beneficial for those individuals from outside of San Diego that receive a DUI charge.
Free No Obligation DUI Consultation
Hopefully, after reading this page, you feel more confident about your DUI charges and are ready to learn how an attorney can help with your specific DUI charges.