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Mistakes happen, however if you’re pulled over for drinking and driving, more than just your license is at stake; you could also face jail time. In California, a DUI can lead to serious penalties that impact your life and freedom. As experienced San Diego DUI lawyers, we understand how overwhelming this process can be and the importance of quick, strategic action.
Elite Criminal Defense is here to help. Our DUI attorneys can help you build a strong defense strategy to fight the DUI charge you’re dealing with. Don’t wait to reach out — acting quickly to gather evidence can make a big difference in your case.
Ready to take action? Contact our team of San Diego DUI lawyers for help fighting your charge and potentially reducing the penalties you may face.
What Is Driving Under the Influence?
The term driving under the influence refers to the act of driving while experiencing the intoxicating effects of alcohol or drugs. When the alcohol or drugs in your system impact your driving ability, California law states that you should not be on the road. San Diego DUI lawyers often reference these laws when building a defense for clients facing charges.
More specifically,
Examples of Driving Under the Influence
Below are a few examples of driving under the influence in California:
- You had a few too many drinks at a party and left as the alcohol was hitting your system. You were pulled over for weaving in and out of lanes and had a BAC of 0.10 percent — above the legal limit. In cases like this, an experienced San Diego DUI lawyer can help assess whether the stop, testing procedures, or other factors can be challenged in your defense.
- You are on a new medication, and that medication has had a severe impact on your ability to drive. A police officer catches you running on and off the road and pulls you over. Even if the substance is prescribed, you can still face DUI charges. A skilled San Diego DUI lawyer can help argue that you had no reasonable way of knowing how the medication would affect you.
- You took a stimulant or depressant, which is affecting your system, making driving difficult. You are pulled over and charged with DUI. Whether legal or illegal, any substance that impairs your ability to drive could lead to criminal charges — but a San Diego DUI lawyer can work to reduce or fight those charges based on your unique circumstances.
California Penalties for VC 23152(a)
and 23152(b)
If you are facing a DUI, your penalties may vary depending on the number
of prior offenses on your record.
First Offense
You may face a misdemeanor charge if this is your first time charged with a DUI. It’s important to consult with a DUI lawyer to understand your options and the potential impact of the charges on your record. These charges may come with the following penalties:
- 96 hours to six months in county jail
- Fines of up to $2,000
- Up to five years of summary probation
- License suspension for six months
Second Offense
If you already have a DUI on your record within the past 10 years, avoiding the penalties and protecting your license can be harder. Below are the penalties you may face for a second DUI conviction in California:
- 96 hours to 364 days in county jail
- Fines up to $2,000
- Up to five years of summary probation
- License suspension for two years
Third Offense
Multiple DUI convictions on your record can lead to harsher penalties, especially if you have been labeled a habitual traffic offender. A skilled San Diego DUI lawyer can help you explore potential defenses or alternatives to minimize the impact of these charges and penalties.
You may face the following penalties for a third DUI conviction in the past 10 years:
- 120 to 364 days in county jail
- Up to $2,000 in fines
- Five years of summary probation
- Habitual traffic offender designation
- License suspension for three years
Fourth and Subsequent Offenses
For fourth DUI convictions (and more) in the past decade, you may face the following penalties under California law:
- Five years of summary probation
- Up to $2,000 in fines
- 180 to 364 days in county jail
- Habitual traffic offender designation
- License suspension for four years
A seasoned San Diego DUI lawyer can help you explore potential alternatives, challenge the evidence, or work toward reducing these penalties — especially if there are mitigating factors in your case.
What Are the Defenses for Driving Under The Influence?
Once you know the penalties you may face for a DUI, it is important to focus on how to avoid them. The specifics of your case often define these defenses — and this is where working with an experienced San Diego DUI attorney can make all the difference.
However, there are some common defenses that often apply to DUI cases in California. While each case warrants a uniquely tailored defense, the basic DUI defenses below may serve as a starting point to crafting your own defense.
Your Driving Was Not Affected by Alcohol
While you may have failed a field sobriety test, you may argue that your driving was not significantly impacted by alcohol or drugs. Your DUI lawyer can help present evidence that challenges the assumption that impairment was due to intoxication.
