Brought to you by Colorado DUI Drunk Driving Defense

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

1. Superior Law Center: Breath or blood test results, field sobriety test performance and the officer's observations, as well as any other physical evidence or witness testimony, may be used against a defendant at his or her DMV hearing and in criminal court in the face of DUI (driving under the influence) charges. These may seem like a lot to contend with, but there are actually numerous ways an attorney can build an effective DUI defense strategy even in the presence of the most condemning evidence. Part of this is due to the strict procedure law enforcement must follow in performing chemical tests and field sobriety tests, as well as in ensuring the defendant's constitutional rights are not violated. An experienced lawyer will know what to look for in the terms of mistakes and rights violations, and can use this to benefit the defendant in a number of ways, such as by filing a motion to suppress evidence or negotiating with the prosecuting attorney to help the defendant face lesser charges or alternative sentencing. Following are some examples of factors which may be used to build an effective DUI defense: * Law enforcement did not inform the defendant of the consequences of refusing a breath test * Law enforcement did not have probable cause to pull the defendant over in the first place * The breath test or blood test was administered improperly * The breath testing device was not properly calibrated * The blood sample was mishandled * Field sobriety tests were administered improperly Those are just a few examples of what can be used to benefit a defendant facing San Diego DUI charges. Depending on the case, there may be any of a combination of these that can be utilized to help a defendant avoid a conviction altogether.
2. Sohovich, Christopher: For minor DUI offenses, usually misdemeanors, the matter can often be resolved simply. However, for individuals convicted of second or third offenses, or of causing an accident with injuries, the penalties are more severe. Additionally, the higher the blood alcohol content (BAC) also results in more severe penalties. Involving a San Diego DUI lawyer is important, no matter the particular circumstances of your case and regardless of whether you have prior convictions on your record. Even when your case seems helpless, there are viable defenses which may be used to help you avoid a conviction and therefore serious penalties. Penalties for Drunk Driving Offenses A sentence for a San Diego DUI conviction may results in mandatory jail time, particularly if the driver was severely speeding, had a BAC above .15%, was carrying a passenger 14 years of age or younger, or was involved in an accident. A first offense will commonly result in loss of license for four months or more, fines and court costs up to $1,500, and possibly community service.
3. 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.
4. 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.
5. 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.
6. 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".
7. White, Brian: In California you are prosecuted twice for Driving Under the Influence (ÒDUIÓ or ÒDWIÓ): once by the court and once by the Department of Motor Vehicles (ÒDMVÓ).  The court will seek a conviction; the DMV will try to take your licenseÐeven 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 ÒAPSÓ 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 offenderÕs 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.