San Diego DUI Lawyers and Attorneys Specializing in DUI Defense Since 1979

San Diego DUI Laws and Penalties

Most DUI cases will produce two criminal charges:

1)A DUI (driving under the influence of drugs or alcohol)
2)Driving with a blood-alcohol level at or greater than .08% (also referred to as DUI per se or the “B-count”)

While you can be convicted of both crimes, you can only receive penalties from one. However, the penalties for each are the same. If you had refused to take a breath or blood test, there will be no evidence to charge you with a “per se” offense. The penalties for the DUI charge will more than likely be increased, though.

The law authorizes up to six months in jail, if this is the first DUI offense. The fine, which varies slightly between jurisdictions, can be added to $1600 after including mandatory fees and assessments. Separate from the DMV’s automatic license suspension of four months, the court might enforce a suspension of up to six months, depending on the situation. In order to earn the license back, a condition of probation will be mandatory attendance at a DUI school for three months. If the blood-alcohol level exceeds .15% or .20%, the length of schooling could be increased to six or nine months. Depending on the court, additional requirements may include AA meetings, community service, attendance at “victim’s panels”, and installation of an ignition interlock device (also known as an “IID”). The duration of probation is typically three years long.

The law requires increased minimum penalties if certain evidence exists in the case. The evidence to give grounds for increased penalties could be:

• Refusing to submit to a blood or breath test
• Speeding over 20 mph on surface streets
• Speeding over 30 mph on highways (a minimum penalty of a 60-day jail sentence)
• Committing the offense while a child under 14 years old was in the vehicle
• Having one or more previous convictions in the last ten years (three or more prior convictions turns the crime from a misdemeanor to a felony, with a possible state prison sentence)

In unrelated proceedings with the DMV, if you failed to request a hearing your license will be suspended. Suspension will also occur if, during the hearing, the DMV found the accusation of driving with a blood-alcohol level at or above .08% or a refusal to take the tests to be true. (Please see the “License Suspensions” section of this site.)