DUI

San Diego DUI Attorney

Being charged with the crime of Driving Under the Influence, also known as DUI, is a complicated situation that can have long-term effects on your life. A DUI conviction can lead to severe penalties that not only affect your freedom but also have lasting repercussions on your career and reputation. Having the best San Diego DUI defense lawyer at your side ensures that you have a fighting chance.

If you are charged with a DUI in San Diego, it does not mean you will automatically be convicted. There are many ways in which law enforcement or prosecutors can make mistakes, creating false charges or making evidence unusable. You have options and potential defenses, and it is important to exercise your right to legal representation.

An attorney is your greatest chance at avoiding a DUI conviction or limiting the significance of the criminal penalties. They can provide you with much-needed support during this stressful time.

Strong DUI Defense Backed by Experience & Results

At Lee Law Group DUI & Criminal Attorneys, we aggressively defend clients facing DUI and other criminal charges.

Attorney Ernest Lee has a proven track record of success, using his in-depth knowledge of California DUI laws and penalties to challenge evidence, protect your rights, and fight for the best possible outcome.

With years of courtroom experience, Attorney Lee knows what it takes to build a strong defense. Whether negotiating reduced penalties or winning cases in trial, his dedication ensures every client receives the highest level of legal representation.

For The Best DUI defense, Call Lee Law Group DUI & Criminal Attorneys!

It can be overwhelming to face a DUI arrest, and being charged with a DUI offense in California can be a life-altering event. One common question we hear is, “Is DUI a felony in California?” The answer depends on the circumstances—while most DUIs are charged as misdemeanors, certain factors such as multiple offenses, injury to another person, or a prior felony DUI can result in a felony charge. At Lee Law Group DUI & Criminal Attorneys, we specialize in providing comprehensive DUI defense services, effectively navigating the complex California legal landscape to protect your rights.

We will provide you with a well-crafted DUI defense based on evidence and facts that we have collected and analyzed. Our team takes the time to understand your situation and provide you with effective legal support.

We understand how stressful and upsetting it can be to face DUI faces, whether you made a mistake or have been wrongly accused. If you are involved in a DUI case, including alcohol and drug-related offenses, the dedicated San Diego DUI defense lawyers at Lee Law Group DUI & Criminal Attorneys are prepared to work hard for you!

We want to guide you through the stressful legal process and find the ideal solution. Our firm has over 20 years of combined experience with many complex and difficult criminal defense cases, including DUIs. Let us put our experience to work for you.

Call Lee Law Group DUI & Criminal Attorneys at (619) 975-2033 for a Free Consultation!

Why Choose Lee Law Group DUI & Criminal Attorneys?

Affordable Justice
Everyone deserves a powerful defense. We’re committed to making fierce, effective representation accessible and affordable.
Experienced and Unyielding
With 20 years of legal experience, we’ve honed the instincts, strategy, and grit needed to deliver results—even in the toughest situations.
Client-Centered Protection
When you hire us, you’re under our wing. We take on your burden, reduce your anxiety, and give you the strength of knowing someone has your back.
Strength with Compassion
We combine inner steel with heartfelt empathy. Our clients aren’t just cases—they’re people who deserve to feel protected, supported, and understood.
Relentless Advocacy
We fight for our clients with unshakable determination. Like a pitbull in the courtroom, we don’t back down—ever—until the judge says it’s over.

What To Do if I’m Pulled Over For a DUI

Protecting yourself starts from the moment you are pulled over by the police. The law enforcement officer will start collecting evidence when they suspect that you are driving under the influence. Your attitude and behavior will have a great impact on potential charges made against you.

Here is some advice for dealing with police officers if you have alcohol in your system.

