Second Offense DUI in San Diego

A second offense DUI in San Diego occurs when a person is arrested and convicted of violating Vehicle Code §23252 within 10 years of a previous violation. San Diego DUI lawyers spend a good amount of time defending clients from second offense DUI arrests here throughout San Diego County.

There’s a few reasons why 2nd offenses are common;

  1. After your first DUI here in San Diego you cannot legally drive (after you get your drivers license back) with any measurable amount of alcohol in your blood. So any subsequent arrests will result in a DUI conviction if your blood alcohol limit is above zero… as you can see the liklihood of getting another DUI in this circumstance is much greater.
  2. Most people that get DUI convictions here in San Diego are what most people consider your typical ‘normal’ people. They’re doctors, real estate agents, CPA’s, waiters, lawyers, etc… In other words these are people that have in most cases never had a brush with the law. So a DUI is quite a shock… it’s a lot to handle and depression and anxiety weigh heavily causing an increased chance of ‘messing up’ again.

So What Can a San Diego DUI Lawyer Do For You For a 2nd Offense DUI?

First off you should not even consider trying to defend yourself if this is your second offense. You’ll absolutely want to get a San Diego DUI lawyer to defend you. The consequences/punishments you face are far too great to go it alone.

A reputable lawyer here in San Diego can fight to keep you out of jail and possibly even beat the second offense DUI depending on the circumstances of your arrest. What’s important is that you retain a skilled, aggressive San Diego DUI lawyer as soon as possible.

Waiting can worsen your chances of a favorable outcome. Call us today to discuss your case and options if you’ve been arrested for a second offense DUI in San Diego.

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San Diego DUI Lawyers

San Diego DUI lawyers seem to continue to grow in numbers for some strange reason…?  Maybe it has something to do with the increasing number of DUI offenses within San Diego county… or not. 

Within the last 3 years (2005 - 2008) there has been an increase in the number of criminal defense lawyers advertising that they handle drunk driving or DUI offenses.  One of the reasons this is happening is due to the county court house and the way they are now handling DUI cases.  They’re becoming more and more ’standardized’ which means that there is less leeway to provide a proper defense. 

As more and more DUI laws are passed and imposed not just within San Diego county but the entire state of California it makes it more profitable for criminal defense attorney’s to get into the ‘ DUI Business ‘ because it will take them less time, effort and energy to defend a client without having to reduce their fees.

Yes, that means that they will charge the same amount of fees for LESS service/defense for their DUI clients due to the way the San Diego County Courts are deciding to handle DUI cases.

So What Can DUI Offenders Do ?

The short answer is ‘not much’ but overall there are some options.  The first thing someone can do is to ensure that they are dealing with a reputable DUI lawyer and not a lawyer that practices the ‘windmill’ approach which is where a criminal defense lawyer focuses on getting many low cost/low time required clients in and out of the practice.  These are the practices that do heavy advertising… they focus on getting as many DUI offenders in the door as possible by offering low fees (through ad saturation throughout many, many different media sources) but then offer a very ‘non-existant’ defense.

In this regard the old adage, “You Get What You Pay For” is very, very relevant.  I hate to say it but a smaller criminal defense lawyer specializing in DUI defense here in San Diego is much more likely to give you a proper defense than a HUGE high volume ‘windmill’ type firm.

All of our San Diego DUI Lawyers give very specialized focused attention on our clients.  We aren’t the cheapest in town and that’s due in large part to providing a proper defense and not focusing on volume.  If you are in need of skilled San Diego DUI defense, and want the best personalized defense available here in this city and county give us a call.

San Diego Alcohol Ban on the Beach

DUI in San Diego has taken a tremendous effect on the community as a whole… more and more laws are being shaped by the ever increasing DUI charges/ convictions here in our beautiful beach town.  As I’ve stated numerous times before the lobbyist organizations (MADD) ‘pretends’ to be against drunk driving and DUI but really they are against alcohol as a whole.  The DUI or driving aspect of it is just a means to accomplish the larger picture and push towards banning alcohol in the same way that cigarrettes are being banned nationwide.

Well, now it’s illegal to drink alcohol on the beach here in San Diego.  It’s illegal to consume any alcohol at all on the sand.  What a shame.  It’s really sad to see a such an uninformed decision by our city leadership based on ‘pressure’ from special interest groups like MADD. 

Where do they think all these young people are going to go to drink now?  Do they think they’ll just stay home and read books…??  No.  They’ll be out on the streets driving and getting DUI’s.  They’ll be out in the bars.

At the very least it will be interesting to track statistics (if there really is such a way) to see the effect this has on crime in our community.  But there really isn’t any reliable way to track that… oh, i’m sure the city will come out with their statistics in a year or two showing how this was the best decision in the world and that everything is 500% better now that they banned alcohol on the beaches.

What a shame.

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:

 

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.

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 :

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…

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)-

Penalties for a 2nd ( Second) Offense San Diego DUI (within 10 years)-

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;

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!