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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
- Moher, Andrew: A conviction for DUI (driving under the influence) or DWI (driving while intoxicated) carries serious penalties in California. It is crucial that you hire a drunk driving defense lawyer who will aggressively represent you. Penalties for a drunk driving conviction in California can include: * Jail Time * Large Fines and Court Costs * Community Service * Public Work Service * Probation * License Suspension/Revocation * Court Ordered Alcohol Treatment/ Alcohol Education Your license will be suspended immediately if you are charged with drunk driving, even prior to the case going to court. There is a limited time in which to challenge your suspension before losing your driving privileges.
- Ohlweiler, Robert: URGENT: If you have been arrested for California DUI / DWI, it is vital that you act quickly to protect your driverÕs license. You have only 10 days from the date of arrest to request a DUI DMV Administrative Per Se (APS) Hearing with the California DMV. Contact the the Law Office of Robert Ohlweiler to protect your legal rights if you or someone you know has been charged with a DUI, drunk-driving, driving under the influence of alcohol or drugs, or any drinking and driving arrest in California. 50% of adults in the United States drink on a regular basis and in most countries of the world drinking is both morally and legally acceptable. is a very unique crime because people who are usually law abiding get arrested for it. A driving under the influence (DUI) arrest is a combination of bad luck and poor judgment for which good people pay dearly. California law triggers two separate cases: A DUI/DWI court case, and a California Department of Motor Vehicles case. When drivers are arrested for drunk-driving in California, they are charged with two different counts. The first isdriving under the influence of alcohol; the second is a related charge of driving with a blood alcohol contant (BAC) of .08 or higher. The latter charge is the one that triggers the California Department of Motor Vehicles DUI case, where the California DMV will try to suspend the driving privilages of the motorist. DUI defendants in California are typically charged with violating two different statutes: California Vehicle Code Section 23152 (a), and also Vehicle Code Section 23152 (b). The first section, known to California DUI lawyers as the "A" count, relates to driving while a person's physical or mental faculties are impaired by alcohol (or drugs) to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or drugs in California courts. California drunk-driving arrests also give rise to a charge of violating Vehicle Code Section 23152 (b), known to California DUI lawyers as the "B" count. This charge is brought against those arrested for DUI who provide a breath or blood alcohol sample of .08% or higher. It does not matter what the driving pattern is like, or whether the individual arrested performed Field Sobriety Tests with textbook precision. It is a charge that is based purely on body chemistry. If youÕve already been convicted of California DUI, it may be possible to help clean up your record, whether your conviction is for a misdemeanor or a felony. Drunk-driving convictions can be expunged,
- Ramos & Associates:
When you are facing DUI or DWI charges, you need to rely on a professional and experienced DUI/DWI defense lawyer. If you have been charged with drunk driving or driving under the influence in the State of California you may face stiff fines and penalties including license suspension and jail.
IMMEDIATE ACTION MUST BE TAKEN REGARDING YOUR DMV RIGHTS
If you are arrested for a DUI / driving under the influence and your blood alcohol level is .08 percent or more, your driver's license will be taken away by the arresting officer at the time of your arrest. The Department of Motor Vehicles will suspend your license and issue a temporary permit for 30 days. You must schedule a DMV hearing within 10 business days of your arrest in order to appeal the license suspension. We will effectively guide you through this process in an aggressive effort to eliminate your license suspension.
Under California law, the following regulations apply:
- It is a crime for anyone with a blood alcohol level of .08 percent or higher to operate a motor vehicle on a public roadway.
- If you are under the age of 21, it is a crime to operate a motor vehicle on a public roadway with a blood alcohol level of over .01. This means that even one drink may put you over the legal limit.
- It is a crime to drink any alcoholic beverage in a motor vehicle upon a public roadway.
- It is a crime to have an opened container holding any amount of alcoholic beverage in a motor vehicle on a roadway unless the container is kept out of the immediate control of the occupants.
- Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year.
Make sure that you do not answer any questions until you consult with an experienced DUI and drunk driving attorney.
- Raskin & Tee: They frequently handle DUI cases for important clients of other San Diego, law firms, and have been hired by ÒDUI specialistsÓ to handle felony and misdemeanor DUI cases, and related DMV actions.
- David R. Rawson: ÒDUIÓ stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offenderÕs expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for at least 7 years; it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities. However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
- Recordon & Recordon: If you do nothing immediately after your arrest the Department of Motor Vehicles will suspend your license for four months on the first offense and one year on a second offense. You must set a DMV hearing immediately to stop the automatic suspension until a hearing take place. If you are successful at the hearing the suspension is "set aside" and you retain full driving privileges. I have won hundreds of DMV hearing over the years.
- Timothy Richardson: A person is under the influence of an alcoholic beverage when as a result of drinking such alcoholic beverage his physical or mental abilities are impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence, under the same or similar circumstances.
- Michael Richmond: Even though attorneys are schooled in the laws pertaining to a wide variety of legal areas, a huge amount of expertise comes from practical experience. Either by prosecuting or defending individuals or businesses. For DUI cases, which involve a great deal of science in addition to just knowledge of the basic governing laws, this experience may be the most critical thing. And because of the complexity of DUI cases, knowledgeable attorneys consider them to be among the most difficult to defend. Because of this same complexity, a great many attorneys make up to 10 big mistakes when it comes to defending DUI clients . . . mistakes which can profoundly harm their clients in terms of losing their license, paying considerable fines, being jailed, having huge increases in their insurance rates, and the effect it could have on their current or future job. To protect yourself and to help decide whom to hire and how to plead, you had better know what these mistakes are.
- Keith Rutman: If you have been arrested for a crime, you may feel helpless and scared. You should know that you do have rights, and that you do not have to face misdemeanor or felony charges alone. The US Constitution guarantees your right to be represented by a lawyer to defend you in every phase of the criminal process.
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