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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

• Owens, Michael: One of the most common offenses charged in the criminal courts today is Driving Under the Influence of Alcohol (DUI). During the last several years, political lobbies such as Mothers Against Drunk Driving (MADD) have pressured lawmakers to pass more stringent statutes related to drunk driving. These statutes have gone beyond a prohibition against driving while under the influence of alcohol; they have created a huge administrative and legal maze, which is very difficult to navigate. These statutes have also made defending a DUI a difficult task, requiring both a thorough knowledge of the science and an in depth understanding of the legal procedure unique to a DUI charge. In addition, the consequences of a DUI conviction have increased substantially. When you are charged with a DUI in California, you will probably be charged with both Òdriving under the influence of alcohol (DUI),Ó and Òdriving with .08% or higher blood-alcohol concentration.Ó The latter is also referred to as the Òper seÓ offense because you can be charged for merely having .08% or higher whether or not you are actually under the influence of alcohol. In addition, the Òper seÓ offense creates a rebuttable presumption that you were driving while under the influence of alcohol. California law provides for the following possible penalties for a first DUI offense: * Up to six months in jail * Fines and assessments * Mandatory attendance at a state sanctioned DUI school * Community service * Some judges might order you to install an ignition interlock device (IID) on your vehicle * Some judges might order you to attend a MADD victimÕs impact panel * Some judges might order you to attend Alcoholics Anonymous meetings In addition, if one of the following enhancements is proven, you may suffer even more severe consequences: * Having a child under 14 years old in the car * SpeedingÑover 20 mph on the surface streets or 30 mph on the highways (requires a minimum 60 day jail sentence) * Refusing to submit to chemical testing (breathalyzer, blood test, or urinalysis)(license is suspended for one year) * Multiple convictions for DUI within the previous ten years * Three or more prior convictions increase the offense from a misdemeanor to a felony The Department of Motor Vehicles will also suspend your license for four months. This suspension can be reduced to a 30-day suspension followed by a five-month work restriction permit if you file proof of enrollment in a DUI school and an SR-22 form (proof of insurance/financial responsibility). If this is your second offense, your license will be suspended for one year, and anyone who refuses to submit to chemical testing will have his license suspended for one year with no possibility of a work restriction permit. If this is your second offense for refusing to submit to chemical testing, your license will be suspended for two years (no work restriction permit). These suspensions automatically go into effect after 30 days and are called Administrative License Suspensions (ALS). Important: you have only ten calendar days in which to contest an Administrative License Suspension in an administrative hearing. Request a hearing by calling the Department of Motor VehiclesÕ Safety Office within ten days. An experienced DUI attorney may be able to have the suspension thrown out. If you do not call to ask for a hearing within ten days, the DMV will automatically suspend your license after 30 days. In other words, if you wait until the eleventh day, you cannot get a hearing and the DMV will automatically impose the suspension.
• Bill O'Connell: Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.
• Darren Pirozzi: If you have been accused of a crime, the decisions you make now can literally affect the rest of your life. The strength of your defense should be assessed by an attorney who fully understands the unique facts of your case and who knows how the law applies to your circumstances. Only then can you make the critical decisions that will protect your future.
• William Nimmo: You may have a lot of questions about your case and you may not be sure what to do next or where to turn. On top of this, you may feel uncertain about the costs of trial representation.
• Victor Orsatti: If stopped for a minor traffic infraction, can this give an officer probable cause to arrest you for drunk driving? Yes! The main reason the officer stopped you does not need to be related to drunk driving. In fact, routine stops for broken taillights, out-dated registration or even cracked windshields have been upheld as sufficient cause for San Diego officers to detain individuals and then to check for symptoms for drunk driving. In any given case, your San Diego criminal attorney will advise you if there are grounds to have the case thrown out by the filing of a motion to suppress the evidence based upon an initial bad detention.
• Michael Owens: Driving under the influence, commonly referred to as, "drunk driving" or "DUI" describes operating a motor vehicle while one's blood alcohol content is above the legal limit set by law.
• Pacific Law Center: California has two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b) 23152: Alcohol and or drugs: (a). It is unlawful for any person who is under the influence of an intoxicating beverage, or under the combined influence of an alcoholic beverage or drug to drive a vehicle. 23152: Alcohol and or drugs: (b) It is unlawful for any person who has a .08 percent or more by weight to drive a vehicle. The difference between a misdemeanor and a felony is: misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to 6 months in jail whereas a felony has injury and the penalty could be as much as up to one year in a state prison. Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
• David Pomeranz: All California criminal cases begin in the criminal court of the county in which you were arrested. The District Attorney (DA) receives and reviews the police officer's report to decide whether to prosecute you. Generally, the prosecution does in fact file the case! Why? Because if your Blood Alcohol test shows over .08%, you are 'presumed' to be under the influence and the burden of proof shifts to you to 'prove' your innocence. In San Diego County, The District Attorney prosecutes most D.U.I. cases in the outlying areas (El Cajon, South Bay, North County) while the City Attorney prosecutes in Central San Diego.
• Mary Prevost: The officer who pulled you over will provide his reports to the prosecutor's office. The prosecutor may add or delete charges originally brought once he or she obtains the blood alcohol results. You must enter a plea of NOT GUILTY. In no case should you plead guilty right away. It is essential to review all police reports, scientific results, and the procedures used at arriving at a particular blood alcohol level, before you enter a plea.