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Any time an offender uses a deadly weapon in the course of an assault, the charge will be elevated to aggravated assault. This holds true regardless of whether the weapon was actually used to harm the victim. As long as the perpetrator had a deadly weapon and threatened to use it, the charge will be aggravated assault. This is because there is far greater risk to the victim when a weapon is involved than if the perpetrator was using just their own body. With a weapon, the victim’s injuries are likely to be far more severe, and there is the risk of death.

To be classified as a deadly weapon, the weapon in question must have the capability to kill the victim. Guns are always considered deadly weapons, as well as large knives. Other weapons can also qualify as deadly, depending on how they are used in the assault. For example, a baseball bat used to hit someone on the leg would not be considered deadly, but if it was used to hit the victim in the head, it likely would meet the requirements to qualify as deadly. Similarly, a pocket knife would typically not be deemed a deadly weapon, but if it was held to the victim’s throat or wrist, it could be considered deadly

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I highly recommend San Diego DUI Attorney. They did a great job. They clearly answered all my questions and kept me informed of developments as my DUI case progressed, and quickly responded to all my questions. I highly recommend his firm to anyone in need.

Ron L.
San Diego, CA

30 years of experience matters when it comes to criminal cases. I highly recommend the San Diego DUI Attorney for your criminal and DUI matters. Vincent’s experience and tenacity in the courtroom is the advantage you want on your side.

Negin Yamini
Los Angeles Criminal Attorney

One of the best criminal attorneys in San Diego. If you are looking for an aggressive and experienced DUI attorney in San Diego then you go with this DUI law firm. I recommend them to anyone who is in DUI trouble in San Diego.

Richard L. Poland
Law Office of Richard L. Poland

Santa Ana, California, November 8, 2018 – The San Diego DUI Attorney Law Firm announces the resolution of People v. N.D., a felony criminal law case in Superior Court.

Earlier this year, N.D. driving a motor vehicle on a local freeway and was involved in a motor vehicle collision. As a result of the collision, one individual was ejected from a motor vehicle and was later pronounced dead, while another person was treated at a local hospital for a broken arm.

Shortly after the incident, local law enforcement claimed to have found several illegal substances in N.D. blood stream, and he was subsequently charged with Vehicular Manslaughter, Felony Driving Under the Influence Causing Injury, and Hit and Run Causing Injury.

Facing an extensive amount of time in custody, N.D. turned to San Diego DUI Attorney Law Firm for assistance with his criminal charges.

After an extensive investigation by San Diego DUI Attorney Law Firm, the matter was eventually set ready for trial. On the eve of trial, San Diego DUI Attorney Law Firm was able to resolve the matter, not only avoiding the dangers of going to trial, but also enabling his client to avoid Prison/Jail, by completing a short period of probation. Even more amazing is the fact that once his client has completed probation, his client should be able to withdraw his plea and have the matter dismissed.

According to our lead attorney, a former Deputy District Attorney and Veteran of The United States Army, “achieving success for my clients is a top priority for me. To put myself in the best position possible to obtain these types of results, I surround myself with the best and the brightest in the legal community, and I take the time to get to know all of the facts of each and every case.”

https://www.nbcsandiego.com/news/local/Minor-Killed-in-I-15-Crash–472691923.html

When a motorist is accused of DUI, they often seek the help of a DUI attorney right away, whether it’s in the morning, middle of the night, or on the weekend. Your DUI defense law firm may be their only hope of clearing their name. Anxious clients will call you for help whenever the need arises. DUI accusations and arrests can happen at any time of the day. Most people arrested for drunk driving will call your law firm even after work hours. To get a break from the phone and meet your clients’ needs, you need a 24/7 call answering service that often greets clients with a live voice. At such a time of need, your client will hang up and try a different law firm if they call your law firm and reach voice mail. With a call answering service, you can be sure that your clients are handled with professionalism. The advantages of having a call service for your DUI defense law firm are:

Scheduling Your Legal Appointments

There are great challenges for an attorney to manage appointments. For instance, if you lack the right technology and staff, it can be a real nightmare, and you will miss appointments, which could cost your law firm in a great way. If you are to meet a client for the first time, missing the appointment creates a poor first impression. You can beat this challenge by handing over the appointment scheduling and canceling to a telephone answering service. An answering service frees you from the task of managing a full schedule of appointments and simplifies things, as nothing will fall through the cracks. This will help you take your law firm to the next level because managing a law firm is not easy. With everything that goes on daily in a law firm, you can easily lose control of your firm without outsourcing a call answering service. You can efficiently control your law firm if you collaborate with call service providers. A call answering service will help your law firm thrive, meet your exact needs, and provide a service that fits your budget.

No Need Hire Additional In-house Call Agents or Receptionist in your Law Firm

It is a headache to hire staff to handle your clients’ calls when you can do without one. This is because you will have to consider things like experience, wages, and other benefits before settling on an appropriate candidate. Once you hire one, they must provide the same epic customer service your firm is popular for. This will call for training and monitoring, and a DUI attorney may not have this time. Hiring a telephone answering service will help you eliminate the stress of training and monitoring new staff.

