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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

• San Diego Law Center:

  DUI Charges

  Driving drunk in the state of California will result in a DUI charge against the offender. The DUI charge will result in 2 cases being processed; one by the DMV and another by the court system. However, the case against the defendant by the courts contains two separate charges. These charges are known to California DUI attorneys as the (a) and (b) counts (Vehicle Code 23152 (a) and (b). The defendant will only be punished once for both of the charges. Count (a) states that it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. Count (b) states that it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

  DUI and the San Diego DMV

  A person that has been charged with a DUI in the state of California has ten days from the date the arrest was made to request a hearing with the DMV, and if that person does not request that hearing his/ her driver's license will be automatically suspended 30 days after the DUI arrest was made. This is not negotiable in any shape or form. The DMV's actions will vary depending on whether it is a person's first offence or his/her third offense. The minimum sentence for a first time DUI offender is a 4-month suspension with the possibility of a restricted license being obtained by the defendant after 30 days of the suspension have passed. Second-time offenders will receive a one-year suspension and a third-time offender will receive a two-year revocation for a third offense.

  DUI “Washout” Period

  Also, the state of California has a ten year "washout" period. What this means is that if an individual was arrested for a DUI on April 19, 1996 and is arrested again on April 17, 2006 for a DUI charge, that latest charge will be counted as a second offence which will end in the defendant receiving a harsher sentence.

• Stephen Cline: If you have been arrested for Driving Under the Influence of Alcohol or Drugs, there are many variables to consider. It is very important that you receive accurate information from a qualified attorney. A DUI defense requires immediate attention. Only an experienced attorney can help you understand and exercise the constitutional rights that are involved with every DUI offense. DUI charges can be very traumatic and financially burdensome for first-time offenders and multiple offenders. Each case is unique and requires special attention to detail before any resolution can take place. Because there are constitutional issues that need to be addressed with every case, it is worth your while to have legal representation at all stages involving DUI action. For example, there is always a question of whether or not the officer had a legitimate reason for the initial stop, detention, search, and/or arrest.  An experienced attorney should help you understand these issues and whether or not you should plea or take the case to trial. Moreover, if you have a California Driveršs License, you should have representation for the administrative hearing at the Department of Motor Vehicles (DMV).  These hearings must be set within ten-days of your arrest and involve legal issues on whether or not the DMV should suspend your driveršs license. Thorough investigation and aggressive representation are key elements for a successful defense in all DUI cases.  Each case deserves a proper dedication of time and effort in order to determine whether or not the charges should be dismissed, reduced, or at the very least, plead to after adequate negotiations. The results of a DUI action depend on the facts of each individual case and your strategy in reaching a conclusion. Only an experienced and qualified attorney can assist you in each of the critical stages involved in a DUI case and give you the information necessary for you to make an informed decision about how to proceed with your case. If you have been arrested for DUI, you must act promptly. And, if you have questions regarding issues such as justification for the arrest, refusal of field sobriety tests, the difference between the various test options, what happens if I am currently on probation, or will my license be suspended, you should call an experienced attorney immediately. 
• Cole Casey: The consequences that result from the prosecution of a DUI case can vary tremendously, depending upon the facts and the skills of your lawyer. Because there are so many DUIs, standardized treatment by the courts has developed. For the garden-variety DUI, the law requires four minimum, mandatory consequences: 1.Three years of informal or summary probation. This is the easy kind of probation, without a probation officer to report to. You are on probation to the court, and it is a promise not to get arrested again for three years. 2.A fine of approximately $1,250.00, and you will have plenty of time to pay it. 3.A level one drinking-driver program. You must attend ten weekly sessions of approximately three hours each. 4.A ninety day license restriction, allowing you to drive to and from work, during the course of your employment, and to and from the alcohol program mentioned above.
• Oliver Cleary: What to Do if stopped for a DUI? You have a right not to answer questions about where you've been and what, if anything, you've been drinking.  It's none of their business. You have a right not to participate in the Field Sobriety tests.  You have a right not to take these tests.  Simply say, "I am sorry I am not going to submit to any tests.   I understand they are unreliable." You have a right not to take the PAS (preliminary alcohol screeing device) test.  This is a hand held device that is ususally kept in the trunk of the police car.  It doesn't satisfy the chemical test requirement and it may be used as the basis of an arrest.  Thus, it often adds to the confusion of the moment.
• Robert Colosia: 1. When arrested by the Police (for a DUI) or a private person, you have constitutional rights which they should tell you, which are: right to remain silent, anything you say may be used against you, right to have a lawyer present while you are questioned, and if you cannot afford a lawyer, one will be appointed for you. 2. At this point, you should demand a lawyer and they must stop all questions. 3. You should then have a lawyer come and visit you in jail or have a friend or family post Bail, and then come to this lawyer's office. 4. Bring any and all documents you have about the case to this office at the appointment. 5. First Court hearing is the arraignment, where you will plead NOT GUILTY.
• Micheal Crowley: As the accuracy of SFST results depends on an officer following standardized procedures during test administration, the NHTSA encourages states to implement refresher training requirements for practitioners. Despite the significance of compliance with standardized procedures in the administration of the SFST battery, courts have upheld WAT and OLS test results even when an officer has deviated from protocol. This is because physical agility exercises can be interpreted by police officers and by others in court. On the other hand, because of its scientific nature, the HGN test is less open to interpretation and courts are more likely to suppress the results of the HGN test when an officer has failed to strictly comply with protocol. Accordingly, courts often require prosecutors to lay the foundation for the admission of HGN evidence via expert testimony. Prosecutors often call on local optometrists to testify as experts in DUI trials. Optometrists in numerous DUI trials have based their expert testimony on a resolution adopted by the American Optometric Association, which endorses the HGN test as scientifically valid and reliable.
• Mark R. De Yoe has extensive experience in drunk driving cases in all San Diego courts, together with over a decade of DMV experience.
• James E. Dunn: DUI Defense Because the consequences of a DUI conviction are severe (and getting more so all the time), it is critical that you have a skilled DUI attorney to defend you.