San Diego DUI Penalties

San Diego DUI penalties can last for many years after the initial DUI conviction.  Some of the lasting effects can be as long as 10+ years depending on how you handle the situation.  The important things to do when arrested for a DUI in San Diego are to first seek the counsel of a skilled DUI lawyer in San Diego and then listen to everything the courts and your attorney tell you to do.  Following through with all of your punishments as well as keeping up with all necessary paperwork can be crucial to ensuring that this doesn’t stick around longer than it needs to.
The most important aspects of dealing with a San Diego DUI are discussed here:

Initial San Diego DUI Considerations :

• First you want to stabilize your situation.  This means seeking out the appropriate mental, emotional, and legal support necessary to make you feel comfortable about what is happening.  This means facing the situation at hand, telling those around you what you are dealing with AND contacting a skilled San Diego DUI lawyer and discussing your case.
• Second, you want to decide how serious your case is and what your actual chances are of reducing the DUI charges and/or getting them dismissed all together.  Discuss this with your San Diego DUI lawyer.
• Last, you’ll want to proceed with your DUI defense and plan to deal with the consequences.

If Convicted of a San Diego DUI :

If you do end up getting convicted of a DUI in San Diego here’s what you’ll likely face:
First Offense DUI in San Diego -  For a 1st offense you’ll likely deal with the following penalties in San Diego…

•  California Vehicle Code  § 23536 states that you’ll be sentenced to not less than 96 hours in SD county jail; of which 48 hours should be consecutive, and a fine of $390 to $1,000 will be paid. 
• Your Drivers license will be suspended for roughly 3-4 months depending on the specifics of your San Diego DUI.
• You will have to participate in a court ordered DUI alcohol assessment and treatment program.  The length of which depends on the alcohol assessment.  Minimum is a 3 month DUI program up to 12-18 months.
• Ignition interlock device is possible.
• MADD impact panel attendence.

More San Diego DUI laws here.
The above punishments are what you’ll likely face for a first offense San Diego DUI.  For second offense DUI and other repeat offenses the punishments will be much more severe.  Please contact us for information regarding those DUI penalties as well as to schedule a free DUI consultation.

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San Diego DUI Lawyers

seem to continue to grow in numbers for some strange reason…?  Maybe it has something to do with the increasing number of DUI offenses within San Diego county… or not. 
Within the last 3 years (2005 - 2008) there has been an increase in the number of criminal defense lawyers advertising that they handle drunk driving or DUI offenses.  One of the reasons this is happening is due to the county court house and the way they are now handling DUI cases.  They’re becoming more and more ’standardized’ which means that there is less leeway to provide a proper defense.
As more and more DUI laws are passed and imposed not just within San Diego county but the entire state of California it makes it more profitable for criminal defense attorney’s to get into the ‘ DUI Business ‘ because it will take them less time, effort and energy to defend a client without having to reduce their fees.
Yes, that means that they will charge the same amount of fees for LESS service/defense for their DUI clients due to the way the San Diego County Courts are deciding to handle DUI cases.
So What Can DUI Offenders Do ?
The short answer is ‘not much’ but overall there are some options.  The first thing someone can do is to ensure that they are dealing with a reputable DUI lawyer and not a lawyer that practices the ‘windmill’ approach which is where a criminal defense lawyer focuses on getting many low cost/low time required clients in and out of the practice.  These are the practices that do heavy advertising… they focus on getting as many DUI offenders in the door as possible by offering low fees (through ad saturation throughout many, many different media sources) but then offer a very ‘non-existant’ defense.
In this regard the old adage, “You Get What You Pay For” is very, very relevant.  I hate to say it but a smaller criminal defense lawyer specializing in DUI defense here in San Diego is much more likely to give you a proper defense than a HUGE high volume ‘windmill’ type firm.

So What Can a San Diego DUI Lawyer Do For You For a 2nd Offense DUI?

First off you should not even consider trying to defend yourself if this is your second offense. You’ll absolutely want to get a San Diego DUI lawyer to defend you. The consequences/punishments you face are far too great to go it alone.
A reputable lawyer here in San Diego can fight to keep you out of jail and possibly even beat the second offense DUI depending on the circumstances of your arrest. What’s important is that you retain a skilled, aggressive San Diego DUI lawyer as soon as possible.
Waiting can worsen your chances of a favorable outcome. Call us today to discuss your case and options if you’ve been arrested for a second offense DUI in San Diego.

