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San Diego DUI Lawyer G. Cole Casey
AN EXCLUSIVE DRUNK DRIVING DEFENSE FIRM

I n San Diego, a drunk driving arrestee will most likely have his or her driver's license confiscated ( under the stop and snatch laws ) by the aresting Police Officer at the time they are taken into custody on suspicion of DUI.

If a person suspected of driving drunk, submits to a   breath alcohol test  that results in a BAC of .08% or higher, or a blood alcohol test  that results in a BAC of .08 or higher, or refuses to submit to a chemical test at all, he or she will be formally charged with driving drunk and will be issued a pink sheet of paper to notify the accused of the suspension of their driver's license in lieu of a newly issued 30-day temporary license to drive in California. In the event that the DUI arrestee is licensed to drive in a state other than California, their driver's license will not be seized and the restrictions on their privelege to drive will only be effective within California.

It is critically important to CALL THE SAN DIEGO DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the license suspension; failure to contact the California DMV to request a hearing will result in the diriver's suspension of license becoming effective and enforceable 30 days after a DUI arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good San Diego DUI attorney has a fair chance of getting the suspension thrown out.

  San Diego License Suspension Procedures

A good explanation of the laws and procedures involved in California Department of Motor Vehicles DUI license suspensions, from the attorney who wrote the leading drunk driving law textbook.

  The Statutory DMV License Suspension Laws

The statutory scheme for administrative California DMV license suspensions  can become as complicated as the criminal punishment. Basically, a first offender with a
blood alcohol level of .08% will have his license suspended for four months; if there is a refusal to submit to chemical testing, the suspension is for one year. For drivers under 21, "zero tolerance" laws in San Diego dictate a one-year suspension for blood-alcohol levels over .01%. Second offenders with over-.08% levels receive a one-year suspension (two years if a refusal).

  Get a Copy of Your California DMV Record

The Department of Motor Vehicles (California DMV) keeps your driving record for about ten years. You can obtain a copy of your California driving record by following the instructions on this site.

  The National Driver Registry

How to get information about your record on this    national governmental database used by states to determine a person's driving record in other states.

  Licensing Consequences and the DMV

There are a wide range of consequences that can result from the prosecution of a san Diego DUI case, all influenced by the facts of the case and the skills of your DUI defense lawyer. Because there are so many DUIs in San Diego that standardized treatment by the courts has developed. For the garden-variety DUI, the law requires four minimum, mandatory consequences:

  Three years of informal or summary probation. This is the easy kind of probation, without a probation officer to report to. You are on probation to the San Diego courts, and it is a promise not to get arrested again for three years.

  A fine of approximately $1,250.00, and you will have plenty of time to pay it.

  A level one drinking-driver program. You must attend ten weekly sessions of approximately three hours each.

  A ninety day driver's license restriction, allowing you to drive to and from work, during the course of your employment, and to and from the alcohol program mentioned above.

The timing of this restriction from the court and the suspension/restriction from the San Diego DMV is critical, and failure to time them properly can result in a greater suspension/restriction than is necessary. The consequences discussed in the paragraph above are what referred to as the garden-variety, standard minimum first-time DUI consequences in San Diego. There are four situations that can increase those penalties:

  An accident;

  A blood alcohol concentration of .20% or greater;

  A refusal to take a blood or breath test; and

  A prior DUI or alcohol-related reckless driving conviction.

If any of these four circumstances exist, the penalties for the standard minimum first offense go up, and can include jail time, community service, additional fines, or a host of other undesirable consequences. A criminal lawyer with experience handling San Diego DUI matters can make a major difference in the outcome of most cases.

California DUI: A Drunk Driving Law Guide

G. Cole Casey heads the top San Diego drunk driving defense law firm. As a well known San Diego DUI lawyer, his proven track record and DUI jury trial case results are unmatched and unprecedented by any other DUI attorney in the region.

Call us twenty-fours a day at  (619) 237-0384  or  Email Us  now to discuss a legitimate and effective defense strategy for your driving under the influence case.