Free Consultation, Available 24/7
San Diego: 619-814-5110 | Vista: 760-814-6025
Free Consultation, Available 24/7
San Diego: 619-814-5110 | Vista: 760-814-6025
Free Consultation, Available 24/7
A DUI charge can hinder you for an indefinite period, while you face extensive fines and incarceration. Losing your license and ability to drive creates hardship in your day-to-day life and can also be damaging to your reputation. Led by attorney Dod Ghassemkhani, our San Diego criminal defense law firm will advocate for you in seeking the best results possible. A reliable and knowledgeable criminal defense lawyer, Mr. Ghassemkhani has 17 years of legal experience and worked on more than 6,500 criminal cases. Don’t delay in getting the trusted legal help you need. Contact a trusted San Diego DUI Defense Attorney at Dod Law and learn more about your legal options.
With an experienced lawyer on your side, your DUI case may not affect your life as negatively as you might expect. If you fight a successful case and negotiate a favorable outcome, your life may change very little, and if your lawyer wins your case, you may even be able to have your DUI charges dropped without having it on your record.
If you go to trial without a skilled defense lawyer and get convicted of a DUI, you may have to face the following negative consequences:
A California DUI may impact your ability to drive. Even if you are not yet convicted of a DUI, you still face the potential of license suspension unless you take legal action against this. If you are convicted of a DUI, you face up to four months of potential license suspension unless you are a repeat offender, in which case it could be longer.
There are other alternatives to accepting a license suspension:
Speak to an experienced attorney at Dod Law. Attorney Dod Ghassemkhani is a knowledgeable criminal defense lawyer that will review the details of your conviction thoroughly to ensure you proceed with the best legal decisions for the most favorable outcome for your case.
The potential jail time penalties for a DUI conviction range depending on the circumstances of the arrest, the amount of previous convictions you have, and the judge’s discretion. The following are potential outcomes:
You may also face negative consequences such as an approved DUI rehabilitation program and potentially probation. To potentially minimize your penalties for a DUI conviction, speak to an experienced lawyer for an assessment of your case.
Even if you have served your sentencing or other negative consequences of a DUI conviction, a DUI can impact your future career and prospects. When you apply for a new job, a background check is usually required, and a DUI is seen as a liability. Having an experienced attorney in San Diego, CA on your side may help you get charges dropped or acquitted.
DUIs are costly. The following are potential financial consequences of a DUI conviction:
DUI Defense Attorney Dod Ghassemkhani at Dod Law is a knowledgeable criminal defense lawyer that will work to reduce the negative consequences you may be facing and ensure you are represented fairly in court.
DUIs are considered misdemeanors under California state law. However, any violators face severe consequences. If you’ve been arrested for a DUI in San Diego, here’s what you can expect:
California law holds a separate set of penalties for a first-time DUI conviction that gradually escalates in severity for a second, third, and subsequent DUI offense. Drivers in California must drive without violations for ten years before a previous DUI conviction is no longer considered.
Because of the tiered penalty system, DUI laws in California are incredibly complex. For example, if two people with the same blood alcohol content (BAC) were arrested for a DUI, one may face different penalties than the other, depending on whether there were previous DUI convictions.
Consider various DUI charges and minimum penalties in California below:
Many clients don’t realize how serious the punishment can be in a DUI conviction. For a first-time misdemeanor DUI offense, you face:
You may also be required to have an ignition interlock device installed in your vehicle to monitor future attempts at drinking and driving, and attend an approved DUI rehabilitation program. Penalties may increase if you have multiple DUI arrests and convictions. Your charges could also be more severe if there are aggravating circumstances such as having a child age 14 in your vehicle at the time of your DUI, or if you caused an injury while driving drunk.
The minimum penalties for a second-time DUI offense in California include:
Keep in mind that these are the minimum penalties. Many California drivers who face a second DUI violation and choose not to partner with an experienced San Diego DUI attorney may face harsher penalties that include extended time in jail up to one year and a license suspension up to two years.
The minimum penalties for a third and subsequent DUI offense in California include:
Without taking an alcohol treatment plan, DUI offenders may not ever get their driver’s license back. Again, these are minimum penalties for a third or subsequent DUI violation. Depending on the circumstances, violators may face up to one year in jail for a third DUI, or 16 months in state prison for a fourth or subsequent DUI. Additionally, your vehicle may become impounded for three months, or you may lose your vehicle to the state of California.
DUI offenders may be placed on probation after any DUI offense. First-time DUI offenders can face at least three years of probation, which could be extended. If you violate any laws or are caught drinking and driving while on probation, additional and harsher penalties will be imposed on you for breaking the probation term.
A DUI conviction can affect your life long after you’ve served your sentence. Even if your DUI didn’t cause an accident, it will show up as a conviction on your job applications. It may keep you from enrolling in higher education, obtaining a position at a company you want to work for, and may even work against you when you look for a place to live.
If you’ve been convicted of DUI in the past, you should know that it may be possible to expunge your DUI from your criminal record in California. What this does is withdraw your guilty or no contest plea. The case is then dismissed; however, your DUI will still count as a prior offense if you commit another offense of driving under the influence. Your DUI will also count as a prior offense for DMV purposes. After your conviction is expunged, employers may not use it against you when reviewing your application or considering you for a promotion.