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Second Offense DUI in San Diego

A second offense DUI in San Diego occurs when a person is arrested and convicted of violating Vehicle Code §23252 within 10 years of a previous violation. San Diego DUI lawyers spend a good amount of time defending clients from second offense DUI arrests here throughout San Diego County.
There’s a few reasons why 2nd offenses are common;

1. After your first DUI here in San Diego you cannot legally drive (after you get your drivers license back) with any measurable amount of alcohol in your blood. So any subsequent arrests will result in a DUI conviction if your blood alcohol limit is above zero… as you can see the liklihood of getting another DUI in this circumstance is much greater.
2. Most people that get DUI convictions here in San Diego are what most people consider your typical ‘normal’ people. They’re doctors, real estate agents, CPA’s, waiters, lawyers, etc… In other words these are people that have in most cases never had a brush with the law. So a DUI is quite a shock… it’s a lot to handle and depression and anxiety weigh heavily causing an increased chance of ‘messing up’ again.

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What Does It Take To Beat A San Diego DUI Charge

One of the first things a person who has been arrested on a DUI charge in San Diego thinks is “How can I beat this charge”? The mistake that a lot of people make who have been arrested for DUI make is to make the decision to not have a DUI lawyer represent them in their defense of the DUI charge.
Beating or even reducing a DUI charge in San Diego county is extremely difficult, if not impossible in most cases without the help of an experience DUI lawyer who practices in San Diego and knows the San Diego court system and the California DUI laws like the back of their hand, so to speak.
Whether or not you live in San Diego or any other part of the United States and you have been arrested on a drunk driving charge and are a waiting your day in court. One of the first things you must do, is to hire an experienced DUI lawyer to represent you in court.
When you make this decision, base it on your future and the potential impact a DUI conviction will have on your life down the road. Don’t just think about the costs of hiring a DUI lawyer, this is a fatal mistake.

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Prior to trial, man pleads guilty in DUI hit-run death

EL CAJON – On the eve of the start of his trial, a 44-year-old Alpine man pleaded guilty Tuesday to gross vehicular manslaughter involving alcohol in the hit-and-run death of a bicyclist in December.
The change of plea by Travis Weber included an enhancement for hit-and-run driving and an agreement by attorneys for both sides that Weber will be sentenced to 11 years in state prison on June 25.
In addition, relatives of the victim, Edward Costa, 30, of Alpine, will be allowed to make statements before Weber is sentenced.
“It was a tragic case,” said attorney Russell K. Robinson, Weber's defense counsel. “Mr. Weber is a spiritual man and he feels very bad about this whole thing. If he could change anything, he would.”
Robinson said he and the prosecutor, Deputy District Attorney Gordon Paul Davis, had worked several weeks to reach a resolution that would be fair to Weber and also spare Costa's relatives from the ordeal of a trial.
Davis said the case was difficult, in part, because the state lacked clear evidence that Weber was drunk at the time of the accident, since authorities did not find him until his arrest two days later.
On Dec. 2, Costa was riding his mountain bike in the bicycle lane on Alpine Boulevard at Rock Terrace Road just before 5 p.m. when a truck came from behind and slammed into him, authorities said.
Two days after the crash, as Costa's family and friends were holding a memorial vigil at the crash site, they saw Weber pull into the Liars' Club parking lot across the street, a witness testified at a preliminary hearing in January. The witness said she performed a citizen's arrest while others summoned sheriff's deputies.
Also at the hearing, a California Highway Patrol officer testified that Weber said that he had been on a drinking binge for five days or more at the time and didn't remember anything that happened on Dec. 2.

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Assault and DUI Appeal Shot Down For Foley Friend

SAN DIEGO - A state appeals court Friday upheld the assault/DUI conviction of a woman who was with former Chargers linebacker Steve Foley the night he was shot by an off-duty Coronado police officer.

Lisa Maree Gaut was found guilty of assault with a deadly weapon and two drunken driving counts in connection with the Sept. 3, 2006, shooting.

Officer Aaron Mansker testified that around 3:15 a.m., he spotted Foley's vehicle being driven erratically and swerving on northbound state Route 163 and tried to pull it over, even though he was dressed in street clothes.

The 23-year-old rookie officer followed the car for 13 miles to Foley's Poway home, where he shot the player when he thought he was reaching into his waistband.

Gaut, then 25 and living with her son, jumped in the driver's seat and drove the car at Mansker, who managed to get out of the way.

Gaut was sentenced in June 2007 by Judge Charles Rogers to six months in jail or work furlough.

The appellate justices rejected Gaut's contention that there was insufficient evidence to convict her; that Judge Charles Rogers erred when he allowed her recorded jailhouse telephone calls to be introduced as evidence; and that he improperly failed to include certain jury instructions.

Gaut's lawyer suggested the telephone calls had the effect to "demonize" her before the jury, partly because of what the appellate justices described as "rough language."

