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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
- Tiller, Ahren:
(a) 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.
(b) 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.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program.
- Fransisco Sanchez:
What should I do if I am arrested?
Immediately invoke your right to an attorney. Politely refuse to answer any questions until you have a lawyer to assist you. Do not answer any questions or attempt to give your side of the story. Anything you say will be used in the case against you and will not serve to help you. Your attorney is better at negotiating with the police than you are, what he says can't be used against you. Further, your attorney can turn meaningless "promises by the police" into binding legal agreements with the prosecutor, perhaps obtaining immunity for you.
If the police don't read my rights, can my case be dismissed?
No, not necessarily. We have all heard the "rights" being read to many suspects on television and in the movies, and this has caused some confusion. The police officer does not have to read anybody their "rights" unless that officer intends to obtain a statement or confession from a suspect. If the officer does not want to record what you have to say and use it against you, he does not have to read you your rights.
However, if the officer wants to ask you some questions other than your name and address, he must advise you that you don't have to answer his questions, that if you do, anything you say can be used against you and that you have a right to a lawyer before you answer any questions. It is amazing how many people will answer the officer's questions in some vain attempt to cooperate which gives their defense attorney headaches trying to defend the case later on.
- San Diego County DUI Law Center: If you are arrested for Drunk Driving or Driving Under the Influence, you probably need to save your driver's license.
- David
Semco: You can fight a DUI and a license suspension. If you are in the
right you can win if your lawyer is prepared. A mere failure of proof
by the prosecutor may hand you the verdict. In case of doubt, you get
the benefit of it, not the prosecution.
- Phillip
Sokol: This is a serious offense. You are being prosecuted by the
government for committing a crime. They have extensive resources and
excellent, experienced prosecutors who are trying to convict you.
- Franciso Sanchez Jr.:
What should I do if I am arrested?
Immediately invoke your right to an attorney. Politely refuse to answer
any questions until you have a lawyer to assist you. Do not answer any
questions or attempt to give your side of the story. Anything you say
will be used in the case against you and will not serve to help you.
Your attorney is better at negotiating with the police than you are,
what he says can't be used against you. Further, your attorney can turn
meaningless "promises by the police" into binding legal agreements with
the prosecutor, perhaps obtaining immunity for you.
If the police don't read my rights, can my case be dismissed?
No, not necessarily. We have all heard the "rights" being read to many
suspects on television and in the movies, and this has caused some
confusion. The police officer does not have to read anybody their
"rights" unless that officer intends to obtain a statement or
confession from a suspect. If the officer does not want to record what
you have to say and use it against you, he does not have to read you
your rights.
However, if the officer wants to ask you some questions other than your
name and address, he must advise you that you don't have to answer his
questions, that if you do, anything you say can be used against you and
that you have a right to a lawyer before you answer any questions. It
is amazing how many people will answer the officer's questions in some
vain attempt to cooperate which gives their defense attorney headaches
trying to defend the case later on.
Can the police ever search me without a warrant?
Yes. There are numerous circumstances under which a search may lawfully
be made without a warrant. Some general areas of exception where a
search can be made without a warrant are:
* If the safety of the police officer is involved;
* Whether the police are in hot pursuit of a criminal;
* When they see illegal evidence in plain view;
* If they are engaged in temporary questioning;
* If a person consents to being searched; and/or
* If they have made a lawful arrest.
-
Mark Spencer:
As outlined in the California Vehicle code, 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.
- To drink any alcoholic beverage in a motor vehicle upon a public roadway.
- 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.
BAC (Blood Alcohol Content)
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.
If
you are arrested for 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. A 30-day temporary
permit will be issued by the Department of Motor Vehicles to allow for
administrative review and appeal, then your license will be suspended
for four months. If you refuse to take a test, your license will be
suspended for one year.
Convictions
On
your first conviction you will be fined $390 to $1,000 and could serve
96 hours to six months in jail with three to five years of probation.