More Time to Handle your Client’s Cases

Phone calls are big distractors in places of work, especially in law firms. Though they keep you in touch with prospects and clients, enhancing exceptional customer service delivery, too many phone calls can hamper productivity. They can also waste time, interrupt workflow, and break momentum when your employees are working. Too many phone calls may force your employees to take a lot of time locating where they left off before the call. However, a call answering service is cost-effective; call agents will handle your clients’ calls, enhancing productivity. It will also help your employees maintain their momentum and focus on their work. Many things may be done in less time, boosting productivity. Whenever you are helping clients fight their DUI charges, you will not encounter distractions. It would appear rude when a client is at risk of jail time, yet you keep interrupting your interaction to answer the phone. A defendant might feel like you do not care about the outcome of their DUI case. However, when you have a telephone answering service, you will give your clients all the attention that they deserve. You will focus on fighting DUI charges for your clients by creating strong defenses and negotiating with the prosecutor without distractions from phone calls.

Enhance the Professionalism of your DUI Law Firm

A telephone answering service will help you establish professionalism around the clock. With so many DUI law firms available for clients to choose from, clients have become more demanding, always seeking exceptional professionalism. You build your DUI law firm’s professional image whenever clients call your firm, and a welcoming voice receives them. Clients will call your law firm in their hour of need, probably when facing an arrest. They will expect near-instant gratification. If your phone goes to voicemail, clients are likely to call an alternative DUI law firm and never call your firm again. Clients require human contact, especially when they are in distress. It would be disappointing for a client to call your firm to receive legal help only to be directed to an automated answering machine. Phone answering service provides a personal touch and comfort than an automated machine can’t. Most DUI arrests happen during odd times, mainly in the late hours of the night, early mornings, and on weekends. DUI arrests also happen during holidays like Thanksgiving, Christmas, Labor Day, and New Year’s Day. Your office will be closed during these times, but you still need to be there for your clients. If you portray your DUI law firm as dependable and professional, your phone lines must be open even on holidays. It is hard to prove the professionalism of your law firm if phone calls often go unanswered.

Instant Response to Legal Inquiries

One of the leading benefits that your DUI law firm will reap from professional call answering service is the instant response to legal inquiries. Many people will call your firm to inquire about their options for their DUI offenses. Other clients will call your law firm to inquire about your opening hours and your legal services. Call agents take time to understand your business. Therefore, they will be able to handle clients’ inquiries with ease. If an inquiry requires an intricate response, the agents will route the call to you or your legal staff. A legal answering service is more than answering calls and handling messages. It also involves handling clients’ complaints. Some people may not be happy with certain aspects of your DUI law firm. You should always be open to customer feedback, both positive and negative. The call agents will receive feedback from your legal clients. Negative client feedback will help you identify areas that require change.

Streamline Every Process at Your DUI Law Firm

A professional telephone answering service that screens all your phone calls before transferring them to clients helps you reduce clients’ frustrations. Upon calling your DUI law firm, your clients will not experience the frustration of being kept on hold for long or being transferred to the wrong staff. Professional telephone answering agents have mastered proper routing procedures. Clients will not stay on hold only to be told that the person they wanted to talk to is not available. Even if some of your legal employees work remotely, the call agents will route calls to the relevant staff on a timely basis.

Voicemail Will Not Put your Legal Clients Off

Voicemail has been around for many years, and some legal firms still rely on voicemail services. However, some people just hate voicemail and hang up the phone immediately to send them to voice mail. Many law firms have realized this and have shifted from voicemail services to telephone answering services. If you miss a call and a client fails to leave a voicemail message, there is a likelihood that the client moved to another DUI law firm. Many clients will not be willing to leave voice messages and wait for your response, yet other DUI law firms can help them fight DUI charges. For your peace of mind and the success of your DUI law firm, you can’t afford to miss a single phone call from your clients. However, you must find a way to strike a balance because you may not handle DUI cases and handle phone calls. With so many things that require your attention or the attention of your legal staff, professional telephone answering services will do the trick. Sometimes, you may think that hiring additional staff in your legal business will do the trick. However, additional staff will come with additional costs. Your DUI law firm might not be receiving enough phone calls to justify hiring another employee. It is far more efficient and cost-effective to work with a call answering service instead of hiring in-house employees for your law firm.

Your Legal Firm will Use the Answering Services as Much or a Little as they Like

Professional telephone services offer a high level of flexibility. The services are always at your disposal, meaning that you can use them as much or as little as you desire. For instance, you may decide to use the call services only when your legal firm is closed. You may use the services after business hours, on weekends, and during holidays when your in-house employees are not available. You should not feel obliged to use the answering services at all times. The services will come in handy when you are too busy to give your phone attention. When you are going to court or meeting with your legal clients, you can forward calls on your business telephone line to your professional answering service. The same case applies if you and your legal staff are going for a vacation or teambuilding. You can forward your calls to an answering service if you intend to spend some quiet time to unwind. You can arrange to have the professional telephone answering service support your business during times when your legal firm is busiest.

Telephone Answering Services will Help You Grow Your Firm

One of the main challenges that most legal firms face is growing their firms. No matter the type of law you practice, growing your legal firm is paramount if you want to remain relevant and keep growing your business. If you want your DUI law firm to thrive in the future, you must do your best to keep adding more clients. Winning new clients into your DUI law firm is no walk in the park, especially with many firms competing against you. With so many DUI law firms seeking clients from the same market share, you must do your best to stand out. The chances are that other legal firms have better marketing strategies than you. If you focus all your efforts on marketing your DUI law firm, you may not have time to attend to the pending cases, and this may affect your professionalism. One method that has proved effective in winning more clients to your law firm without requiring much effort from you is a professional call answering service. Treat potential clients professionally, and the chances of winning them over increase. On the other hand, treat your customers unprofessionally, and your chances of winning them over dwindles. You have to ensure that you provide consistent customer service while dealing with first-time or repeat customers. With professional telephone answering services, your clients will always be greeted with professionalism whenever they call your law firm. Legal firms in the United States continue to face added competition from other legal services providers, including legal consultants and in-house legal departments. Therefore, legal firms are using any strategy to help them grow, and most have shifted to professional telephone answering services.

