San Diego Attorney for DUI

After a DUI arrest you essentially have two cases pending against you. The first case is with the DMV to protect your driving privileges from the administrative suspension or revocation. The second case is prosecuted in the court system as you fight to avoid a DUI conviction. We can assist in tackling both your criminal case and dealing with the DMV.

If you are arrested for Driving Under the Influence, you must obtain legal representation, even if you think the charges are minor.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of DUIs for decades, and is ready to build your DUI case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajon, including San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Types of DUI Crimes in California

According to Vehicle Code Section 23152(a), it is illegal to drive while under the influence (DUI) of alcohol or drugs. A person is considered “under the influence” if their mental or physical abilities are impaired to the extent that they cannot drive with the caution expected of a sober individual under similar circumstances.

Driving With a Blood Alcohol Concentration (BAC) of 0.08% or Higher

Under Vehicle Code Section 23152(b), it is unlawful to drive with a BAC of 0.08% or more. This threshold is determined through chemical tests, and if the test is conducted within three hours of driving, a BAC of 0.08% or higher creates a presumption of impairment.

DUI Involving Drugs

Driving under the influence of drugs is prohibited under Vehicle Code Section 23152(f). For cases involving both alcohol and drugs, Vehicle Code Section 23152(g) applies.

Special BAC Thresholds

Certain categories of drivers face stricter BAC limits. Commercial drivers and drivers transporting passengers for hire cannot have a BAC of 0.04% or higher under Vehicle Code Sections 23152(d) and 23152(e).

First DUI

First-time DUI offenders face jail time ranging from a minimum of 96 hours (48 of which must be continuous) to a maximum of six months. Additionally, fines can range from $390 to $1,000, with court fees and other penalties often significantly increasing the total financial burden. In some cases, courts may allow jail time to be served during non-work hours to avoid conflicts with employment.

Second DUI

California imposes stricter penalties for second DUI offenses to deter repeat violations. Vehicle Code Section 23540 governs second offenses occurring within 10 years of a prior conviction.

Third DUI

For a third DUI, jail sentences range from a minimum of 120 days to a maximum of 1 year in county jail. Fines range from $390 to $1,000 but can increase significantly with additional court assessments and penalties.

DUI With Injury

A DUI with Injury refers to any DUI case where the impairment resulted in injury to another person. DUI with injury can include both serious and minor injury. The penalties for injuring someone with during a DUI are significantly higher, regardless of how many prior offenses you may have.

Felony DUI

Certain circumstances elevate a DUI offense to a felony in California. Felony DUI cases involve heightened penalties and are defined by Vehicle Code Sections 23152 and 23153, with enhancements under Vehicle Code Section 23550 and related statutes.

A DUI offense is charged as a felony if one or more of the following conditions apply:

The DUI results in bodily injury to another person (Vehicle Code Section 23153).
The driver has three or more prior DUI convictions within 10 years (Vehicle Code Section 23550).
The offense occurs within 10 years of a prior felony DUI conviction (Vehicle Code Section 23550.5).
The DUI results in death or significant bodily harm.

Chemical Test Refusal

Refusing to submit to a chemical test during a DUI investigation carries serious consequences under California’s Implied Consent Law, outlined in Vehicle Code Section 23612. This law requires drivers to agree to chemical testing when lawfully arrested for DUI. A first offense leads to a 1-year license suspension, while a second offense results in a 2-year suspension, and a third or subsequent offense triggers a 3-year suspension under Vehicle Code Section 13353.

In a DUI trial, refusal to submit to testing may be used as evidence of guilt under Vehicle Code Section 23612. Jury instructions may explain that refusal can be considered in determining whether the defendant was driving under the influence. Additionally, refusal can result in harsher penalties, including longer mandatory jail sentences and extended DUI education program requirements, as outlined in Vehicle Code Section 23538.