On
your second conviction you will have the same fines as a first
conviction; however, the term of imprisonment will be at least 90 days
to one year.
A third conviction in seven years can lead to a prison term of two to four years, plus additional fines.
Your fourth conviction is an automatic felony.
Out-of-state convictions are considered prior convictions in California .
Additional Penalties
Upon a DUI conviction;
If
you were driving in a reckless manner and exceeding the maximum speed
limit by 30 mph on a highway, or 20 mph on any the roadway, an
additional 60-day penalty enhancement will be added to your sentence.
If
there is a minor child under the age of 14 in the vehicle at the time
of arrest, penalties will be enhanced up to 90 days for DUI. The driver
with a minor child under the age of 14 may also be convicted of child
endangerment.
- Samuel Spital:
If you are arrested for DUI, you will be prosecuted by two agencies,
the City Attorney/District Attorney and the Department of Motor
Vehicles. Each handles their matters differently. The criminal justice
system is a complicated system and the consequences of a DUI are
severe. If this is your first offense, the minimum sentence is 3 years
probation on condition: (1) you pay $390 fine plus penalty assessment
plus fees. Penalty assessment is the state tax of 200%. Depending on
the jurisdiction, the fine totals $1200 to $1500. (2) you receive a
90-day license restriction or 48 hours in jail. (3) you attend a 90-day
alcohol program, once a week for 90 days. Not all jurisdictions allow a
restricted license instead of a mandatory period in jail. Some Courts
require Formal Probation, while most courts require Summary Probation
(without a probation officer). You may end up in jail for a maximum of
6 months on a first offense and 1 year for a second or third offense.
While jail time is more unusual than in most first offenses, no one can
promise you anything without knowing the facts.
- Kerry Steigerwalt:
Driving under the influence, referred to as, "drunk driving," describes
operating a motor vehicle while one's blood alcohol content is above
the legal limit set by California statute, which supposedly is the
level at which a person cannot drive safely. State statutes vary as to
what that level is, but it ranges from .08 to .10 for adults, which
means a 8/100ths to one-tenth of one percent by weight of alcohol to
the weight of blood. This is translated into grams of alcohol per 100
milliliters of blood in tests of blood or urine sample, or grams of
alcohol per 210 liters of air in a "breathalyzer" test. A combination
of the use of alcohol and narcotics can also be "under the influence"
based on erratic driving. Driving on private property such as a parking
lot is no drunk driving defense, but sitting in a non-moving vehicle
without the ignition on probably is (sometimes resulting in a charge of
"drunk in and about a vehicle"). This is a misdemeanor and is variously
referred to as DUI, driving while intoxicated (DWI), drunk driving, or
a "deuce".
- Brian White:
In California you are prosecuted twice for Driving Under the Influence
(“DUI” or “DWI”): once by the court and once by the Department of Motor
Vehicles (“DMV”). The court will seek a conviction; the DMV will
try to take your license–even if your license was issued by a state
other than California. You must therefore mount your defense on
two fronts. To preserve your license YOU MUST REQUEST A HEARING WITH
THE DMV WITHIN 10 DAYS FROM THE DATE OF YOUR ARREST. If you fail
to make the request your license will be suspended from 4 months to 3
years, depending on your circumstances. At the DMV hearing,
called an Administrative Per Se hearing, or “APS” hearing, the DMV must
prove three things: (1) That the officer had reasonable cause to
believe that you were driving under the influence; (2) that you were
lawfully arrested; and (3) that your blood alcohol content was 0.08% or
more (0.01% if you are under 21) at the time of driving. APS
hearings often involve highly technical issues, but can be won even if
your blood alcohol level exceeded the legal limit. In addition to
fighting the DMV, you must also fight your DUI case in court. A
DUI conviction can result in a fine, a DUI offender’s program, a
license suspension, and possible jail time. In addition, a DUI
conviction will result in increased automobile insurance
premiums. It is therefore critical that your case be handled by
an attorney who will aggressively examine all possible defenses
available to you.
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