San Diego DUI Attorney: Understanding California DUI Laws & Penalties
If you or a loved one is facing drunk driving charges in San Diego, navigating California’s complex legal system can feel overwhelming. Under California Vehicle Code Section 23152(a), operating a motor vehicle while impaired by alcohol, drugs, or a combination of both is a criminal offense.
While most drivers know that the standard legal Blood Alcohol Concentration (BAC) threshold is 0.08%, California’s intoxicated driving statutes involve nuanced rules that can lead to an arrest even below that limit.
California BAC Limits: What You Need to Know
In California, you can be charged with a DUI depending on your age, commercial driving status, or level of impairment:
- Drivers Under 21: Under California’s Zero Tolerance law, drivers under 21 cannot operate a vehicle with a BAC of 0.01% or higher.
- Drivers Under 18: Minors are prohibited from driving with any measurable amount of alcohol in their system.
- Commercial Drivers: Commercial license holders (CDL) face stricter standards and can be charged with a DUI at a BAC of 0.04% or higher.
- Drugged Driving (DUID): You can be charged with a DUI for driving under the influence of prescription medications or illegal drugs. Because there is no universally accepted chemical threshold for drug impairment, DUID charges rely heavily on officer observations and chemical tests.
Penalties for a DUI Conviction in California
DUI penalties in California vary depending on whether you have prior convictions and the specific circumstances of your arrest.
First-Time DUI Offense
A first-time DUI is typically charged as a misdemeanor. Penalties may include:
- Fines up to $1,000 (plus court assessment fees)
- Up to six months in county jail
- Driver’s license suspension
- Mandatory completion of an approved DUI traffic school (3 to 9 months)
- Installation of an Ignition Interlock Device (IID) on your vehicle
Repeat Offenses & Aggravating Factors
For every subsequent conviction within a 10-year period, penalties escalate significantly. A fourth DUI offense within 10 years is charged as a felony.
In addition, specific aggravating factors can “upgrade” or enhance standard misdemeanor DUI charges to include mandatory jail time or felony charges:
- Excessive BAC: Driving with a high BAC level of 0.15% or greater.
- Reckless Driving: Traveling 20+ mph over the speed limit or driving aggressively.
- Child Endangerment: Transporting a minor child at the time of the arrest.
- Accidents & Injury: Being involved in a collision or causing bodily injury to another party (CVC 23153).
California DUI FAQs
What Should I Do After Being Pulled Over for a Suspected DUI?
- Pull over safely: Safely pull your vehicle to the side of the road as soon as it is safe to do so.
- Remain polite: Provide your driver’s license, registration, and proof of insurance upon request.
- Exercise your right to remain silent: You are not required to answer potentially incriminating questions (e.g., “Have you been drinking tonight?”).
Do I Have to Take a Breathalyzer Test in California?
Post-Arrest: Yes. Under California’s Implied Consent Law, if you have been lawfully arrested for a DUI, you must submit to an evidentiary breath or blood test. Refusing an evidentiary test results in an automatic one-year driver’s license suspension and potential court enhancements.
Are Field Sobriety Tests (FSTs) Mandatory?
Pre-Arrest: No. Unlike post-arrest chemical tests, Preliminary Alcohol Screening (PAS) tests and roadside Field Sobriety Tests (FSTs) are optional prior to arrest. Because FSTs are subjective and frequently inaccurate due to weather, footwear, or medical conditions, declining them is often recommended by defense attorneys.
Will I Lose My Driver’s License After a DUI Arrest in California?
Your license is subject to an immediate Administrative Per Se (APS) suspension by the DMV upon arrest. However, you have strictly 10 calendar days from the date of your arrest to request a DMV hearing. Requesting this hearing places a temporary stay on the suspension, allowing you to keep driving while an experienced San Diego DUI lawyer prepares your defense.
Protect Your Rights — Contact an Experienced San Diego DUI Attorney
A DUI charge does not mean an automatic conviction. From challenging breathalyzer calibration to disputing the legality of the initial traffic stop, an experienced DUI defense lawyer can help protect your freedom and driving privileges.
Call our office today for a free, confidential case evaluation.
The State of California Has Strict Drunk Driving Laws
While the consequences will become more severe with every instance, even a first-time DUI offense could result in large fines, the loss of your driving privileges, and even jail time.
If you were arrested on intoxicated driving charges in California, you need to take immediate action to protect your rights and your future.
At the Law Offices of William R. Burgener, APC, we are skilled advocates for defendants.
We have a deep understanding of California’s drunk driving laws and the strategies used by prosecutors in these cases.
Our law office will protect your rights, your freedom, and your future.
San Diego’s Trusted Criminal Defense Attorney
Attorney William R. Burgener is a certified Criminal Law Specialist, authorized and recognized by the State Bar of California. With over 44 years of experience as a Criminal Justice Act (CJA) attorney on the San Diego panel, he has an in-depth understanding of the court system, having represented clients in all San Diego County courts both state and federal, including Downtown, South Bay, Vista, and El Cajon. He is able to represent statewide and nationally.
With more than 35 years of experience in handling federal and state felonies and misdemeanors, Attorney Burgener has successfully managed thousands of cases, frequently securing favorable resolutions. His extensive trial experience includes over 100 federal and state jury trials, as well as numerous successful motions and expungements.
Practice Areas:
Get In Touch
Request a Free Consultation
Call us today for a free consultation (619) 291 8565