San Diego DUI Overview
San Diego DUI Overview
When first arrested for a DUI in San Diego it’s likely that you’ll be confused about what is happening in terms of the legal process, etc… Here’s an overview that will help you understand the process involved with a San Diego DUI offense.
First you’re arrested and cited for suspicion of drunk driving or DUI. Depending on the actual circumstances you’ll most likely be held in the downtown jail for anywhere from 5-12 hours before being let go (this is assuming this is your first San Diego DUI and there were no aggravating circumstances).
When you’re brought to the police station downtown, your car is towed by a private towing company to the nearest towing facility that contracts with the San Diego Police to hold and ’store’ your vehicle. Before releasing the car back to you they must have a signed release order faxed to them from the San Diego County Police department. The fee for getting your car back will be anywhere from $150 - $350 dollars depending on how long it is held.
While at the police station in San Diego you’re booked; which means fingerprinted, photographed and a rap sheet is created documenting your stay in the jail.
Most likely you’ll have to post bail to get out or pay the bail amount yourself. You can contact one of the many 24 hour Bail bonds agencies in San Diego near the downtown jail. They can take care of everything for you while you are in jail with just a phone call. After you’re released you are required to immediately go to the bail bonds office and complete the transaction by signing all the documents that make you agree to appear in court.
Finally, you’re night should be winding down and you can make your way home to get some rest.
Next in the San Diego DUI process you’ll want to interview several skilled aggressive DUI lawyers who focus their practice ONLY on DUI defense and limit their practice to cases ONLY in San Diego. If you do that you will be sure to be dealing with a real expert in the local area who knows the district attorney’s office staff and can accurately assess your situation.
After you meet with several San Diego DUI lawyers you’ll want to retain the one you feel the most comfortable with. Then work with them on your defense by providing them with all requested information and showing up to any suggested activities.
San Diego DUI Sentencing
If you get convicted of the DUI, the sentence you’ll likely face in San Diego for a first offense involves:
- Drivers license suspension for 3-6 months.
- Court fines.
- Possible ignition interlock device (depends on situation).
- MADD victims impact panel attendance.
- Alcohol assessment and treatment program (most likely 3 months for 1st offenses in San Diego).
- Work service in lieu of jail time. (must be arranged) This will involve picking up trash along side the highways.
San Diego DUI Expungement
After you get through all the initial punishments and sanctions of a San Diego DUI you’ll want to look into erasing your DUI record from your criminal record. This process is called DUI expungement and you’ll have to complete the terms of your probation before being allowed to expunge your offense.
Expunging your San Diego DUI will enable you to answer ‘no’ on criminal background checks when they ask if you’ve ever been convicted of a criminal offense. This basically makes it like the DUI never occurred so long as you don’t re-offend.
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San Diego DUI Penalties
San Diego DUI Penalties
San Diego DUI penalties can last for many years after the initial DUI conviction. Some of the lasting effects can be as long as 10+ years depending on how you handle the situation. The important things to do when arrested for a DUI in San Diego are to first seek the counsel of a skilled DUI lawyer in San Diego and then listen to everything the courts and your attorney tell you to do. Following through with all of your punishments as well as keeping up with all necessary paperwork can be crucial to ensuring that this doesn’t stick around longer than it needs to.
The most important aspects of dealing with a San Diego DUI are discussed here:
Initial San Diego DUI Considerations :
- First you want to stabilize your situation. This means seeking out the appropriate mental, emotional, and legal support necessary to make you feel comfortable about what is happening. This means facing the situation at hand, telling those around you what you are dealing with AND contacting a skilled San Diego DUI lawyer and discussing your case.
- Second, you want to decide how serious your case is and what your actual chances are of reducing the DUI charges and/or getting them dismissed all together. Discuss this with your San Diego DUI lawyer.
- Last, you’ll want to proceed with your DUI defense and plan to deal with the consequences.
If Convicted of a San Diego DUI :
If you do end up getting convicted of a DUI in San Diego here’s what you’ll likely face:
First Offense DUI in San Diego - For a 1st offense you’ll likely deal with the following penalties in San Diego…
- California Vehicle Code § 23536 states that you’ll be sentenced to not less than 96 hours in SD county jail; of which 48 hours should be consecutive, and a fine of $390 to $1,000 will be paid.
- Your Drivers license will be suspended for roughly 3-4 months depending on the specifics of your San Diego DUI.
- You will have to participate in a court ordered DUI alcohol assessment and treatment program. The length of which depends on the alcohol assessment. Minimum is a 3 month DUI program up to 12-18 months.
- Ignition interlock device is possible.
- MADD impact panel attendence.
More San Diego DUI laws here.
The above punishments are what you’ll likely face for a first offense San Diego DUI. For second offense DUI and other repeat offenses the punishments will be much more severe. Please contact us for information regarding those DUI penalties as well as to schedule a free DUI consultation.
San Diego DUI is a serious matter and you should at the very least speak with an aggressive San Diego DUI lawyer about your case.