You are connected to Your Legal Office at All Times

Professional call answering services keep you connected to your DUI legal office at all times and irrespective of where you are. You don’t have to return to the office after a court session or after meeting a client to check on your message. The telephone answering agents will dispatch messages to you irrespective of where you are. Even when your legal office receptionist is out on a lunch break, for instance, the call agents will handle all the phone calls. It is important to understand the difference that a professional telephone answering service can make for your DUI law firm. Very few clients will be willing to call back if they do not get you the first time. A telephone answering service will help you retain your clients and gain new ones.

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We Offer Individualized Attention

Our legal team recognizes that every DUI criminal case is unique and offers individualized attention. We integrate the dedication to round-the-clock availability with our individualized approach to all cases. Once you contact our office at 619-535-7150, we will assign you a skilled attorney who will listen to your concerns, answer your questions, and offer thoughtful insights, assisting you in making informed decisions.

No criminal case is too small or too large. We defend a client at a time. Our trained legal team will dedicate quality time to understanding your case and offer you skilled representation throughout the criminal judicial process.

We do not see you as another case number. We value your concerns and are dedicated to standing by your side throughout the process.

We will develop a legal defense strategy that suits your legal goals, interests, and needs. Our proven lawyers will also explain the legal process, your DUI criminal charges, potential penalties, and how to fight your criminal charges.

We recognize how frustrating it can be to wait for your case updates. That is why we offer responsive and fast communications without waiting hours or days for clarifications or answers. We want to be confident that we are handling your case promptly.

Since we limit our practice to driving under the influence defense, we devote all resources to helping you, our client, whose legal rights and future are on the line. We pool our prowess, resources, and experience to offer you top-notch representation and dedicated focus.

Fighting for Your Future and Freedom

Numerous subtle factors change how law enforcement officials and the prosecution handle your case. A defense counsel handling DUI criminal charges daily is ideal for understanding how these factors can affect your case outcome. You also need a lawyer who understands the unwritten and written rules. If this cautious case assessment and what works for you are not done, you risk being pushed through the California judicial process conveniently for the prosecutor. You need an attorney with your best interests at heart and who prioritizes you.

San Diego DUI Attorney will work closely with you, our well-esteemed client, to understand the story behind your criminal charges, find solutions, and aggressively represent you. We will fight the prosecutor diligently, bring motions to dismiss proof, and represent you in court.

We are committed to understanding your legal goals and fighting to achieve them until you are content with the outcome. If you have an underlying issue that resulted in drunk driving, we will work towards a resolution. We can request that the court grant you any of the following options:

Deferred entry of judgment (DEJ)
Probation with terms and conditions like community service and enrolling in a rehabilitation program

Facing DUI charges can affect your life in many ways, especially when you do not know what to expect. You might have thought DUI charges only affect others, such as inexperienced or reckless drivers. Maybe you thought that DUI was something that you would never have to deal with, yet you suddenly find yourself in police custody for driving while intoxicated. A DUI conviction carries many repercussions, including losing your driver’s license or having to install an ignition interlock device in your vehicle. These repercussions can pose a lot of hardships in your everyday life. The good news is that facing DUI charges does not mean all is lost. If you or your loved one faces DUI charges, your first step should be to contact a reliable DUI attorney to help you create a defense to fight against your charges.

A DUI arrest requires prompt action to ensure that your license is not suspended. At the San Diego DUI Attorney, our attorneys are deeply committed and have a thorough understanding of the California DUI laws. No matter how intricate, we have what it takes to handle your DUI case. When handling your case, our attorneys will consider every relevant evidence, including whether the law enforcement officers violated your constitutional rights. If your arrest was unlawful, our attorneys will find a way to use the officers’ failure to follow the proper procedures to your advantage.

Thorough Investigations

Your attorney’s investigations are the cornerstone of your defense approach. While the prosecution team investigates cases to ascertain guilt, the essence of our investigation lies in unearthing proof that bolsters your claim of innocence and works towards lowering the severity of your DUI charges.

Our investigation process entails the following:

Collecting evidence — We go beyond reviewing the prosecution’s proof against you.
We conduct witness interviews to get a different perspective on the alleged crime and to know various aspects the prosecutor might have misunderstood or ignored. Our skilled lawyer uses strategic questioning methods to elicit comprehensive and correct information.
Analyzing police reports — Police reports are a baseline narrative of DUI cases, which our lawyers critically review for exaggerated details, loopholes, or inconsistencies.
Working with expert witnesses who can offer insight challenging the prosecutor’s narrative and testify in court to lend credibility to your arguments.

Our team aims to refute the prosecutor’s claims against you by conducting comprehensive investigations and identifying inconsistencies and biased testimonies within the state evidence against you. The scrutiny also allows us to devise a defense strategy to address your DUI’s case nuances.

California’s driving under the influence law makes it an offense for you to operate a motor vehicle with a blood alcohol content (BAC) higher than 0.08 percent.

