DUI Lawyer San Diego. San Diego DUI charges are very serious. You're not just facing the loss of your license; criminal charges can result in prison, fines, and additional harsh penalties. Declining a breathalyzer or blood test on its own can result in charges, and by declining, you could face even harsher penalties. And DUIs involving drugs are treated differently than those involving alcohol.
If you find yourself in this situation, you don't want to be alone. Trying to fight against the prosecution is a fight you want backup for, which is why the Law Offices of David S. Chesley is here to fight for your rights.
We are CA's leading DUI defense lawyers and have extensive experience defending against all types of DUI charges. When you work with us, you're getting a team of former prosecutors who know how to navigate the San Diego, CA, court system and find the best result for your case.
Take too long to start your defense, and you could miss your chance. Get a hold of us anytime, day or night, at (800) 755-5174 or send us a note online to start preparing your defense strategy today.
What Happens After a DUI Arrest in San Diego?
CA DUI Law allows an officer to arrest you without a BAC level over the limit, or if you don't blow at all. This is because the officer can make a subjective judgment about whether you are impaired or not, likely utilizing field sobriety tests, then arrest you based on the results.
Right after your arrest, the CA legal system starts moving towards both a license suspension and criminal charges. Here's the typical process for a DUI case to make its way through the system:
- Suspension: Your license suspension can start the minute the officer arrests you – on the spot, you will be given a 30-day, temporary license, and your permanent license will be confiscated by the officer. In the meantime, the police are informing the DMV about the arrest, beginning the formal suspension.
- Arraignment: After your arrest and before your release, you will be brought before a judge, and a prosecutor will announce what charges you're up against.
- DMV Hearing: As soon as you're released from jail, you'll need to set up an administrative hearing with the DMV within 10 days to fight the suspension.
- Pretrial Motions: You'll likely be given bail or released on your own recognizance. In the meantime, your San Diego DUI defense attorney will file motions to strengthen your defense, such as ones to suppress evidence, and a "blood split" motion to have an independent lab examine your blood sample.
- Negotiations With the Prosecutor: In the midst of pretrial motions, your DUI defense attorney will work directly with the San Diego prosecutor to try and secure a favorable deal before a trial. But if the case goes to trial, your attorney should be building a defense now.
- Criminal Trial: Your case probably will not go to trial, but just in case it does, our team always crafts a trial-ready defense.
- Sentencing/Sealing: Depending on how your case turns out, you may face some form of sentence. However, if you are found not guilty or enough time has passed, it's possible that your record will be eligible for sealing.
Our DUI legal experts can help you out, no matter where you are in the process, on both the criminal defense and license side. For advice on any stage with your charges, we have the experience to help you move towards a positive outcome!
San Diego DUI: Fighting Criminal Cases vs. DMV Hearings
San Diego, CA, DUI charges are always a two-pronged challenge: The criminal case and the DMV case. Different CA organizations cover each of these aspects, but when you hire the right attorney, they can defend you in both cases.
Here are things to watch out for with both cases, and how we fight to protect your liberty and ability to drive:
San Diego, CA, DUI Criminal Charges
Allegedly violating DUI laws will result in criminal charges, which will involve legal proceedings in CA court.
Your DUI case will typically go through the same process as any other criminal charge – after an arrest, you're formally charged in an arraignment, go through pretrial motions/negotiations, and can eventually go to trial.
At the Law Offices of David S. Chesley, we protect your rights and fight against the supposed wrongdoing. We'll challenge the legitimacy of the traffic stop, poke holes in the subjective analysis of the officer, look for weaknesses in the breathalyzer test, and see if there's anything the police missed that can exonerate you.
With our defense strategies, we are almost always successful at protecting our clients from jail time. In many cases, we'll get the prosecutor to reduce the charges, frequently to a wet reckless, exhibition of speed, or reckless driving charge. We'll alsowork out probation over jail or prison time.
San Diego, CA, DUI License Suspension
While your San Diego criminal charges may be top of mind, don't forget about the DMV and your license suspension. This suspension is automatically applied, and if you want to fight it, you'll need to request an administrative hearing within ten days of your arrest.
When you go through the DMV hearing, your criminal charges may not be a major focus. In fact, even if you receive a "not guilty" verdict, you can still lose your license. Instead, the hearing is to determine if you were rightfully arrested, if your BAC was at or above 0.08, the legal limit, or, if you refused to alcohol tests, whether or not you were properly informed of the consequences. At the Law Offices of David S. Chesley, we'll fight the legitimacy of the stop, the arrest, and the BAC reading.
If it's been more than ten days after your arrest, though, there probably isn't a way to get your license unsuspended. Outside of rare cases, you don't get a second chance to set up that hearing. This is why it's crucial to contact a San Diego DUI defense lawyer immediately after being arrested.