Keep Calm and Remain Silent: Remember that you always have the right to remain silent. Politely refuse to answer any questions, as anything that you say may be used against you during the investigation.
Be Respectful: Being pulled over can be nerve-wracking, but know that this is a routine process for the police. Remember your rights and cooperate without putting yourself in precarious circumstances. Ensure that you are calm, respectful, and polite. If the officer does not treat you similarly, this is best handled by your legal representative.
Do Not Perform the Field Sobriety Tests: Respectfully decline to perform field sobriety tests. These include standardized tests like tracking eye movements, having the individual walk in a straight line and turn, or standing on one leg. The results of the test will only hurt your case. Sobriety tests are often unreliable even when you are sober, as nerves, uneven ground, fatigue, medical conditions, or disabilities can negatively impact the outcome
Blood or Breath Test at the Station: Unlike field sobriety tests, you should not refuse a blood or breath chemical test after you are placed under arrest or have been detained. Do NOT take the Pre-Alcohol screening test, i.e., the hand held breathalyzer unless you are under 21 years of age or are on DUI probation. In the state of California, you are required to take a breath test and/or a blood test if arrested for DUI due to the “Implied Consent” law, which took effect when you registered for a driver’s license. You should have a choice between a breath or blood test. Tests are typically taken at the station.

Moreover, blood tests should be administered by a technician and not by the police officer. Refusing these tests can result in immediate penalties and more significant consequences if you are convicted.

You may still be arrested if you follow these steps. However, you have already started protecting yourself, which allows our criminal lawyer in San Diego to protect you further.

Top-Rated Defense with a Personal Touch

Hear from Our Clients

“Highly Recommend!”
“Highly recommend! Lee Law Group came through for my family by providing the highest quality of service!”

Ezra F.
“Great Experience!”
“I had a great experience working with Lee Law Group. From the start, their team Lee, Bryan, Jeremy were professional, responsive, and knowledgeable.”

Oscar S.
“5-Stars!”
“I can’t thank Ernest Lee enough for their incredible work on my case. From the beginning, they were professional, knowledgeable, and truly dedicated to getting the best possible outcome for me.”

Brandi H.
“Extremely Professional!”
“I spoke with different attorney law offices but none were as professional as Lee Law Group. Attorney Lee actually took the time to talk with me personally over the phone.”

Angela A.
“Treat You Like Family!”
“God forbid I would ever need there services again but I would retain Mr. Lee and associates for life. You’re not just a client to them. (Apologies this post never posted, it’s a couple weeks late).
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Michael C.
“Godsend!”
“Mr. Lee was truly a godsend. From the moment I met him, he showed nothing but kindness, patience, and genuine care for me and my situation. He’s not just a brilliant defense lawyer—he’s someone who truly cares about his clients on a perso”

C D.
“The Best!”
“One thing I really liked about Bryan was him easing my mind when all I can think of was the worst. I definitely recommend Lee Law Group. Don’t drink and drive! It’s not worth it!”

Kevin G.
“Forever Grateful!”
“I'm super happy I found this firm as they were the right guys to hire for the job. Forever grateful to these guys.”

Nico E.

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California DUI Laws

Different states have different DUI laws. That means California has its own specific laws and regulations as well. You may be charged with DUI if your circumstances fall under the following conditions:

You are driving under 21 years old and consuming alcohol, cough syrup, or prescription drugs.
You are driving under 21 years old with a blood alcohol content (BAC) of .01 or higher.
You are driving under 21 years old with unsealed liquor, beer, or wine while alone.
You are driving under 21 years old with any level of BAC.
You are driving a commercial vehicle with a BAC of .04 or higher.
You are driving while intoxicated with a BAC of .08 or higher.
You are driving as a repeat DUI offender on probation with a BAC of .01 or higher.
You are refusing a blood alcohol content test.

Most do not know that you could be charged with two different crimes if arrested: DUI and Driving with Excessive BAC. These two charges can have serious consequences and are difficult to fight.

That is why you will need a strong legal representative who is experienced with handling DUI cases and can offer expert advice with each step. We are here to ensure that you get your life back as soon as possible.