If you’re interested in striking your DUI from your record and obtaining a clean start, talk to have DUI Defense Attorney Dod about your expungement options in California. He will review the details of your conviction thoroughly to inform you whether you are eligible for an expungement and guide you on the best actions to take to petition the court.
A DUI arrest in San Diego is a stressful and challenging ordeal for anyone to face. The legal process begins immediately after the arrest, and defendants should waste no time securing trusted legal representation. The legal process can be less intimidating if you know what to expect.
Starting from the beginning, the legal process of a DUI case in California involves the following steps:
You must request a DMV hearing at the first opportunity to avoid an automatic license suspension. You have just ten days to make this request before it’s too late. You’ll also want to be sure you secure a DUI Defense Attorney in San Diego, CA to represent you during this hearing.
DMV hearings are not lengthy, and sometimes take place over the phone. During the hearing, you’ll be asked the following questions:
You want to be very careful how you answer these questions. The arresting officer will have documented reasons for stopping you, and you may not know exactly what your BAC was at the time. Securing a knowledgeable DUI Defense Attorney in San Diego to represent you during the DMV hearing will benefit you in many ways. Your attorney can subpoena the arresting officer, which could expose errors in how you were arrested. Most importantly, your attorney can help you construct compelling responses to the DMV officer’s questions.
After law enforcement pulls you over under suspicion of DUI in San Diego, the investigating police officers will conduct field sobriety tests to establish probable cause for arrest. These tests may include the following tests, validated by the National Highway Traffic Safety Administration (NHTSA) as being reliable:
These physical and mental exercises help police officers understand if you’re intoxicated and to what extent. Performing poorly on these tests may be a sign of impairment from alcohol or drugs, and will lead to a DUI arrest. Field sobriety tests, however, are not the most accurate tests, and drivers in California may decline to take them without facing any penalties.
While you may refuse field sobriety tests without penalty, you may not refuse to take a chemical test such as a breath or blood test without hurting your case. If you refuse to submit to a breath or blood test, you may face:
Your license will be suspended whether or not you are found guilty of DUI. This is because of California’s implied consent law. Implied consent is the concept of consenting to certain actions ahead of time. When you apply for your driver’s license, you consent to submit to chemical tests like breath, blood, and urine tests if you’re ever investigated for DUI. You cannot receive your California driver’s license if you don’t agree to these terms. The consent only applies to breath and other tests that are done after a lawful DUI arrest.
DUI suspects may refuse to take preliminary alcohol screening tests before they’re arrested. Police officers perform these tests with portable breath test devices. These devices aren’t considered as accurate as those used at the police station. Still, if you consent to a portable breath test before your DUI arrest, the BAC it produces may be used against you in court.
Some first-time DUI offenders may be placed on probation and required to install an ignition interlock device (IID) into their vehicles. Ignition interlock devices force you to submit a clean breath sample before starting your car. These devices are expensive to install and maintain, but, if you’re ordered to use one, you will have to cover all the costs.
California’s new IID law passed in 2018 and requires all repeat DUI offenders and first-time DUI offenders who caused injury to install an IID for 12-48 months. Courts also have the discretion to order an IID for a first-time DUI that did not result in injuries. A first DUI offender may be sentenced to use an IID for up to 6 months.
When you’re sentenced to install an IID in your car, you must have the device professionally installed. You must also install one in each vehicle you own and drive, except company vehicles. It’s up to you to keep up with maintenance and ensure it is properly calibrated before use.
Drivers accused of DUI might feel like all hope is lost when the prosecution has evidence against them, such as BAC results that show their level of alcohol in their blood exceeded the legal limit. There are many reasons why this line of thinking is misguided.
There are several ways your attorney can challenge the results of your BAC test in California.
San Diego DUI Defense Attorney Dod Ghassemkhani has the experience you need to review all the details of your case to ensure you’re represented fairly in court.
Even a first-time DUI can have lasting consequences in California. Dod Law in Downtown San Diego has the knowledge, experience, and success record you need. Attorney Dod Ghassemkhani is a skilled criminal defense attorney who has worked on more than 6,500 criminal defense cases. He has a 10.0 “Superb” Avvo rating, and named on The National Trial Lawyers: Top 100 Trial Lawyers list. Available 24/7, he focuses his practice exclusively on criminal and DUI defense. Contact him for a free consultation in San Diego at 619-814-5110 or in Vista at 760-814-6025.
You do not have to submit to any field sobriety test or a handheld (PSA/ Preliminary alcohol screening) breath test on the side of the road. However when you were taken into custody you must submit to either a blood or breath sample or your license will be suspended for one year.
You will need an experienced lawyer to navigate you through the minefield. A DUI has license implications with the DMV and criminal implications in criminal courts. You must contact the DMV within 10 days of your arrest or your license is automatically suspended. An experienced lawyer will put a stop to that suspension and schedule a hearing.
The cost depends on the facts of your specific case and your criminal history.