California regulations for DUI violations under Vehicle Code Section 23152 VC state that:

For example, you cannot face DUI charges if you sleep after parking your vehicle to sober up. It does not show the intention to drive while drunk. However, you could be charged with DUI if your vehicle key is still in the ignition. The prosecution team can still use that information to prove you drove the vehicle while intoxicated or had the intention to.

Please note that the police can apprehend you even in cases where your blood alcohol limit is below the legal limit, provided you are too impaired to drive with the caution of a sober driver in similar circumstances. Law enforcement agents would request you to blow into a breathalyzer or take a field sobriety test. If you do not pass the test or decline it, the officer could detain you, even if you are fully sober.
The regulations also govern different scenarios where a driver is suspected of driving a car with alcohol or drugs in their system. They include the following:

Our seasoned attorneys are dedicated to standing up for our clients’ rights. Our commitment to sustaining your freedom and persuasion of justice guarantees you can obtain the most effective defense you deserve.

We consider every criminal case an opportunity to positively affect our clients. We recognize the influence of legal decisions and are devoted to decisively fighting for your rights.

These skills enable us to handle complicated situations seamlessly. We can review situations from different angles, develop innovative solutions, and efficiently modify approaches that address new challenges.

Our many years of experience also allow you to predict hurdles and plan accordingly. We are prepared to handle the matter, whether it is engaging in plea bargaining or proceeding to trial. Our proactive legal team creates opportunities to prove the weakness in the prosecutor’s arguments, question the evidence presented, and take on the prosecution team with vigor.

Thanks to our many years of experience in courtroom legal discussions and processes, we can have fruitful discussions with the prosecution team and make robust arguments in court, increasing your likelihood of obtaining a favorable case outcome.

We constantly explore all possible avenues for negotiations. When handled well, plea bargain deals can significantly lower the severity of your potential criminal penalties. We aim to ensure you accept an agreement in your best interests.

Our knowledge lets us know when to be firm and supple during negotiations, keeping your best interest in mind. With these abilities, you can rest assured that we will be well-represented and that your case will be made convincingly and clearly.

The police must read all suspects who they have taken into custody Miranda rights. The Miranda warning involves the police advising you of your constitutional:

Right to remain silent because the police can use anything you say against you in court
Entitlement to legal representation and availability of a public defender’s services, even if you cannot afford a private lawyer

It is not necessary that the police read you these rights during your DUI investigation following a DUI sobriety checkpoint unless they have arrested you and started asking incriminating questions. That means it is a misconception that the officers should read you these rights when conducting investigations on the side of the road.

After reading you your rights, the police will ask you whether you have understood every right and if you still want to speak with them. Agreeing to speak waives your right to remain silent. One of the best ways to avoid self-incrimination is to ask for your defense attorney; the police officer should stop questioning you immediately. Our skilled attorney will handle all communications on your behalf.

Some of the ways the police can violate your Miranda rights include the following:

The law enforcers interrogated you without reading you the Miranda warning
The officers continued questioning you even after asking for your attorney
The law enforcement agents coerced you into making self-incriminating statements during your interrogation

If you believe the police violated your Miranda rights, contact the San Diego DUI Attorney. Our legal team will review the case facts before filing a motion to suppress evidence. If the court grants the motion, every incriminating statement you make to the authority will be inadmissible. The court ruling can work to reduce your criminal charges or dismiss them altogether.

A previous DUI conviction can have a significant adverse impact on your ability to find employment, affordable housing, and educational opportunities and move on in life regardless of when the crime occurred. An expungement under PC 1203 is a form of post-conviction relief that dismisses a conviction’s consequences, giving you a fresh start.

Our team can review the facts about your case to determine whether you are eligible. You qualify if you:

Have completed probation
Are not currently charged with, serving a sentence, or on probation for a crime

If you have not completed probation, all hope is not lost. We can take advantage of PC 1203.3 to file a motion requesting the judge to grant you an early termination of probation. Our motion will explain:

Your reformation and good conduct justify the request, and
How terminating the probation would serve the best interests

We can also talk to the prosecution and explain why you are eligible for the case closure.

The expungement process starts with filing a petition. You can do it in person or with a lawyer. The process is time-consuming, lengthy, and complicated, increasing the chances of making mistakes and getting your application denied. Our knowledgeable legal counsel knows how to streamline the process and file the proper documents.

Following your DUI arrest, the law enforcement agents will confiscate your driver’s license. The arresting police officer will give you a pink paper that will be your temporary license for one month. After thirty days, the DMV will suspend your license and bar you from driving. You just have ten days from the date of the arrest to contact the DMV and ask for a hearing to attempt and retain your driver’s license from receiving a suspension.

At San Diego DUI Attorney, we can contact the DMV on your behalf and talk directly to those in charge to ensure you receive your hearing. If you fail to request the administrative hearing within ten days, you will lose a chance to contest the license suspension, even with a viable legal defense.

During the DMV hearing, an official will listen to proof of the alleged DUI case and determine whether to suspend your driving license. The DMV hearing is independent of the criminal case. You are allowed legal representation but at your own cost.

During the hearing, the arresting police officer will detail what happened and file a police report as proof. The testimony will contain info about:

The reason the police initiated the DUI traffic stop
Your field sobriety tests score
Your conduct or appearance while with the police officer
Whether you declined chemical breath tests

Through your aggressive defense lawyer, you have the legal entitlement to cross-examine the law enforcer and present your narration of the events.