San Diego DUI First Offense
Most San Diego DUI offenses are first offense DUI’s. This is not surprising being that the city of San Diego has stepped up DUI patrols with the new SD DUI task force by 227% over recent years. What this means is that they are catching more social drinkers rather than repeat DUI offenders.
The importance of DUI defense has never been more evident than it is here in San Diego due to the fact that most first offense DUI charges are considered ‘revenue generators’ rather than safety concerns by the city. People who commit first offense DUI here in San Diego are not the problem with safety, vehicle homicide, etc… The statistics show that all major vehicular accidents involving serious property damage and/or bodily injury/death are the result of repeat offenses (with high blood alcohol levels) and not 1st offenses (traditionally with more borderline blood alcohol levels, .08% - .10%).
So this means that in attempts to generate quick revenue the more social drinker is being targeted for DUI here in San Diego. That’s why retaining an aggressive San Diego DUI Lawyer is more important than ever.
Penalties for DUI in San Diego
A San Diego DUI conviction will trigger many different consequences that the offender will have to deal with and complete before moving on with their life. If at all possible you should do everything you can to avoid being convicted of the DUI in the first place (by contacting and working with an aggressive SD DUI lawyer to defend you)… but if you’re convicted here’s what you can expect as far as penalties in San Diego for a drunk driving conviction:
Penalties for a 1st (First) Offense San Diego DUI (within 10 years)-
- Alcohol assessment that will determine whether or not you are required to complete a 3 month or 6 month treatment program.
- Fine of up to $1000 (can be as low as $390 though…)
- 48 hours up to 6 months in jail
- Drivers license suspension from 3 - 6 months (DMV may allow a restricted license though)
Penalties for a 2nd ( Second) Offense San Diego DUI (within 10 years)-
- Alcohol assessment and treatment. Alcohol treatment program will be either 18 months or 30 months in a court approved program. See San Diego State DUI Program DUIP.
- Fine up to $1,000.
- Up to 1 year in jail (minimum is 10 days)
- Drivers license suspended for 2 years
- Interlock device for up 3 years is possible at San Diego Courts discretion
- SD DMV most likely will allow a restricted drivers license for work purposes (to/from and during the course of employment ONLY) after 1 year drivers license suspension.
The above punishments only relate to the courts, the DMV, and the San Diego jail system. In addition to the above you will be required to carry SR22 Insurance for a period of 3 years after your SD DUI conviction. SR22 insurance is ‘high risk’ auto insurance required of drunk driving offenders. It is more expensive than regular auto insurance. In addition you will also now have a criminal record (if this is your first criminal offense) which will be a punishment in and of itself by being a hindrance for employment.
As you can see the consequences for a San Diego DUI offense are pretty severe- so it is absolutely imperative that you seek out a San Diego DUI lawyer to assist you with your case.
Why is San Diego Such a DUI Hotspot?
San Diego has extraordinarily high rates of DUI arrests compared to the rest of the nation. While no one knows for sure exactly why San Diego is such a DUI hotspot- there are some logical explanations.
San Diego county has a tremendous military presence. There are more than 11 military bases comprised of Navy, Marine Corps, Coast Guard, and various Defense contracting hubs. This draws in many young men and women from all over the United States who are called on to serve in our military. Alot of these young service people are not of legal age to drink and thus combined w/ San Diego’s geographical location being a border city access to alcohol is much easier than in other cities.
Underage San Diego residents often visit Mexico where the legal drinking age is only 18.
In addition, San Diego has established one of the most aggressive DUI task forces across the U.S. The reasons behind this are not perfectly clear but mostly due to fiscal problems within the city of San Diego’s government. The government has been plagued with financial difficulties along with ’scandals.’ This has created an increased need to generate more revenue, which DUI offenses do a great job of.
Lastly, San Diego has alot of DUI arrests probably due in part to being an ideal vacation spot. The fun and sun make an ideal enviornment for drinking.
Again, the exact reasons are not known- but it is a fact that San Diego has one of the highest rates of DUI arrests and DUI convictions in the nation. If you find yourself facing a DUI charge you should seek the guidance of a skilled aggressive DUI lawyer here in San Diego.
San Diego DUI Welcome
Welcome to San Diego DUI Defense.com ! As the title says up top this will serve as a complete resource for DUI offenders within San Diego county. We’ll be covering everything relevant to drunk driving offenses as well as providing some resources for you to help you (or a friend or relative) with a DUI offense. Please be aware that the information here is not intended to be legal advice and no legal advice is offered from this website. You should consult with a qualified DUI lawyer about your case. Please see full legal disclaimer before continuing on.
San Diego has one of the highest DUI arrest rates in the nation for the population size of the city. And there are certainly areas in the county where DUI stops and checkpoints are more likely to occur. For example;
- Pacific Beach
- Downtown San Diego
- East County
- I-5 corridor from the Mexico border through PB
- Lemon Grove
- El Cajon
- Mission Valley
If you or someone you care about is dealing with a San Diego DUI you’ll want to check out the resources provided throughout this website to educate yourself on DUI law and what your options may be. Also, you should seek the guidance of an aggressive DUI lawyer in San Diego to protect your rights.
Welcome to the site!