Excessive BAC DUI

Drivers with excessive BAC levels may be required to participate in extended DUI education programs. For instance, a BAC of 0.15% or higher typically mandates a nine-month DUI program under Vehicle Code Section 23538(b). Courts may also impose extended jail sentences for drivers with BAC levels of 0.20% or higher. Additionally, drivers with excessively high BAC may face restrictions on obtaining a restricted license during the suspension period.

DUI Vehicular Manslaughter

Vehicular manslaughter refers explicitly to the accidental killing of another person while under the influence of drugs or alcohol while driving. It is the most serious DUI offense and is punished accordingly.

Vehicular manslaughter automatically results in the loss of your driver’s license, as well as vastly increased fines of up to $10,000 and possible prison time of up to 10 years.

Underage DUI

California enforces a zero-tolerance policy for drivers under 21. A BAC of 0.01% or higher results in a one-year license suspension. For drivers under 18, the suspension lasts until their 18th birthday or for one year, whichever is longer. You must complete a state-approved DUI education program before your license can be reinstated.

CDL DUI

DUI offenses committed while driving a commercial vehicle carry particularly severe consequences. For a first offense, your commercial driver’s license (CDL) is suspended for one year. A second offense results in permanent disqualification from holding a CDL. However, you may still be eligible for a restricted personal-use license for non-commercial driving in certain cases.

DUI Education Program

Participation in a licensed DUI education program is mandatory under Vehicle Code Section 23538(b). The duration of the program depends on the offender’s BAC level:

A three-month program is required for BAC levels below 0.20%.
A nine-month program applies to those with a BAC of 0.20% or higher or those who refused testing.

Breath Testing

Breath tests are a standard method used to determine a driver’s blood alcohol content (BAC) during DUI investigations.

Administration of Breath Tests

Breath tests must comply with Title 17 regulations, which require properly calibrated equipment and trained operators. If these standards are not followed, the evidence from the test may be challenged in court. Jurors are instructed to evaluate compliance with testing procedures when considering breath test evidence, as noted in CALCRIM No. 2110.

Presumptions Based on BAC

Under Vehicle Code Section 23610, a BAC of 0.08% or higher creates a rebuttable presumption of intoxication. This presumption can be contested with contrary evidence.

Blood Testing

Blood tests are an alternate or supplemental form of testing used to measure BAC or detect drugs in DUI cases. If law enforcement believes you are under the influence of drugs, prescription or otherwise, they will utilize a blood test, as there is not consistent chemical field test for all drugs.

The DUI Criminal Process in San Diego

The DUI criminal process starts as soon as a police officer pulls you over. If the officer suspects you’ve been drinking, they might ask you to do field sobriety tests, like walking in a straight line or standing on one leg. They could also ask you to take a breath test at the scene. If you fail these tests or refuse to cooperate, the officer will likely arrest you and take you to a station or hospital for more accurate blood or breath tests.

After your arrest, the police may take your driver’s license and give you a temporary one, along with a notice of suspension. You’ll then be released, either on bail or with a promise to appear in court. The first step in the legal process is your arraignment, where you’ll officially hear the charges against you and enter a plea of guilty, not guilty, or no contest.

If you plead not guilty, your case will move into the pretrial phase. During this time, your lawyer can negotiate with prosecutors or challenge evidence like test results. If no agreement is made, the case proceeds to trial. At trial, both sides present their arguments, and a judge or jury decides whether you’re guilty.

If you are found guilty, you will have to pay court fines, meet with a probation officer (if applicable) and report to jail if you are required to do so.

DUI License Suspensions and Reinstatement

DMV Hearings

After a DUI stop, your license is suspended, and you are instead provided a temporary license. You have 10 days to contact the DMV and arrange an Administrative Hearing. At the hearing, you will be able to plea for restricted or full restoration of your license.

How Long Will My License Be Suspended for a DUI?

The length of a DUI-related suspension depends on your case. For a first DUI offense, your license will be suspended for six months. A second offense within 10 years carries a two-year suspension, requiring enrollment in an 18-month or 30-month DUI program.

