San Diego DUI

After being arrested for DUI in San Diego the officer has 5 days to forward your arrest report to the California Department of Motor Vehicles.

For you to see a copy of that report you must request it within the first 10 days.

Simultaneously, by contacting the DMV within the first 10 calendar days you can also challenge the suspension of your driving privilege which is already in place.

You can request your D.M.V. "Administrative Per Se" Hearing by calling (858) 627-3901. If you call, you will select a hearing date & time and then a Hearing Officer will be assigned.

The specific Dismissal Issues available to you at this hearing, and in court, will vary from case to case and won't fully be revealed until all the logs, records, audio, video etc. are gathered and reviewed. (Please note, however, that the Public Defender can not legally prepare for or represent you at the DMV hearing)

Common Issues include Unlawful Detention, Unlawful Arrest, and CCR Title 17 violations that require the testing device to be calibrated at least every 10 days or 150 people tested. This DMV hearing is not related to your Court case.

In Court the first court date is called an Arraignment.

If you qualify, a Public Defender will be assigned to your case. If you don't qualify or prefer private counsel s/he can usually appear in court for you.

Ultimately your lawyer will advise you on your right to a Jury Trial. If you decide to waive your right to trial then your lawyer will focus his/her effort on preventing any damage possible.

This is commonly referred to as Plea Bargaining of which there are two types - charge and penalty reduction.

Some of the more common issues raised during the Plea Bargaining process include Rising Defense, Driver Issue, 3 Hour Rule, Lack of bad driving, Good Field Sobriety Tests, Unknown Consumption, Dental, Medical, Calibration Logs, Continuous Observation, etc.

Please contact one of our experienced San Diego DUI Attorneys for more detailed information about your specific DUI arrest.