That could mean that you didn’t have alcohol or drugs in your system. Or it could mean that something else — other than alcohol or drugs in your system — was what affected your driving.
For example, perhaps you did have a beer or two before driving home from the bar. But you weren’t swerving due to intoxication — you were swerving to avoid another vehicle that was coming into your lane.
Our San Diego DUI attorneys can help you determine how to go about proving such a defense if it applies to your case.
Field Sobriety Tests Are Poor Tools to Measure Alcohol Impairment
Like humans, all tools are fallible. Field sobriety tests, from reciting the alphabet backward to Breathalyzer tests, must be calibrated, and the people using them must be trained properly.
Your DUI attorney may question whether the tools used to test your sobriety were working properly, properly inspected, or operated by people who have been properly trained.
If it turns out that there was some issue with the tools used in your field sobriety test, the results of the test may no longer apply to your case in the same way, severely weakening the case against you. An experienced San Diego DUI lawyer can help identify these issues and build a strong defense on your behalf.
The Police Failed to Follow Proper Procedures
The police can’t just do whatever they want. They have to follow extremely specific protocols when investigating a possible crime, questioning you, searching you or your vehicle, arresting you, and handling the evidence against you.
And any misstep in these protocols may be cause to question the entire case against you.
DUI lawyers are trained to identify these missteps and use them to fight DUI charges. A skilled San Diego DUI lawyer can analyze every detail of your arrest to determine whether your rights were violated. Speak with a seasoned attorney about whether this defense might apply to your case.
Seek a DUI Defense Attorney
Being charged with driving under the influence in California can seriously affect your life. Losing your driving privileges makes it hard to work, attend school, or even handle daily tasks. And you might even face time behind bars and severe fines, among other legal penalties.
But you don’t have to just accept the charges and your fate; you can fight to keep your license, stay out of jail, and avoid high fines..
At Elite Criminal Defense, we know how challenging it is to build a strong DUI defense under VC 23152(a)(b). That’s why our trusted San Diego DUI attorneys are ready to help you fight your charges.
When you’re ready to talk about your defense plan, contact us for a consultation. You can reach us at 619-642-2310 or fill out our online contact form.
DUI Defense FAQ
The days, weeks, and months after you get a DUI in California can be confusing. The team at Elite Criminal Defense understands that you’re probably filled with questions and extremely concerned about your future.
We’re here to help. You can always give us a call to schedule a consultation to discuss your case, but in the meantime, check out the answers to some frequently asked questions about DUI charges below. A San Diego DUI lawyer from our team can provide clarity and guide you through the process with confidence.
Can I get probation instead of jail?
Probation is sometimes offered to those who may otherwise face some time behind bars. However, keep in mind that probation agreements follow strict rules, and any mistakes can lead to you facing harsh punishments, sometimes including your original sentence.
A qualified San Diego DUI attorney can help you understand whether probation may be an option in your particular DUI case.
Will I lose my driver’s license?
In most cases, your driver’s license is not gone forever if you are convicted of a DUI. It may be suspended for months or even a year, depending on how many convictions you have on your record.
However, there are cases where your license may be revoked. Multiple offenses or aggravating factors can lead to a higher severity of your charges and revocation of your driving privileges. A qualified San Diego DUI attorney can help you understand whether probation may be an option in your particular DUI case.
Will my auto insurance rates go up?
Your auto insurance rates are likely to skyrocket if you are convicted of a DUI and the insurance company knows about it. But if the DUI you’re charged with (and ultimately convicted of) didn’t involve an auto accident, you may not be required to tell your insurer about the DUI.
If the insurance company does find out about a DUI on your record, they are likely to increase your rates significantly. And those higher premiums can last for years.
Speak with your DUI lawyer about your obligations (or lack thereof) to notify your insurance company following a DUI charge or conviction.
Can a first-time DUI be dismissed in California?