If the DUI involved an injury, the suspension period is one year for a first offense and up to five years for repeat offenses. For a third or subsequent DUI, license revocation lasts for three to five years. Minors face a suspension until their 18th birthday or for one year, whichever is longer.

Can I Reinstate My Licenese?

Generally, yes. However, if your case involved an excessive BAC or injury, the likelihood of a license reinstatement decreases significantly. You will likely be required to finish a DUI program, which ranges from three months for a first offense to 30 months for multiple offenses. You’ll also need to obtain SR-22 insurance, which proves financial responsibility and must be maintained for at least three years. Reinstatement fees must be paid, and if required, you must install an IID for the mandatory period. Once all DMV requirements are met, you can submit the necessary forms and documentation to apply for license reinstatement.

What If I Need to Drive for Work or School?

California allows certain individuals to apply for a hardship or critical-need license. To qualify, you must demonstrate that driving is essential for work, school, or medical care. However, this “hardship license” is not a guarantee, and may still be denied in serious DUI cases.

Proof of Financial Responsibility (SR-22)

An SR-22 is a certificate of insurance that proves you meet California’s minimum auto insurance requirements. After a DUI, you will have to retain an SR-22 for three years. If your insurance coverage lapses during this time, the DMV will suspend your license again, delaying your ability to drive legally. SR-22s are expensive, which highlights the need to contest your DUI charge.

Hot Spots in San Diego for DUIs

San Diego is famous for its nightlife and scenic beaches, but these attractions also create areas where DUI incidents happen more often. The Gaslamp Quarter, located in downtown San Diego, is one of the busiest spots for nightlife, with a large number of bars and clubs. This concentration of drinking establishments often leads to higher DUI enforcement in the area, especially on weekends and holidays. Police frequently patrol the streets around the Gaslamp Quarter to watch for impaired drivers leaving the area.

Pacific Beach and Mission Beach are other common DUI hot spots. These neighborhoods are popular for their beachside bars, casual party atmosphere, and younger crowd. Many people visit these areas to enjoy drinks by the ocean, but when it’s time to leave, impaired driving becomes a risk. Police regularly set up DUI checkpoints near main roads leading out of these beach neighborhoods, particularly at night.

Highways like Interstate 5, Interstate 8, and State Route 163 are also heavily monitored for DUIs. These major routes connect nightlife areas to the rest of San Diego, so law enforcement uses them to intercept impaired drivers. Sobriety checkpoints and saturation patrols are especially common during holidays or events like Fourth of July, where drinking increases citywide.

Additional Resources

Main DUI Law in California: Driving Under the Influence
California Penal Code Section 23152 is the primary law on driving under the influence (DUI) in the state. It includes the legal blood alcohol concentration (BAC) limits, penalties for violations, and the consequences of refusal to submit to chemical testing.

Blood Draw Admonition Procedures for Persons Arrested for Driving Under the Influence
This official San Diego Police Department training bulletin explains blood draw admonition procedures for DUI arrests. It outlines legal requirements, including implied consent laws, the necessity of warrants for non-consensual blood tests, and procedural steps for handling suspects. It ensures officers comply with Supreme Court rulings and California law while safeguarding constitutional rights.

Refusal of Intoxication Testing: A Report to Congress
This report by the U.S. Department of Transportation examines the impact of refusal to submit to BAC tests during DUI stops. It includes statistics on refusal rates, legal consequences, and prosecution challenges.

Chemical Tests for Driving Under the Influence; Zero Tolerance; Admin Per Se
San Diego Police Department provides guidelines for conducting chemical tests for DUI cases. It details protocols for blood, breath, and urine testing, including conditions for warrants and implied consent. It also outlines processes for minors, administrative license actions, and handling cases involving drugs.

Hire an Attorney for DUI Charges in San Diego County, CA

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.