If you have been charged with a misdemeanor DUI in San Diego, contact The Law Office of Elliott Kanter for a no-cost, no-obligation consultation with an experienced DUI attorney.
Being charged with a DUI doesn’t mean you’re guilty. In 2007, there were 203,866 DUI arrests in the state of California. And of those, 153,348 of these crimes ended in convictions. So if you are facing DUI charges, you might think that it’s pointless to fight the case and plead guilty.
But not so fast. At The Law Office of Elliott Kanter, we’ll take the time to ask the right questions. How much did you drink? How much sleep did you get? Was the officer sloppy in conducting the roadside investigation? Was the testing equipment faulty? With an experienced San Diego DUI attorney on your side, you’ll have a knowledgeable ally. The Law Office of Elliott Kanter will help you deal with both aspects of your DUI charges: the DMV and the court system. The minute your case is entered into the system, the DMV will begin the process to suspend your license. You must respond right away. It’s in your best interest to secure legal representation right away. It’s your freedom.
In California, it is unlawful for any person to drive a motor vehicle while under the influence of any kind of alcoholic beverage or drug. If you have a 0.8 percent or more blood alcohol concentration, you will be charged with DUI. When an officer pulls you over for suspected DUI, he may ask you to perform a series of field sobriety tests. It is at the arresting officer’s discretion whether you submit to a breathalyzer test, blood test, or urine test. If you refuse to submit to testing, the California Department of Motor Vehicles (DMV) will be notified and will suspend your driving privilege for one year.
There are many things that can result in an illegal reading on a breath test like long term smoking, diabetics that are not under treatment, fasting, certain types of bread products, exposure to gasoline fumes or dry cleaning agents, and inhaling paint, lacquer or glue fumes. More problems with breath testing can come from a lack of specificity in testing, raw alcohol from the stomach or mouth, equipment problems, operator problems, and more.
If you are stopped by the police and suspected of drunk driving, you might consider a blood test rather than submitting to a breathalyzer because the evidence from a breath test cannot be saved whereas a blood sample can be preserved for independent examination at a later date.
There are many reasons why a DUI case may be dismissed by the prosecutor. Here are some common occurrences:
What happens when you’re charged with a misdemeanor DUI?
At the APS hearing, in order for the DMV to suspend your license, each one of these conditions must be met. An experienced attorney will review everything to prove that at least one, if not all three of these conditions apply to your case:
Within 30 days, the DMV’s hearing officer will issue a decision via mail. If the DMV finds in your favor, no license suspension is imposed (though a DUI conviction in court could trigger a separate suspension). If the DMV finds against you, your license goes into suspension within a few days of receiving notice.
If your license is suspended: If you do get a license suspension, you can usually get a restricted license within 30 days that will allow you to drive to and from work and any court or DMV alcohol program. But if you violate the limits of the suspension, you might be slapped with jail time or longer probation time.
Your first scheduled court appearance is called an arraignment. At this hearing, you will be asked to enter a plea in response to the DUI charges against you. The police report from your DUI arrest and a complaint are also frequently presented to the court.
Often, the matter can be settled before your case ends up in court by you pleading to a lesser charge or agreeing to sobriety counseling. But if your case does go to trial, you will be well prepared if you hire an experienced San Diego criminal defense attorney.
The stakes for a DUI offense can be high. Every case and every client is different. Subtle facts and details can make a difference in the outcome. The attorneys at The Law Office of Elliott Kanter have over 30 years of experience representing people in various types of cases, including domestic violence, theft, sex crimes, elder abuse, and more. If you are in San Diego or any of the surrounding areas, please don’t hesitate to call our law firm or fill out the form on this site for a free consultation with one of our lawyers today.