Types Of DUI In California

In California, DUI offenses can be broadly categorized into three types:

DUI Alcohol: Driving under the influence of alcohol, typically measured by a blood alcohol content (BAC) of 0.08% or higher.
DUI Drugs: Operating a vehicle while under the influence of illegal drugs or prescription medications.
Aggravated DUI: DUI offenses involving additional factors such as high BAC levels, minor passengers, or prior DUI convictions within 10 years.

Types of DUI Penalties in San Diego

Whether it’s your first encounter with multiple DUI charges or a subsequent one, understanding the varying degrees of punishment for offenses is crucial for mounting an effective defense. There are various types of criminal DUI charges in San Diego. Moreover, each charge comes with specific penalties.

First Offense: A first-time DUI conviction can result in up to six months in jail, a $390 fine with penalty assessments and fees totaling up to $2000., and license suspension for six months. Mandatory installation of an ignition interlock device is also common.
Second Offense: A second DUI within 10 years escalates the penalties, potentially leading to a one-year jail sentence, a $390 fine plus penalty assessments and fees totaling up to $3000, and license suspension for two years.
Third Offense: A third DUI conviction within 10 years could result in a three-year license suspension, a $390 fine plus penalty assessments and fees totaling up to $5000, and a jail sentence of up to one year. A three to five-year probation period is also a possibility.

DUI, No Priors, VC 23152 (a) & VC 23152 (b)

The possible penalties for DUI with no priors are:

Fines of up to $2,000
Three to nine months of a DUI Program
One-Time Mother’s Against Drug Driving (MADD) and Victims Impact Panel (VIP)
Public Works Service (PWS), (Community Service) or the Traffic Litter Program if BAC is higher than .15
Suspension of driver’s license
Up to five years of probation
Criminal and bad driving records

DUI, Prior within 10 Years, VC 23152 (a) & VC 23152 (b)

Any conviction within the last 10 years is considered a “prior” DUI conviction. Possible fines are:

Fines of up to $2,635.00
At least 96 hours in custody depending on the facts of additional DUIs
DUI Program for 18 months
One-Time Mother’s Against Drug Driving (MADD) and Victims Impact Panel (VIP)
Suspension of your driver’s license
Public Works Service (PWS) (Community Service) or the Traffic Litter Program
Up to five years of probation
Criminal and bad driving records

DUI, Under Influence of Drugs, includes Prescription Drugs, VC 23152(f) or alcohol and Drugs No Priors, VC 23152(g)

The possible penalties for DUI of drugs are:

Fines of up to $2,000
DUI program for three months
Mother’s Against Drug Driving (MADD) and Victims Impact Panel (VIP)
Suspension of your driver’s license
Up to five years of probation
Criminal and bad driving records

Felony DUI, (DUI with Accident)

A felony DUI can occur in one of two ways. First, it could be a DUI where the DUI driver’s negligent act (apart from drinking) causes an injury to another person including a passenger in the DUI driver’s vehicle. Second, it can occur when a DUI driver has at least 3 priors within 10 years.

The possible penalties for Felony DUI of drugs are:

Fines of up to $3000
DUI program for up to eighteen months
Mother’s Against Drug Driving (MADD) and Victims Impact Panel (VIP)
Suspension of your driver’s license
Up to 5 years of formal probation with a probation officer.
Criminal and bad driving records
Additional felony penalties if applicable

Wet-Reckless, VC 23103 per VC 23103.5

A Wet-Reckless is a lesser included offense of a DUI, which is often a plea-bargained offense when the accused has a BAC of .08 or lower required under CA Vehicle Code 23152(b). The possible penalties are:

Fines of up to $,1200
DUI Program from 12 hours to three months
Mother’s Against Drug Driving (MADD) and Victims Impact Panel (VIP)
Up to one year of probation
Criminal and bad driving records

