Sep 28

DUI San Diego

A DUI San Diego does not have to result in a court conviction or even the loss of your license if you act quickly and retain the services of San Diego DUI Attorney Bradley Corbett.

DUI San Diego

DUI San DiegoBeing arrested for a DUI in San Diego is a stressful and sometimes traumatic event for anyone involved. For those charged with a San Diego DUI, and convicted, the punishments for a first offense DUI require attending and completing a 9 month DUI program; paying a fine of about $2,500; having to complete extensive community service; and attending a one-time Mothers Against Drunk Drivers impact panel.

Additionally, the Department of Motor Vehicles will impose an additional license suspension of at least six months duration.

DUI San Diego: Keeping Your License

It is essential that a DMV hearing be set within the first ten days of being arrested or cited for DUI San Diego. While you can set this hearing by contacting the DMV Driver Safety Branch it is highly recommended that you retain the services of an experienced DUI Lawyer in San Diego before actually appearing at the DMV hearing due to the complexities involved.

San Diego Lawyer Bradley Corbett is a local, Top-rated San Diego DUI Attorney that can help you avoid most, if not all, potential consequences stemming from your DUI arrest in San Diego, California.

DUI San Diego: Retaining Your License

If you have a class C license there is a minimum mandatory 30 day suspension of your driving privilege if your were previously licensed in California. If you were not licensed in California but in another state your minimum suspenseion period will be 120 days. If you have a commercial drivers license at the time of the DUI, there is a mandatory 1 year disqualification, suspending your commercial drivers license for 1 year.

The stakes could not be any higher for a person cited for DUI San Diego.

DUI San Diego: Statutory Elements

The Statutory Elements of this Offense make it a misdemeanor to drive a vehicle under the following circumstances:

While under the influence of any alcoholic beverage or drug, or under their combined influence. Note that it is not necessary to prove any specific degree of intoxication, but only that the defendant was under the influence according to McDonald v Department of Motor Vehicles (2000) 77 CA4th 677, 687, 91 CR2d 826. Which means that there is a rebuttable presumption of intoxication based on blood alcohol level.

With competent, experienced representation you can successfully fight and negate the “intoxication” part of the governments case against you.

When a defendant is charged with driving under the influence of a drug, a showing of a specific measurable amount of the drug in the defendant’s blood is not required. The showing that must be made is that the defendant was under the influence. People v Bui (2001) 86 CA4th 1187, 1194, 103 CR2d 908.

If the defendant has 0.08 percent or more, by weight, of alcohol in his or her blood it is not necessary to prove the defendant was, in fact, under the influence; it is sufficient to prove the defendants blood-alcohol level was 0.08 percent or more. Burg v Municipal Court (1983) 35 C3d 257, 262 – 263, 198 CR 145. This statute is sometimes referred to as the “per se” DUI statute.

There is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving. Also, the percent by weight is based on grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

Attorney Bradley Corbett is standing by to assist you with your DUI San Diego.

San Diego DUI Attorney
4025 Camino Del Rio South San Diegoca92108 USA 
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  1. Jonas 2 Jul 2012 | reply

    This is great information to have, especially those of us who aren’t Caucasian. I’ve never actually heard the math behind the calculation, so thanks for that!

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