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San Diego University Substance Abuse Center:

The primary mission of the Center on Substance Abuse (CSA) Driving Under the Influence Program (DUIP) is to help reduce the incidence and prevalence of driving under the influence and the negative consequences of this behavior for our community and its residents, and to assist participants in identifying and seeking solutions to their own alcohol and other drug problems.

In order to accomplish this mission, we are committed to providing, under the guidelines established by the State of California and the County of San Diego, the highest quality of educational and counseling services to those who have been convicted of violating the DUI laws.

The San Diego State University CSA DUI Program operates under California license, (#3700501120). The Official licensee is the SDSU Foundation a California non-profit organization under Chapter 501(3)c of the IRS Code. However, the program is administered by the University College of Health & Human Services, School of Social Work through the CSA. Since its designated area of services by the courts is the San Diego court district, it is referred to as the "Central District DUIP". Specific operations are in accordance with the California Health and Safety Code (H&S C) statute, Chapter 9, Section 11836 through Section 11838.5. This statute is implemented via regulations adopted by the California Department of Alcohol and Drug Programs (ADP), specified in the California Code of Regulations (CCR) Title 9, Section 9795 through Section 9886.

San Diego DUI Lawyers

• Babcock, Russell: If you have a record for arrests or convictions for state crimes, it may be possible to have your record erased or cleaned. This can be helpful in seeking private employment though you may have to still disclose your prior record on government questionnaires. This process involves a motion to seal the arrest record if the charge did not result in a conviction, or a motion to "expunge" if the applicant has been convicted of criminal charges. Usually, you must have successfully completed probation to be eligible for this remedy. It is amazing how few people take the time to clean their record after they have completed probation. While an individual may file the papers on their own to complete this process, often it is helpful to have an attorney do this so that it can be done quickly and accurately. The attorney can also tell you if you are eligible for this important remedy.
• Kerry Armstrong: Having the right legal representation is key to ensuring that your freedom is maintained.
• Ayers, Butters & Johansen: After a drunk driving conviction in San Diego, it is possible your Insurance Company will double, or even triple the convicted motorist's Insurance Policy premiums. The penalties charged after a DUI conviction vary widely among Insurance companies, therefore most DUI lawyers will strongly advise that comparison shopping and research be conducted rather than merely accepting an imposed premium hike.
• Akel & Associates: Arrests for DUI will result in two separate cases. First a DMV Per Se hearing must be requested within ten days of arrest or your right to a hearing may be waived and your driving privilege may be suspended or revoked. Secondly, a criminal case will be prosecuted against you which can result in fines, community service and/or jail time . A conviction for either charge can remain on your record for seven years; any future arrests for DUI within that period will result in the suspension of your license and mandatory jail time. If you have been arrested for driving under the influence, you should contact a competent and qualified attorney immediately to protect your rights.
• Michael S. Berg: The original reason the officer stopped you need not be related to driving under the influence. In fact, routine stops for broken taillights, out-dated registration or even cracked windshields have been upheld as sufficient cause for officers to detain individuals and then to check symptoms for driving under the influence. In any given case, however, there may be grounds to have the case thrown out by the filing of a motion to suppress the evidence based upon an initial bad detention.
• Jerrold Bodow: You should consult an attorney for individual advice regarding your own situation.
• Joshua R. Bourne:

  If you have been charged with driving under the influence of alcohol and/or drugs, a trained attorney may be able to negotiate with the prosecutor to obtain a reduced charge, or even possibly dismissed.  There are several possible issues that may be worth exploring in negotiations or in trial, for example:

  • The police officer who arrested you must have made a lawful stop of your vehicle;
  • There must be proof that you were actually driving the vehicle;
  • You may have medical issues that affect the results of your breath test - acid reflux, diabetes, dental work, tongue piercing, hernias;
  • The police officer must make a lawful arrest, and follow all the proper arrest procedures;
  • The police officer must comply with all of the appropriate breath test procedures.  For example, California law requires the officer to observe you for 15 minutes before conducting the breath test;
  • The police officer must comply with all of the appropriate blood test procedures - improper blood testing may cause a mistake in the BAC results.  For example, the blood sample must contain the correct amount of preservative and anticoagulant in order for the BAC results to be accurate;
  • Depending on the timing and pattern of drinking, there may be a "rising" defense (during the time of driving you were actually below .08, but your BAC "rose" between the time of driving and the time of taking the breath/blood test);
  • Was the police officer simply conducting random DUI checks of all vehicles?
  • Were the breath machines properly calibrated?  If the machine is not functioning correctly, the BAC may be deemed invalid.

  A trained DUI attorney will be able to investigate the evidence and data in order to contest the prosecution's case.

• James Bickford: Regulation of Blood Alcohol Testing In order for the state to successfully use information gathered from blood, urine or breath testing, it must be sure the test is accurate. Blood alcohol testing is a complicated and technical chore. Because it is measuring small amounts of chemicals involved in a complicated chemical process, it is crucial for the state that the equipment be tested and calibrated frequently. It must also ensure that whoever administers the test follows all procedures exactly. This means that the person must have proper training, and if the law calls for it, re-certification at appropriate intervals. Because the test must be given under optimum conditions, the officer must arrange these conditions. There are many technical reasons why a given test could be inaccurate. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
• Stephen Brodskey: Driving under the influence is the most common offense in our society. It can be charged as either a misdemeanor or felony, depending upon your record or whether there were serious injuries. If you have three or more prior DUI convictions, the prosecutor will most likely file a felony DUI case against you. If your DUI resulted in an accident causing serious injuries to your passengers or to the driver or passengers of other cars, your case will be prosecuted as a felony.
• Bukowski Associates: If you are accused of a crime, every decision you make with respect to your case will affect the rest of your life. Whether you choose to go to trial or accept a plea bargain, we will work tirelessly to ensure that you obtain the best possible result. Do not gamble with your future - decide to go with the best representation available in San Diego County.