The appellate panel ruled the calls were of solid evidentiary value because they cast doubt on earlier statements to detectives, and that Gaut "might have had ulterior motives to tailor her trial testimony to maximize her personal benefit."

Foley was 31 when he took a bullet to the knee and had to retire from football. He settled with Mansker and the city of Coronado for $5.5 million.

He had a .21 percent blood-alcohol level -- more than twice the legal limit -- and pleaded guilty to two misdemeanor drunken driving chargers.

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New Fire Rules Could Eliminate Thousands Of Local Trees

SAN DIEGO -- San Diego County officials said more than 150 wildfires in the county were sparked by downed power lines.
Some of the wildfires in 2003 and 2007 were started by power lines and high winds in the back country, officials said, and for that reason state regulators are in the process of making new rules.One of those new rules could require more aggressive tree trimming near power lines."I am sounding the alarm now," said Diane Conklin of the Mussey Grade Alliance.Conklin, a Ramona resident, said she is concerned about San Diego Gas & Electric's plan to follow the new rules by clearing a 50-foot perimeter around power poles and power lines.Conklin said the plan would wipe out thousands of acres of trees across the county."SDG&E has asked for this massive tree-trimming program because they believe that is the best way to protect against fires," Conklin.Right now SDG&E clears a minimum of 18 inches around powerlines and power poles. They want permission to increase that area with no maximum limit.SDG&E spokeswoman Stephanie Donovan said, "We have to insure that our lines are in compliance in terms of having the tree branches away from the power lines 100 percent of the time all year long, maybe for a couple of years, so we have to trim back farther than the minimum to allow for growth."Conklin said she thinks many trees could disappear if SDG&E's request is granted, and she is asking the state for maximums to insure that historic trees like those along Mussey Grade Road only get trimmed and not cut down."Those trees are beautiful, and we all want to see our community as beautiful as possible. But as I said before, the real tree removal hazard is the next wildfire," saidState regulators hope to have a decision by late summer.


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22 Arrested In Vista Prostitution Sweep

VISTA, Calif. -- 22 people are in custody after a prostitution bust Wednesday at day spas and acupuncture clinics operating in the city of Vista, according to the San Diego County Sheriff's Department.
Nine separate businesses were raided Wednesday, deputies told 10News.The businesses were identified as: Touch of Asian Day Spa, Seren Acu-Care, Melrose Spa, Vista Town Spa, Bright Acupuncture, JW Acupuncture, Li Jun Acupuncture I, Li Jun Acupuncture II, and Vista Health Center.22 Asian women face charges including prostitution, illegal touching and various other municipal building, occupancy and health and safety violations, deputies said.Investigators said most of the women arrested were Chinese nationals.Agents from ICE are currently determining the immigration status of those arrested and have found some to be in the country illegally, deputies said.

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Body Found Near South Mission Beach Jetty

SAN DIEGO -- Human remains were found underwater in the ocean near the mouth of Mission Bay Channel Wednesday, authorities reported.
Lifeguard personnel reported the discovery shortly after 11:30 a.m., according to San Diego police.In the early evening, an SDPD diving crew had finally recovered the body, Sgt. David Jennings said. The man was wearing only work pants and a tennis shoe.


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Federal Grand Jury Indicts Man For Possessing Machine Guns

SAN DIEGO -- A Lake Elsinore man was indicted Wednesday by a Federal Grand Jury in San Diego on charges of possession of unregistered machine guns, federal authorities said.
Jason Hilliard, 36, was arrested last month in the Pacific Beach area, according to Special Agent Michael Hoffman of the Bureau of Alcohol, Tobacco, Firearms and Explosives' Los Angeles Field Division.Officers from the San Diego Police Department initially took him into custody after Hilliard crashed his car into another vehicle.Searching Hilliard's vehicle, officers discovered six guns, hundreds of rounds of ammunition, a ski mask, duct tape and a large overcoat, Hoffman said.The officers contacted the ATF, who determined that four of the guns in Hilliard's vehicle were formerly semi-automatic weapons that had been converted into machine guns, Hoffman said.Hilliard faces 10 years in prison and fines of $250,000 for each of four felony counts.


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CHP: 104 DUI Arrests Made In SD Over Holiday

SAN DIEGO -- California Highway Patrol officers made 104 DUI arrests in the San Diego area over the Memorial Day weekend, four fewer than they did during the comparable period last year, the agency reported Tuesday.Over the three-day holiday, meanwhile, there were no fatal traffic accidents on local roads monitored by the CHP. Last year, by comparison, traffic accidents claimed three lives in San Diego County.Statewide, 45 people died in vehicle crashes this year over the Memorial Day weekend -- compared with 30 last year -- and 1,465 drivers were arrested on suspicion of driving while intoxicated, a minor increase from the 2008 total of 1,445.

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