San Diego DUI Attorney — Drunk Driving Defense Lawyers

Act Fast — You Have Only 10 Days After a San Diego DUI Arrest

After a DUI arrest in California, the DMV automatically suspends your driver's license unless you request a DMV Administrative Per Se (APS) hearing within 10 calendar days of your arrest. Miss this deadline and your license is automatically suspended — even if your criminal case is dismissed.

A San Diego DUI attorney can request this hearing on your behalf, often allowing you to maintain driving privileges during the process and potentially avoid suspension altogether.

How San Diego DUI Attorneys Fight Your Charges

Challenging Breathalyzer Results

Breath testing devices like the Draeger Alcotest must be properly calibrated, maintained, and operated by trained officers. A device that hasn't been properly maintained, or an operator who didn't follow correct procedures, can produce inaccurate BAC readings. Your attorney will obtain calibration records and maintenance logs to challenge breathalyzer evidence.

Challenging Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) requires that field sobriety tests be administered following specific standardized procedures. Deviations from these procedures, medical conditions, nervousness, uneven road surfaces, and poor lighting can all affect performance on these tests and provide grounds for challenging the results.

Challenging the Legality of the Traffic Stop

Under the Fourth Amendment, police must have reasonable suspicion of a traffic violation or crime before pulling you over. If the stop was unlawful, all evidence gathered as a result — including breathalyzer results and field sobriety tests — may be suppressed, potentially resulting in case dismissal.

Challenging Blood Test Procedures

Blood tests in DUI cases must follow strict collection, storage, and testing protocols. Your attorney can request a split sample analysis by an independent laboratory, challenge chain of custody documentation, and scrutinize lab procedures for errors that could undermine the prosecution's evidence.

San Diego DUI & Drunk Driving Penalties in California

First DUI Offense

• 3–5 years informal probation
• Fines from $1,800 to $18,000 (including penalties and assessments)
• 6-month driver's license suspension
• 3–9 months DUI school
• Up to 6 months county jail (often avoided with attorney)
• Ignition interlock device (IID) requirement

Second DUI Offense

• 3–5 years probation
• Fines up to $18,000+
• 2-year license suspension
• 18–30 months DUI school
• 96 hours to 1 year in county jail
• Mandatory IID installation

Felony DUI

A DUI can be charged as a felony in California when it's a 4th or subsequent offense, involves injury to another person, or follows a prior felony DUI conviction. Felony DUI penalties include state prison time, hefty fines, and a permanent felony record.

Wet Reckless — A Common DUI Reduction

One of the most common outcomes negotiated by San Diego DUI attorneys is a reduction of DUI charges to "wet reckless" (reckless driving with alcohol involvement). A wet reckless conviction carries lesser penalties, fewer mandatory consequences, and is generally viewed more favorably by employers and licensing boards than a DUI conviction.