San Diego DUI Attorney

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.

Understanding the DUI Process: What to Expect

Facing a DUI charge can be overwhelming, especially if you're unsure of what happens next. At Lee Law Group, we believe in empowering our clients with knowledge about the DUI process. Here's a brief overview of what to expect when you are charged with DUI in San Diego:

• Arrest and Booking: Once arrested, you will be taken to a local police station for booking, where your personal information and fingerprints will be taken.
• Initial Court Appearance: You will have an initial court appearance, often referred to as an arraignment, where the charges will be formally presented to you.
• Pre-Trial Hearing: Your attorney will work on your behalf to negotiate potential plea deals or to prepare for trial, arguing on your behalf for any evidence that may exonerate you.
• Trial: If a plea deal is not reached, your case will go to trial, where both the prosecution and defense will present their arguments. An experienced DUI attorney is crucial during this phase.
• Sentencing: If convicted, sentencing may include fines, community service, probation, or even jail time. Your attorney will advocate for the most lenient sentencing possible.

Understanding these steps can help reduce anxiety and prepare you for the road ahead. With Lee Law Group by your side, you’ll have expert guidance at every stage of the process, ensuring you comprehend your legal options and rights. Reach out to us for a free consultation to discuss your case and how we can assist you.

Your Rights and What to Expect During a DUI Charge

Facing a DUI charge can be overwhelming, but understanding your rights and the legal process can help you navigate this challenging situation with confidence. At Lee Law Group, we emphasize the importance of being informed about your legal rights, which can include:

• The right to remain silent: You are not obligated to answer police questions without your attorney present. This is crucial to protect your interests.
• The right to legal representation: You have the right to hire an attorney who can advocate on your behalf, ensuring that your case is handled fairly.
• The right to a fair trial: Every defendant is entitled to a trial by jury, providing you with the opportunity to contest the charges against you.

In addition to knowing your rights, it’s essential to understand the steps following a DUI arrest. Typically, the process includes:

1. Booking and fingerprinting at the police station.
2. Initial court appearances where you can plead your case.
3. Potential negotiations for plea deals with the prosecution.

Our team at Lee Law Group is committed to helping you through each step, ensuring that you are well-informed and adequately prepared for your case. We believe that a strong defense starts with education, so don't hesitate to reach out to us for guidance on what lies ahead.