After hearing the evidence, the DMV hearing officer will decide if a preponderance of the evidence proves that you were drunk driving. The burden of proof differs from that of a criminal DUI case, and the threshold is met if the evidence demonstrates that it was more likely than not that you were drunk driving.

Our defense lawyers can help you fight these criminal charges by presenting any of the following legal defenses:

Intoxication signs like an unstable gait or slurred speech do not necessarily imply drunk driving
The arresting police officer did not observe you for more than fifteen minutes.
The police violated Title 17 regulations
You were not driving your car.

California has strict DUI laws, and drunk driving is a severe crime that you do not want to face in the criminal judicial process without proficient legal representation. If convicted, you risk losing your driving privileges, paying hefty fines, serving time, and having a criminal record. Do not allow the charge to wreck your future. You can count on the compassionate team at San Diego DUI Attorney to help you deal with the uncertainty and stress related to the crime.

The section below is a basic summary of DUI penalties:

First-time DUI

A first-time DUI is a misdemeanor that attracts penalties, including:

Fines of $390 to one thousand dollars and several penalty assessments and fees could increase the total up to $3,600
A jail sentence of up to 6 months
A license suspension — Criminal courts can impose a six-month suspension, while the Department of Motor Vehicles could also impose a four-month administrative suspension. If you declined BAC testing, the DMV license suspension increases to one year.
The judge could order you to install an ignition interlock device to continue driving without limitations.
Summary probation for three (3) to five (5) years — One of the probation requirements is completing a three-month DUI course.

Second-time DUI Penalties

The repercussions of a second DUI conviction within 10 years include:

Serving summary probation for 3 (three) to 5 (five) years
A sentence not exceeding one year in county jail
Completing an eighteen-month and 30-month court-imposed DUI school
One-year mandatory installation of an IID

Third DUI Conviction Penalties

A third DUI conviction within 10 years attracts the following potential penalties:

Informal probation of 3 to 5 years
Fines of $390 to $1,000, excluding other case-related expenses, which could amount to several thousand dollars
A maximum of one year in county jail
A mandatory installation of an ignition interlock device for one year, allowing you to drive to school or work. Otherwise, the Department of Motor Vehicles will issue a two-year license suspension against you, which can be converted to a restricted license after 18 months.
Completion of 30-month court-approved DUI education program
Designation as a habitual traffic offender (HTO) by the Department of Motor Vehicle

San Diego DUI Attorney provides commitment, respect, the utmost degree of customer service, and perseverance in a field concerned with prompt and practical solutions. You can rest assured that our team will collect and analyze evidence to fight for a solution that suits your case.

If you are charged with DUI, please contact us at 619-535-7150 to build your customized defense approach.

Here are typical DUI defenses:

Absence of Probable Cause or Reasonable Suspicion

It is illegal for the police to stop you without probable cause (a reasonable suspicion to believe you were violating DUI laws), and the evidence from the stop should be suppressed. Suppressed means that if the police officer had no legal reason to pull you over, the court could dismiss your case. The prosecution will have a considerable burden in securing your conviction without this evidence.

While reasonable suspicion suffices for a traffic stop, the police might not apprehend you without probable cause. In simple terms, are the circumstances and facts within the police officer’s understanding enough to justify a prudent individual to suspect you have violated, are violating, or want to violate a DUI law?

Your skilled legal counsel at San Diego DUI Attorney could argue that the arresting officer had no probable cause and, therefore, wrongly arrested you.

We can also file a motion to suppress all evidence from the traffic stop to help you beat the DUI charge. If the prosecution’s team is inadmissible, the judge could reduce charges or dismiss your case.

Gut Fermentation (Auto-brewery Syndrome)

Auto-brewery syndrome is a medical condition that causes an individual to be drunk even if they have not drunk alcohol. Also known as endogenous ethanol fermentation, the disease causes the affected person’s body to create alcohol from carbohydrates.

The individual can have their BAC level several times greater than the allowed legal limit after eating sugary or starchy foods. Our attorney can work with a medical practitioner to prove this sickness and refute DUI charges through medical tests.

Breathalyzers Test Errors and Inaccuracies

A DUI breathalyzer is a fast and convenient method to measure an individual’s BAC but can sometimes return errors. The testing device takes a snapshot of the chemicals in someone’s breath during testing.

Several things could go wrong, leading to inaccurate BAC results. Our knowledgeable legal team can argue that:

The device was not in the appropriate working conditions
The police officer who administered your test did not follow the required guidelines.
Residual mouth alcohol from mouthwash or breath sprays could have falsely triggered positive results.
Some medical conditions, like diabetes and diets, could lead to an inflated blood alcohol concentration.
Rising blood alcohol phenomenon rendered inaccurate chemical test outcomes.

DUI Blood Testing Errors

DUI blood testing is not immune from the likelihood of errors. Chain of custody is a common defense we use in DUI cases. The prosecutor should verify who had your blood sample in their custody at all investigative points, including when the police extracted blood, ran the chemical test, and secured the evidence against you to avoid mixing up samples or contaminating the blood sample.

We can also use improper blood storage to question the test’s accuracy.

Poor or Erratic Driving Differs From DUI

Our professional defense attorneys can contest your DUI charge by pleading you were only driving poorly or erratically but not while intoxicated. It is a strong defense, especially if you are accused of drunk driving per Vehicle Code 23152(a).

