Answers to the most common DUI questions we receive:
If you are charged with a San Diego DUI you should immediately find a good attorney. Your attorney will guide you through the different options you have, and he will help you select the best one amongst them. You will have following options for your defense: Pursuing a Case Dismissal, Plea Bargain negotiation, or Taking the case to court.
Yes, with an experienced lawyer it is entirely possible to win a DUI case. There are many possible strategies that can used to build a strong defense such as arguing constitutional violations, and challenging blood alcohol concentration levels.
We have helped many of our clients obtain favorable outcomes in DUI cases and get their penalties reduced. For some of our clients, we even got their charges dismissed entirely. You can trust your case in our hands, and we’ll do our best to help you minimize your penalties.
We carefully examine all the police reports to find any lapses in the procedure. We also request complete transparency about the device used to test the blood alcohol levels, the personnel conducting the test, and also the lab certifications. We conduct a thorough investigation and leave no stone unturned to build a strong case to defend our clients.
You will find the date and time of your hearing somewhere on your ticket or in your paperwork. If you have not hired an attorney then you must attend your hearing on the designated time. The Judge will first handle attorney represented cases and then he will proceed with non-attorney represented cases.
At some time during the proceedings the judge will ask you to enter a plea. You may plead guilty or non-guilty. Depending on your plea, the judge will carry on the proceedings. If you plead guilty, your punishment will be announced immediately, but if you plead non-guilty then the judge will ask you a number of questions to determine if you want to waive any of your constitutional rights including your right to a speedy trial or not.
The punishment for San Diego DUI may entail some Jail time, heavy fines and probation, or some program that counts as Jail time.
Following are some common San Diego DUI penalties:
• Heavy fines and Probation
• Jail time ranging from a few days to many years.
• Impoundment of your car.
• Suspension or revocation of you driver’s license
• Mandatory admission and attendance at treatment programs
• Installation of Ignition Interlock device in your car
The penalty you get depends upon the severity of your offense, your county, your age and a number of other factors related to your case. You can find more details about the possible punishments in the San Diego Penalty chart.
Apart from the explicit penalties mentioned above, San Diego DUI also entails certain implicit penalties such as higher premiums on insurance and lost work opportunities.
After being arrested for a San Diego DUI, you will be facing two different proceedings – the courts and the San Diego DMV.
People who are facing San Diego DUI charges are given a temporary driving license which will expire in 30 days. If you want to extend your driving license then you have to file for an administrative hearing in the San Diego DMV. You must file for the hearing in the San Diego DMV within 10 days of your arrest. Once your hearing starts, your driving privileges will be protected until the hearings end.
If you win the San Diego DMV hearing then your driving privileges will be protected until the court delivers a verdict in your case.
Depending upon your case, it may be possible for you to get your license back. There are some valid legal defenses that can be used to challenge the DMV license suspension. Each case has its own unique facts, without the knowledge of those facts it’s impossible to predict if your license can be recovered or not. You should call our attorneys for a free consultation. They will give you clear picture of your case, and will help you to determine if your license can be recovered or not.
Yes, it is possible to win San Diego DMV hearings. Our law firm has significant experience in defending and winning San Diego administrative DMV hearings. The DMV hearing officer must make three determinants to restrict your driving privileges:
1. Who was driving the Vehicle?
2. Did the police office have “reasonable cause” to pull over and make an arrest?
3. Was the blood alcohol concentration level of the driver 0.8 or higher?
A knowledgeable and strong defense possibly having expert witnesses can raise some serious questions about these criteria and help the defendant protect his/her driving privileges.
Unless you decide to plead guilty in your first hearing, a San Diego DUI case can take up to several months to get settled. In case of more complicated cases the process of winding through courts and San Diego DMV may even take years.
If the case involves a felony such as an accident, or if it’s a case of repeated offense than the case may take several years. A reliable estimate of the time frame of the case can only be established after knowing all the facts and details about the case. You call our attorneys for a free consultation to get a reliable estimate of how long your case may last in court.
This varies based on the factors involved in your case. However, even in the best circumstances when you lose a San Diego DUI case, it can still cost up to a thousand dollars as you must pay the fines, the court fees, the attorney fees, potentially fees to expert witnesses, the fees of DUI traffic school, and the higher insurance premiums.
In case of complicated cases your expenses can easily exceed thousands of dollars. At our firm, our attorneys will give you flat fees after your reviewing all the aspects of your case. You can get a quote after calling us and scheduling a free consultation.