Yes, a first-time DUI charge in California may be dismissed, though it’s not guaranteed. Dismissal often hinges on identifying procedural errors such as:
- Improper traffic stop,
- Faulty BAC test results,
- Missing probable cause.
Statistically, about 1 in 3 first-time DUI charges do not result in a conviction, so an experienced DUI attorney can be crucial for dismissal or reductions.
What wins or reductions are possible in a first-time DUI case in San Diego?
In a first-time DUI case, possible favorable outcomes include:
- Reduction to wet reckless, which carries lighter penalties and fewer long-term impacts,
- No jail time and informal probation,
- Avoiding mandatory ignition interlock device (IID) through early DMV hearings,
- Completion of DUI school as an alternative to harsher sentencing.
These outcomes can significantly reduce the legal and personal impact of a DUI case in San Diego.
Are there immigration consequences?
Often, immigrants who are convicted of certain crimes face an additional possible penalty — deportation.
However, misdemeanor DUIs do not typically trigger deportation proceedings in most cases. Still, it’s crucial to speak with an experienced criminal defense attorney or DUI lawyer if you are an immigrant who has been charged with any type of crime and are concerned about your immigration status. The right legal guidance can help you protect both your record and your future in the U.S.
Can the criminal record be expunged?
Expungement is the removal of an offense from your record. In California, individuals who have completed probation for a misdemeanor DUI are often eligible to seek expungement.
If your expungement is successful, employers generally won’t be able to use your prior DUI against you when evaluating you for hire or promotion. A knowledgeable DUI lawyer can guide you through the expungement process and help ensure your petition is properly filed.
However, if you’re charged with another DUI within a decade of your now-expunged DUI, the expunged offense will still count as a prior. This means you could face harsher penalties for the second DUI charge.
How does a DUI affect professional licenses?
If you hold a professional license of some sort, a DUI can have profound effects on your career. You may be required to report your DUI conviction to a licensing board in your industry. And the conviction could lead to the suspension or revocation of your license.
Of course, that means you can’t work in your field either temporarily or permanently. That’s your livelihood at stake. Don’t risk your livelihood — reach out to an experienced San Diego DUI attorney to discuss the potential professional implications of a California DUI and how to avoid them.
How much does a lawyer cost for a DUI in San Diego?
Our San Diego DUI lawyers at Elite Criminal Defense charge a flat fee based on your case, not hourly billing. Your fee is tailored to your specific DUI—considering factors like BAC level, past record, and case complexity—and remains fixed once you retain us. This transparent pricing ensures no hidden costs or surprise bills.
Is it worth getting a lawyer for a DUI in California?
Yes, having a lawyer is highly valuable in DUI cases. DUI defense involves both criminal proceedings and DMV actions. Skilled counsel can:
- Challenge the legality of your traffic stop or chemical test,
- Represent you at DMV hearings to avoid automatic license suspension,
- Negotiate charge reductions (e.g. to wet reckless) or diversion programs,
- Help preserve your driving privileges, lower fines, and avoid jail time,
making legal representation often well worth the investment.
If I refused the breathalyzer or blood test, what are the consequences at the DMV and in court?
Refusing post-arrest testing triggers separate penalties, including:
- Mandatory DMV license suspension: 1 year for a first-time refusal, 2-years for a second, or 3 years for a third within 10 years;
- Criminal DUI ramifications: additional jail time (typically 48 hours for a first refusal), longer DUI school, and harsher sentencing guidelines.
Even if DUI charges are dropped, refusal consequences at the DMV remain.
How will a DUI in San Diego affect my professional license, immigration status, or job prospects?
A DUI conviction in San Diego can have serious collateral consequences, including:
- Disciplinary action from professional licensing boards (e.g. healthcare, real estate, legal),
- Immigration risks, such as denial of naturalization or deportation for crimes of moral turpitude,
- Negative impacts on employment and housing due to a criminal record and increased insurance rates.
Even a first-time misdemeanor DUI may present long-term hurdles beyond immediate penalties.
Elite Criminal Defense – San Diego Office
Address: 8880 Rio San Diego Dr # 800
San Diego, CA 92108
Phone: 619-771-0769
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