In DUI cases, the prosecution team pays much attention to your driving patterns. They will have the arresting officer testify in court on how you were driving in a way consistent with someone who was under the influence. Often, this so-called pattern includes accusations of weaving or speeding within your lane.

We will refute this proof by having the police officer testify about how you drove properly and safely. We will also elicit testimony from the arresting officer that:

Sober people commit the majority of traffic breaches
A driving pattern is not a reliable predictor of driving under the influence

Our defense attorneys have in-depth knowledge of the California judicial process and local courts, enabling us to develop defense strategies, predict hurdles, and see possibilities. We also know how the prosecution operates and the best methods in specific situations.

No matter how complex the prosecutor’s allegations against you, you can count on our exemplary DUI defense. Our attorneys will do everything possible to achieve the best outcome. We leave no stone unturned when gathering evidence to support your defense. We will conduct independent case evaluations rather than relying on the prosecutor’s evidence against you.

We will determine the reliability of the breathalyzer equipment used to test your BAC and whether the arresting and testing officers followed the appropriate DUI testing procedures.

The police must follow the proper procedures when stopping your vehicle and determining whether you are intoxicated. Before questioning you, the police should read your Miranda rights. You have a right to remain silent until your attorney arrives because anything you say can be used against you. If the police violated your rights or failed to comply with the laid-down procedures, we will base our defense on those facts.

We will interview witnesses and obtain written witness statements to support your case. Our attorneys will also evaluate the police report for any lapses or exaggerated details. If need be, we will involve expert witnesses to help us challenge the prosecutor’s evidence.

We understand that every client is unique and so is every case. Therefore, we do not adopt a one-size-fits-all approach when handling DUI cases. We handle all the cases within our firm, and we do not outsource cases. When you contact us, we will assign an attorney to handle the case and provide regular updates on the progress.

In our law firm, no case is too small, and we strive to give every case the time and attention it deserves. We will seek to understand the details of your case and provide legal representation tailored to your unique situation.

Our attorneys understand how frustrating it can be to face DUI charges. We will make the process easier by providing timely updates on your case’s progress. We will ensure you understand every stage of your case to avoid the anxiety of not knowing what to expect.

We have all the necessary resources to handle your case. Our attorneys handle even the most complex cases and deliver favorable client results. We bring in years of experience in handling DUI cases. Our experienced team is prepared to advocate for the best possible outcome in your DUI case to handle your case.

One thing everyone wants from a DUI attorney is for them to deliver a favorable outcome for your case. A positive result could mean many things. It could mean having your DUI charges reduced to a lesser offense. It could also mean reducing the monetary fines or seeking alternative sentencing instead of jail time. In an ideal situation, it could mean dropping your charges, allowing you to walk free. No matter the facts of your case, an attorney’s job is to secure the best possible outcome.

Choosing the right attorney makes all the difference in your case. A reasonable attorney will fight for you and choose the best possible defense strategy that effectively fights your charges. Our San Diego DUI attorneys value all clients and strive to deliver the best possible case outcomes.

All our attorneys have one thing in common: an exclusive focus on DUI. Unlike some attorneys who handle different practice areas, DUI is just a sideline. An attorney might understand a DUI case, but how often does the attorney strive to convince the prosecutor to drop a case? An attorney who focuses on DUI cases understands how the system works, including all the new developments in the California DUI laws.

Given how harsh the California DUI laws have become, you are better off working with an attorney specializing in DUI. If you go into any courtroom, you will witness defendants being sentenced. You can avoid unfair sentencing when you get the right lawyer for the job. All our attorneys at the San Diego DUI Attorney are passionate about defending DUI cases and are confident in all they do

Misdemeanor DUI

Driving under the influence can only be charged as a misdemeanor under California if the following conditions are met:

It is your first, second, or third DUI offense within 10 years. A wet reckless offense will also count as a prior offense.
No one suffered injuries because of your drunk driving
You do not have a prior felony DUI conviction

California VC 23152 makes it an offense to operate a vehicle:

When you have a blood alcohol concentration of 0.08% or more
When you are under the influence of alcohol or drugs

The law considers you to be under the influence if:

Your physical or mental capabilities are impaired
You cannot drive with the caution of a sober or ordinary person

The potential penalties that you could face for a misdemeanor DUI conviction include the following:

A confinement of up to one year in a county jail
Probation ranging from 3 to 5 years
Fines that do not exceed $1,000
The suspension of your driver’s license and other restrictions by the Department of Motor Vehicles
Mandatory alcohol/drug education classes

You can face aggravated penalties for a misdemeanor DUI offense if:

You had a passenger aged below 14 years
Your blood alcohol concentration was above 0.15%
You were driving at an excessively high speed at the time of arrest

Depending on your case, our attorneys at the San Diego DUI Attorney can help you raise several defenses against charges. Some of the potential defenses that we can employ include the following:

The police did not have probable cause to stop your vehicle
You did not drive while intoxicated
The law enforcement officers violated the required procedures or your constitutional rights.
You were not driving

Felony DUI

Driving while under the influence can be a felony under the following circumstances:

When you commit a 4th DUI offense within 10 years
You cause an accident while driving while intoxicated, and another person suffers physical injuries
You have a previous conviction for a felony DUI
You cause a fatal accident due to drunk driving

Under California law, DUI is a priorable offense, meaning that every subsequent offense you commit will have more severe penalties than the previous offense. If you have committed three DUI or wet reckless offenses in the last three years, the prosecutor will treat the subsequent offense as a felony. The potential penalties you could face for a fourth DUI offense include imprisonment of 16 months, 2 years, or 3 years. You can also face fines of up to $10,000. A 4th DUI offense is a wobbler, meaning the prosecutor can treat it as a misdemeanor. Our attorneys will strive to have your 4th DUI case charged as a misdemeanor instead of a felony.