Dry (Regular) Reckless, VC 23103

A Dry-Reckless is a lesser included offense of a DUI, and it is often a plea-bargained offense when the accused has a BAC under .08 required for a DUI under CA Vehicle Code 23152(b). The possible penalties are:

Fines of up to $575
Up to one years of probation
Criminal and bad driving records

Drinking Alcohol in a Motor Vehicle, VC 23222(a)

The possible penalties for drinking alcohol in a motor vehicle are:

Fines of up to $100 for those 21 and older
Those 21 years old or younger should expect a $1000 fine and up to 6 months in jail.(VC 23224) & if vehicle is registered to a person under 21 years of age, it can be impounded for up to 30 days

DUI Watson Murder

A Watson Murder is charged if you have been convicted of a DUI in the past and then caused the death of another person in a subsequent DUI-related incident.

The possible penalties for a Watson Murder are:

Up to 15 years to life in state prison
Fines of up to $10,000.00
A “strike” on your criminal record (California’s Three Strikes Law)
Additional and consecutive three years added to the sentence if a surviving victim suffers great bodily injury (GBI)
Additional consecutive one year added to the sentence for each injured person (up to three years)

These penalties can affect you for the rest of your life, and the assistance of an attorney is essential.

How Does an Attorney Help With DUI Defense?

There are significant benefits to working with a DUI defense attorney. Even a first-offense DUI can result in jail time, significant fines, a suspended license, and a criminal record, which can negatively impact many future opportunities. When aggravated circumstances arise, like having a high BAC or causing an accident, the penalties are much more severe.

An attorney can help you avoid the harshest of these consequences. They can assist with your DUI defense in many ways, including:

Listening to your side of the story and determining if the right procedures were followed
Looking into your arrest and reviewing the evidence against you
Helping you understand your rights
Ensuring your rights were respected and due process was followed
Reviewing the capacities of the arresting officer and their background
Representing you in your DMV hearing and criminal hearing
Finding the right defense for your unique circumstances
Informing you of your defense and plea deal options and helping you make an informed decision about how to proceed

If you were pulled over without reasonable suspicion, evidence gathered at the scene may be inadmissible. Your attorney can file a motion, which may enable the entire case against you to be dropped. Every DUI defense case is unique and requires a personalized approach.

Comprehensive Criminal Defense for San Diego Residents

Lee Law Group DUI & Criminal Attorneys is your comprehensive San Diego criminal defense law firm that can provide you with legal support. With decades of proven results, satisfied clients, and unwavering dedication, there is no better option for you. Do not trust the half-priced lawyers you see on billboards – go with our Super Lawyers for the Best Defense!

DUI charges, violent crime charges, juvenile crimes, sex-related crimes, white collar crimes, theft, and other felony charges are no big tasks for the San Diego criminal defense lawyers at Lee Law Group DUI & Criminal Attorneys. Our experience, drive, and commitment will get the best possible results for you. Get in touch with our criminal defense legal experts today to get your life back on track.

Potential Defenses in a DUI Case

There are many possible defenses against a DUI charge, but the most useful will be dependent on your unique circumstances and the facts of your arrest. Some potential defenses include:

Improper Traffic Stop: The officer who arrested you for a DUI must have had probable cause to pull you over. This may mean you were driving erratically or broke traffic laws. If these reasons for pulling you over didn’t exist, the evidence gathered at the stop may be inadmissible.
Rising Blood Alcohol Concentration (BAC): In some cases, you were driving after drinking but were not impaired. The rising BAC defense claims that you would have arrived at your destination prior to being impaired had you not been stopped. This defense works well when a significant amount of time elapses between when you were driving your vehicle and taking the chemical test after arrest.
Inaccurate Tests: Field sobriety tests and chemical tests can be improperly administered or incorrectly calibrated. This can result in false or inaccurate readings.

Contact Lee Law Group DUI & Criminal Attorneys Today!

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