Information about San Diego’s drink driving laws that will help you gain a better understanding of what has already happened and what to do next in your DUI case. This knowledge alongside a qualified San Diego DUI lawyer will help you to conduct a strong and relevant defense of the charges made against you.
Underage Drinking and Driving
San Diego has a zero tolerance policy for underage drinking and driving. Drivers under 21 that have more than 0.01% Blood Alcohol Content, BAC, are charged with DUI, as opposed to adults whose legal BAC limit is 0.08%. Minors must also submit to field sobriety tests if so instructed by the arresting officer.
San Diego Boating DUI/BUI
Boating under the influence of alcohol or drugs, BUI, on any San Diego waterway carries similar consequences and penalties as driving a car under the influence, DUI. These include fines, possible jail time, having to attend BUI programs and loss of driving privileges.
Field Sobriety Tests
Descriptions of the most common roadside sobriety tests that arresting officers may ask you to perform at the scene of your DUI stop, and advice on your legal right to refuse to participate in any of these tests.
Implied Consent Law
Under California’s implied consent law you must submit to a chemical blood, breath or urine test at the police station after you have been arrested for DUI. Failure to do so is a DUI enhancement resulting in an automatic drivers license suspension of at least 1 year.
Cost Recovery Program
Drunk drivers in San Diego who cause an accident can be held financially responsible for the emergency service’s costs of attending to the accident scene, such as providing police officers, medical services, removing vehicles and providing public safety.
Driving under the influence of drugs carries the same penalties as drunk driving in San Diego. Those suspected of DUI drugs have the choice between taking a blood or urine test back at the police station after they have been arrested for DUI.
Penalties associated with first, second, third and fourth DUI offenses in San Diego. The criminal courts impose punishment for the criminal act of DUI and the California Department of Motor Vehicles imposes drivers license suspension.
Enhancements to the standard DUI charge include drink driving with a minor passenger, alcohol test refusal, BAC over 0.15%, multiple DUI’s, reckless driving, driving on suspended license, prior felony, DUI in a construction zone or safety zone and bodily injury to another.
You may have to post bail to be released from jail after you have been arrested for drunk driving in San Diego if you caused bodily injury to another, had a minor passenger, have previous DUI convictions, are arrested in a maximum enforcement period or are an out of state resident.
Evidence that may be used against you in a DUI charge include your driving pattern, appearance and behavior, field sobriety tests, statements made by you and chemical Blood Alcohol Tests, BAC.
Description of the complete DUI process, from having the first contact with the arresting officer to being arrested, having your BAC tested at the police station, being released, hiring a San Diego DUI lawyer, your DMV hearing, arraignment and trial.
Ignition Interlock Devices (IID)
Ignition Interlock Device is a breath testing device that the court orders to be fitted to a DUI offender’s car, preventing the driver from being able to start the car if they have any alcohol in their system.
Misdemeanor DUI v Felony DUI
Depending on the circumstances of your arrest you will be charged with either a misdemeanor DUI or felony DUI. Enhancements such as causing bodily injury to another or a fourth DUI offense may result in the charge being increased to felony DUI.
Restricted Drivers License
DUI offenders who have had their drivers license suspended can apply for a restricted drivers license which allows them to drive to and from work at specific times and to drive to and from their DUI program.
DUI charges can sometimes be plea bargained down to the lesser charge of Wet Reckless under certain conditions. The lesser charge carries lighter penalties and no mandatory license suspension or jail sentence requirements.