If you have a previous felony DUI conviction, all subsequent offenses will be treated as felonies. You will face felony charges even if the subsequent offenses have no aggravating factors.

If the police suspect that you injured someone when driving under the influence, you will face charges under California Vehicle Code 23153(a) and 23153(b). California VC 23153(a) makes it a crime to drive while intoxicated and cause an injury to someone else. California VC 23153(b) makes it a crime to operate a vehicle with a BAC of 0.08% or more and cause injury to someone else. DUI causing injury can lead to 16 months, 2 years, or 3 years imprisonment. The sentence period will depend on:

The victim’s injuries
Your criminal history
Presence of aggravating or mitigating factors

Like a 4th DUI offense, a DUI causing injury is a ‘wobbler’ offense, meaning it can be charged as either a misdemeanor or felony based on the case specifics, chargeable as a misdemeanor or felony. We will do everything possible to ensure the offense is charged as a misdemeanor.

Vehicular Manslaughter

When you cause death while engaging in drunk driving in California, you can face vehicular manslaughter charges. You could face charges under PC 191.5(b) if you did not act with extreme recklessness. You can face charges under this statute if you drive while intoxicated and engage in another negligent act that leads to the death of another person. A conviction for this offense is a felony punishable by up to four years. If you face charges under this statute, our attorneys can help you fight against your charges. With the help of an attorney, you can assert that you are not guilty of DUI by proving that you did not drive while intoxicated. You can also point out that even if you drive while intoxicated, you did not act negligently. An attorney can also help you prove that your drunk driving did not cause the victim’s death.

If you drive under the influence, act with gross negligence, and cause a fatal accident, you can face charges under California PC 191.5(a). This statute outlines gross vehicular manslaughter while intoxicated. A conviction of this crime is a felony punishable by an imprisonment of four, six, or ten years.

The prosecutor must prove several elements for you to face charges under PC 191.5(a):

You operated a vehicle while intoxicated with alcohol or drugs
While driving, you committed another offense, either an infraction, misdemeanor, or other unlawful act that can lead to death.
You committed the infraction, misdemeanor, or unlawful act with gross negligence.
Your gross negligence led to another person’s death.

If convicted of this offense, the DMV can suspend your driver’s license for up to three years. If you operate a vehicle on a revoked license, you will face additional charges for driving on a suspended license under California VC 14601.

Our attorneys at the San Diego DUI Attorney can help you raise the following defenses against your charges:

You were not intoxicated at the time of the accident
You did not act with gross negligence
Your negligence did not cause the victim’s death
You faced an emergency, and given the circumstances, you acted reasonably

Underage DUI

Under California VC 23136, it is a civil offense for a driver below the age of 21 years to operate a vehicle with a blood alcohol concentration of 0.01% or more. This statute outlines California’s zero-tolerance laws for juvenile drivers. Underage DUI charges can result from consuming any beverage that contains alcohol, including mouthwash, and not just alcoholic drinks. Even certain medications that contain alcohol can lead to underage DUI charges. The charges can apply even if the driver’s abilities were not impaired by alcohol. Having a measurable alcohol content in the blood is enough to lead to underage DUI charges.

A violation of underage DUI laws under VC 23136 is considered a civil offense, not a criminal one. The punishment for violating this statute is a mandatory suspension of your driver’s license. A first offense attracts a one-year license suspension. Drivers with a history of violating the California drunk driving laws can have their licenses revoked for two to three years, but this depends on the severity of prior offenses.

For underage drivers, the police administer a preliminary alcohol screening (PAS) test. This roadside test is performed on a breathalyzer or similar equipment that measures the alcohol in a driver’s breath.

Underage drivers can also face charges under VC 23140 for driving with a BAC of 0.05% or higher. A post-arrest DUI chemical test follows an arrest for a violation of this statute. The post-arrest test can be a breath test performed at the police station or a DUI blood test. Violating California VC 23140 is a low-level crime that will not result in jail time. The potential penalties include a license suspension for up to one year for a first offense. A first offense can also attract a fine of up to $100. Drivers above 18 years could be subject to a compulsory alcohol education program for three months or more.

Our attorneys at the San Diego DUI Attorney are experienced in defending against underage DUI charges. Some of the legal defenses you can present with the help of an attorney include the following:

You did not operate a vehicle
There was no probable cause for the DUI stop
The police did not advise you about your rights
The DUI testing equipment was faulty
The DUI testing officer did not follow the right procedures
Rising blood alcohol or mouth alcohol
A medical condition, such as GERD, caused the elevated BAC results

You should book a DMV hearing within ten days of your DUI arrest to avoid an automatic license suspension by the California Department of Motor Vehicles. At the hearing, a DMV officer will evaluate the evidence of your DUI case to determine whether to suspend your driver’s license. This hearing is independent of the court trial. You have a right to be represented by an attorney at the DMV hearing. This hearing does not occur in a courtroom but at the local DMV office, and sometimes the hearing occurs over the phone. A DMV employee, not a judge, conducts the hearing.

