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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
-
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 “DUI specialists” to handle
felony and misdemeanor DUI cases, and related DMV actions.
- David R. Rawson
: “DUI” 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 offender’s 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.
- Whitney Ryan:
San
Diego Attorney
- DUI Lawyer For
DUI Defense Needs
| Warning!!
You must
contact
the DMV
within 10
days of
your arrest
and request
a hearing.
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| Failure
to do so
will result
in the automatic
suspension
of your
license. |
Be
aware that
DUI arrest
set into
motion two
seperate
and distinct
statutory
proceedings.
Since DUI's
carry potential
penalties
that include
imprisonment,
your case
will be
sent to
criminal
court system
where the
prosecutors
must decide
whether
to charge
you with
a crime.
If they
do, then
you will
face a number
of court
appearances
as you would
if you were
charged
with any
other crime.
DUI's also
subject
you to administrative
proceedings
with the
DMV where
they must
determine
whether
to suspend,
revoke,
or restrict
your driver's
license.
If you do
not request
a hearing
the suspension
will be
automatic.
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Frequently Asked
Questions:
1.
What is a DUI?
Under
section
23152
of the
California
Vehicle
Code,
you
can be
convicted
of a DUI
if one
of the
following
occurs:
1. You
are under
the influence
of any
alcoholic
beverage
or drug
- meaning
that you
fail to
operate
your vehicle
in the
same cautious
manner
as a similar
sober
person
driving
under
the same
or similar
circumstances
(or you
are driving
poorly
or dangerously
as the
result
of drinking
or taking
drugs).
2. You
are operating
your vehicle
while
having
a blood
alcohol
level
of .08
or greater.
Keep
in mind
that there
are other
aspects
to DUI
laws that
may enhance
your penalties
if convicted.
Causing
an injury
while
driving
under
the influence,
having
a prior
DUI conviction,
or simply
refusing
to submit
to a blood,
breath
or urine
test create
other
legal
issues
that needs
the immediate
attention
of an
attorney. |
2.
How is the DMV
involved in my
DUI case?
When
accused
of a DUI,
you are
subjected
to the
court
system
and the
administrative
proceeding
of the
Department
of Motor
Vehicles
or (DMV).
While
the DMV
does not
have the
right
to impose
criminal
penalties
like the
courts,
they have
the power
to do
something
almost
as severe,
suspend
or revoke
your driver's
license.
Be aware
that you
have 10
days from
the date
of your
arrest
to request
a hearing
with the
DMV to
contest
the suspension
of your
license.
Failure
to do
so will
result
in the
automatic
suspension
of your
license
if the
chemical
test shows
that you
had a
BAC of
.08 or
greater.
By requesting
a hearing,
you or
your attorney
has the
opportunity
to raise
issues
that may
actually
prevent
your license
from being
suspended
or having
a suspension
set aside.Many
of these
issues
are relatively
complicated
and require
the expertise
of an
attorney
to properly
present
to the
DMV officer.
Please
note*
if you
refused
to submit
to a chemical
test,
you can
still
request
a DMV
hearing
but the
legal
issues
may differ
slightly
and the
DMV penalties
may actually
be greater. |
3. What
are the potential
penalties for
a DUI conviction?
While
the Vehicle
Code allows
for criminal
penalties
that include
6 mos
in jail
and a
$1,000
fine plus
penalties
and assesments,
for a
first
time DUI
without
injuries
the criminal
penalties
are likely
to be
less than
the maximum.
However,
when you
include
DMV penalties,
increased
insurance
rates
and court
fines,
the cost
becomes
more significant.
If you
have had
a previouse
DUI conviction(s)
within
the past
(10) years,
or cause
bodily
injury
as a result
of your
DUI, it
is even
more important
that you
speak
with an
attorney.
Under
these
circumstances
you face
potentially
face even
greater
penalties
including
the possibility
of incarceration. |
4.
How can an attorney
help me with my
DUI case?
Surprisingly,
DUI's
pose many
complicated
legal
and scientific
issues.
It is
not always
as simple
as what
was your
blood
alcohol
at the
time you
took your
chemical
test.
In both
court
and at
the DMV,
an experienced
attorney
can raise
these
legal
issues
that may
provide
you a
defense
that could
lead to
an aquittal
or even
a dismissal
of your
case.
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