San Diego First Offense DUI Lawyer

Defending Against First DUI Charges in San Diego, Riverside, & Orange Counties

Being arrested and charged with a DUI can be one of the most intimidating and humiliating events you will experience. In a first-offense DUI, you likely know little about the process, the details of California DUI law, or how to fight back. You may even feel your case is hopeless with all the evidence on the side of law enforcement and the state of California. This can lead to a feeling of having little control over an overwhelming situation. 

Your reaction to a DUI arrest is not uncommon. However, the reality may be much different. As in any other criminal case, law enforcement may act in an overzealous manner. They may mishandle roadside investigations. Their breathalyzers may be inaccurate, poorly calibrated or maintained, thus prone to mistakes. The reason for pulling you over may be questionable. A myriad of factors in your arrest may be suspect and, therefore, contestable.

To uncover all of the facts and circumstances of your DUI, you will need a competent and experienced defense lawyer who knows what to look for in building your case. At The Law Offices of Casey & Angelos, you can work with the premier DUI defender in Southern California, who has earned a reputation for excellence in this complex field of law. 

Arrested for DUI? Get advice and guidance from our San Diego first-offense DUI attorney in a free case evaluation. Call us at (619) 930-5490 to schedule an appointment or contact us online. 

California DUI Laws and Penalties

California DUI law is laid out in our Vehicle Code 23152(b), which states that it is unlawful for anyone to drive a vehicle with a blood alcohol concentration (BAC) of 08 percent or higher. This is called a “per se” DUI. 

Many people believe a DUI is just one crime. But in California, the typical arrest involves two DUI charges. This is because the common misconception is that you cannot be charged if your BAC is below .08 percent. However, Vehicle Code 23152(a) allows you to be charged for driving under the influence of alcohol without mention of any BAC.  

To be convicted of this offense, the prosecutor must prove 1. That you drove a motor vehicle, and 2. You were under the influence of alcohol at the time you drove, as observed by law enforcement. The courts have defined driving as the vehicle moving, no matter how slightly. 

Typically an officer will see the vehicle moving, which will satisfy this element. But courts also allow prosecutors to use circumstantial evidence to prove driving. This can include facts that indicate you were driving, such as the engine being on, seated in the driver’s seat, keys in the ignition, illuminated headlights, etc.

Defining "Under the Influence" in DUI Cases

California courts have held that you are under the influence when your physical and mental abilities are impaired to such a degree that you can no longer drive with the caution that a sober person would use under the same or similar circumstances. The prosecutor typically uses any fact showing you were driving poorly, such as swerving, speeding, drifting across lanes, driving too slowly, and more. 

Accuracy of Breath and Blood Tests in DUI Arrests

Vehicle Code section 23152(b) is a per se offense because the law presumes you are under the influence if your BAC was .08% or higher at the time of driving. A prosecutor will use a breath or blood test to prove this. 

Most BAC tests occur 30 minutes or more after you were stopped, so how does the prosecutor prove what your BAC was at the time of driving? The law presumes you had the same BAC at the time of driving if the breath or blood test was completed within three hours of driving. If the test was completed more than three hours after the time of driving, the prosecutor must provide proof of your BAC. 

California DUI also includes driving while under the influence of drugs, which can consist of street drugs, prescription drugs, and even over-the-counter drugs that can impair your judgment, reaction time, and more due to drowsiness or other adverse physical reactions. 

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