At the hearing, the arresting officer will present evidence and provide the police report. This testimony can include information on why the police initiated the traffic stop, whether you showed intoxication signs, your performance at the field sobriety tests, and whether you submitted to DUI breath or chemical testing.

Our attorneys at the San Diego DUI Attorney are experienced in fighting the evidence provided at DMV hearings. We will cross-examine the arresting officer and challenge the evidence against you. In addition to cross-examining the arresting officer, you can also

Testify on your behalf
Subpoena and present additional witnesses

You could have a valid defense depending on the facts of your case. Some of the potential defenses that our attorneys can help you present include:

The arresting officer had no probable cause to initiate a traffic stop
The arresting officer did not adhere to the required 15-minute observation period
You were not driving or operating a vehicle
The officer did not inform you about the repercussions of refusing to submit to a breathalyzer test

The DMV officer will evaluate the evidence and, based on a preponderance of evidence, determine whether you were under the influence.

The burden of proof in a DMV case differs from that of a criminal case. At the DMV hearing, the arresting police officer only needs to prove that it is more likely than not that you were under the influence. This low burden of proof means that the law enforcement officer can easily prevail against you. Having an experienced, local DUI attorney significantly improves your chances of successfully contesting the charges.

Under California law, you can qualify for an expungement of your criminal conviction if you have completed probation. In drunk driving cases, completing probation can involve the following:

Completing DUI school
Paying fines
Community service
Alcohol and drug testing
A MADD Program
NA or AA counseling

You can also qualify for an expungement of your DUI conviction if you did not serve time in a state prison for the offense. If you served time in a state prison but would have served time in a county jail under the realignment program under Prop 47, you can qualify for expungement. If you have a DUI conviction, our attorneys can help you determine whether you qualify for an expungement.

Immediately after you complete probation, our attorneys can help you to petition the court to expunge your conviction record. The judge will review the petition and determine whether you qualify for an expungement.

After an expungement, your DUI arrest could still appear when a background check is performed. However, your conviction record will not exist, and you can deny it if someone asks you whether you have a DUI conviction. The expungement process can be confusing because it involves a lot of paperwork. You are better off working with an attorney who can handle the whole process. An attorney will ensure that you get it right the first time.
One of the main benefits of expunging your criminal record is the ability to obtain employment. A DUI conviction can hinder you from obtaining employment, especially if the job involves driving, school, or health care. An employer should not use an expunged conviction as a basis for denying you employment. Even after a conviction, you should still disclose your DUI conviction when seeking teaching credentials or applying for state licensing.

No two DUI cases are the same. Maybe the police stopped you without probable cause. Perhaps the officer who administered the field sobriety tests was not qualified. Sometimes, your blood alcohol concentration (BAC) results might be unreliable because of faulty equipment or poor handling. Our attorneys evaluate every aspect of a case, from the traffic stop to the DUI testing. We will identify any lapses that we can use in your favor to reduce or even dismiss your charges.

We have handled numerous DUI cases across San Diego and understand how local judges and prosecutors work. This means we can anticipate potential challenges before they occur and negotiate accordingly. We understand how different courthouses across San Diego work and will tailor your defense to meet the unique expectations of a courthouse. Working with an attorney with local knowledge can significantly affect your case’s outcome.

At the San Diego DUI Attorney, we do not just focus on getting you through the legal process, but also on protecting your future. We will strive to keep your criminal record clean, your driver’s license safe, and your reputation intact. We adopt different approaches, including challenging the evidence against you in court, negotiating for reduced charges, and helping you pursue a diversion program. Whatever the approach we adopt, we have your long-term interests in mind.

Society has a stigma towards DUI charges, and you could be subjected to embarrassment and humiliation following a DUI conviction. At the San Diego DUI Attorney, we treat every client respectfully, regardless of the charges a client faces. Our attorneys will take time to explain the legal process to you, help you explore your options, and update you at every step of the case. We ensure that all our clients receive the support they need.

California law prohibits anyone from operating a vehicle while under the influence of alcohol, drugs, or the combined influence of both alcohol and drugs. Any substance, whether legal or illegal, that can impair your driving abilities can lead to DUI charges. Under California law, the term vehicle is broad and can include scooters, bicycles, and watercraft. For a DUI arrest to occur, it should be evident that you operated a vehicle. If you were just sleeping on the back seat of a vehicle, you could avoid a DUI arrest and charges. It is also illegal to operate a vehicle if you are addicted to a drug and you are not undergoing treatment for the addiction. It would not be safe for someone experiencing withdrawal symptoms to operate a vehicle.

If your blood alcohol concentration, abbreviated as BAC, is at or above the legal limit, law enforcement officers do not have to provide additional evidence to prove your intoxication. The state’s legal limit is 0.08% and 0.04% for commercial drivers. If your BAC is below the legal limit but you show other signs of intoxication, the law enforcement officers can still arrest you.

If the police suspect that you are under the influence, you will be requested to submit to a chemical test or field sobriety tests. The law enforcement officers can use breathalyzer equipment to measure the alcohol content in your breath. The officers can also subject you to a DUI blood test or urine test. When you apply for a driver’s license in California, you give implied consent to submit to a chemical test, though refusal can lead to license suspension and other penalties. Therefore, refusing to submit to a DUI chemical test can lead to the suspension of your driver’s license.

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