San Diego DUI Sentences and Consequences
CA DUI criminal penalties are intimidating – while many are considered misdemeanors, they can still result in up to a year in jail, or six months for a first offense.
Below, we've listed the different penalties you could be facing, depending on how exactly your charged and your history:
| Alleged DUI Offense | Jail/Prison Time | Fine |
|---|---|---|
| First Time DUI | 48 Hours to 6 Months | Up to $1,000 |
| Second Time DUI | 96 Hours to 1 Year | Up to $1,000 |
| Third Time DUI | 120 Days to 1 Year | Up to $1,000 |
| Fourth Time DUI (Felony) | 16 Months to 3 Years | Up to $1,000 |
| DUI Injury (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Injury (Felony) | Up to 4 Years | Up to $5,000 |
| DUI Manslaughter (Misdemeanor) | Up to 1 Year | Up to $1,000 |
| DUI Manslaughter (Felony) | 4, 6 or 10 Years | Up to $10,000 |
On top of whatever sentence you receive in San Diego court, you have to endure several collateral consequences, such as increased insurance premiums and roadblocks when applying for professional licenses.
After the Case: Expungement/Sealing
After the case, regardless of the outcome, you'll probably be looking to move on as soon as possible. You'll find, though, that your arrest and/or criminal record keeps coming up and getting in your way. Depending on your case outcome, it might be possible to either expunge or seal your records. Our DUI defense team can also assist you with sealing/expunging records, and give you an opportunity to clean your record.
How to Pick the Right DUI Defense Lawyer
No matter what DUI alleges you've been charged with, it's critical to pick the right lawyer to fight for you. Your team needs the expertise, experience, and ties to secure a positive outcome for your case. The top San Diego, CA, DUI defense attorneys will have all of the following:
- Experience: If it's both for and against the state, even better. At the Law Offices of David S. Chesley, our team includes former judges, prosecutors, and law enforcement, totalling more than 50 years of experience.
- Availability: Because alleged DUIs can happen outside of the 9-to-5. Our phones are ready for your call 24/7.
- Relationships: Relationships are key in negotiating strong plea bargains. We have experience working with the prosecutors in San Diego and all throughout CA.
- Reputation: Both in the community and in the legal sphere. The Law Offices of David S. Chesley is proud to have received top ratings from several legal evaluators and to be recognized as the top DUI lawyer in CA.
- Track Record of Success: Winners win. It's as simple as that. And we win, a lot. In fact, 95% of our DUI cases result in no jail time.
Our recent DUI Case results speak for themselves. And we'd be proud to represent you as well.
DUI Case Types We Defend Against in San Diego
Whatever DUI charge you're up against in San Diego, CA – our DUI defense team is prepared to battle against the charges.
Here is a list of the DUI charges we regularly defend:
- Boating Under the Influence
- Breathalyzer Test
- Commercial Driver CDL DUI
- Disorderly Conduct
- Disturbing the Peace
- DMV Hearing Defense
- Driving with a Suspended License
- Driving Without a License
- Drug DUI
- Drunk in Public
- DUI Alcohol
- DUI and Professional Licenses in California
- DUI Causing Injury
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Expungement in California
- DUI Immigration Consequences
- DUI Probation Violation
- DUI Marijuana
- DUI Prescription Drugs
- DUI Refusal Cases
- DUI Penalties
- Evasion
- Exhibition of Speed
- Felony DUI
- Field Sobriety Tests
- First-Time DUI
- Fourth DUI Felony Escalation
- Hit and Run
- Hit and Run DUI
- Hit and Run with Injury or Death
- Ignition Interlock Device Violations
- Out-of-State DUI
- Public Intoxication
- Reckless Driving
- Street Racing
- Second Time DUI
- Third DUI California
- Underage DUI
- Watson Murder / DUI Murder
- Wet Reckless
Start Your Defense Today – Contact Our San Diego DUI Defense Lawyers TODAY
When you're up against San Diego DUI charges, things move pretty fast. Your license disappears, there could be interrogations, you're told you have a court date…it's easy to feel stressed out. And that's why it's all the more important to call a DUI defense attorney right away.
Don't sit by and watch the evidence mount against you. Don't miss your chance for a DMV administrative hearing to protect your license. Don't wait and realize that it's suddenly too late. Hire the Law Offices of David S. Chesley to defend you.
We're experts at defending all San Diego, CA DUI charges. We're prepared to start building your defense right now and will start safeguarding your license and your freedom right away. Talk with one of us now at (800) 755-5174 or tell us about your case online for a free, confidential consultation.
We also provide the following legal services in San Diego, CA:
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