If you are facing DUI charges in San Diego, CA, or driving under the influence, you are not alone. Our law office has represented individuals facing DUI charges for over 40 years. Contact our law firm today to speak with an experienced DUI attorney.
DUI Lawyer in San Diego, CA
A DUI arrest can be a very frightening and embarrassing experience, especially for someone who considers themselves to be a law-abiding citizen. But alcohol and drugs (illicit or prescribed) can skew your perception and cloud your judgment, resulting in a decision that you would not typically make while sober.
You may be feeling scared about losing your license, ashamed about getting arrested, and worried about having to pay steep fines or even serving jail time. It’s also common to have concerns over your inability to drive, which may result in the loss of your job, dramatically increased transportation expenses, and other adverse impacts on you and your family.
At The Law Office of Elliott Kanter, our goal is to help guide you through the legal process following a DUI arrest. As one of the most experienced San Diego DUI attorneys, Elliott Kanter has more than 40 years of professional experience working with clients like you. It’s Mr. Kanter’s belief that to error is to be human; it’s his goal to help you work through the consequences of your driving under the influence arrest while minimizing the penalties set forth by California state law.
(Click a statute below for additional information)
23152 (a) VC Driving under the influence of alcohol- Up to 1 year in county jail
23152 (e) VC Driving under the influence of a drug – Up to 1 year in county jail
23153 (a) or (b) VC Driving under the influence of alcohol or drugs causing bodily injury – Up to 3 years in prison
Ask An Attorney in San Diego If You Have Questions After a DUI Arrest
Many of the people who come to DUI lawyers have never been arrested before, so understandably, they have absolutely no idea of what to expect. This uncertainty can lead to fear and stress, which may serve to complicate an already difficult situation.
At The Law Office of Elliott Kanter, we receive many questions from worried people who need help after a DUI. The following is a look at some of the most common queries that we receive. If you have additional questions, please call us to schedule a free consultation regarding your DUI case.
Will I Have to Go to Jail for a DUI?
A DUI conviction carries serious penalties. In California, there is a mandatory minimum jail sentence of three days for first-time offenders. If a “not guilty” verdict or dismissal is unlikely, aggressive lawyers will typically work to get your case downgraded to a lesser charge (such as “wet reckless”). Your lawyer may also attempt to negotiate a plea deal that does not entail jail time.
In cases where a client is found “guilty” of DUI, your defense attorney may strive to present compelling evidence and information that supports a request for a more lenient sentence of probation in lieu of jail.
Will I Have to Pay a Fine After Getting Convicted of DUI?
If you are convicted of DUI or plead “guilty”, you may be subject to a fine. DUI fines in California start at $390 to $1,000 for a first offense. Subsequent offenses can carry a fine of $18,000 or more.
How Long Will I Lose My Driver’s License After a DUI Arrest?
The minimum suspension timeframe for a first-time DUI offender is typically four months. In the case of a felony DUI or subsequent DUIs, your license may be suspended or revoked for a period of one to two years or longer.
Generally, your driver’s license will be confiscated by police, who will usually present you with a notice of suspension, and then suspended by the DMV. To fight the suspension, you will have to schedule a DMV hearing. But a temporary license is often obtained in very short order, providing that you had a valid California license prior to your arrest.
Restricted Licenses After a DUI
A temporary license can restore your driving privileges for a period of 30 days in most cases. Once this expires, you may seek out a restricted driver’s license. A California restricted license allows for travel to work and to court. This license also carries other conditions, such as a requirement for SR-22 insurance (also referred to as proof of financial responsibility) and the installation of an ignition interlock device (IID). An IID is affixed to the ignition and it will not permit the car to start unless the driver submits to a breathalyzer test. You may also be required to take a special DUI-related course.
However, there is no guarantee the courts will approve a restricted license in your case. Seek legal representation from a law firm that can provide legal advice on how you can get approved for this license. With these special driver’s license types, you may be able to maintain some of your driving privileges until your normal license is reinstated.
How Much Does a DUI Cost?
Our attorneys find that the total cost of a DUI in San Diego varies dramatically from case to case, as there are many variables involved. Some of the expenses include fines, SR-22 insurance (and higher auto insurance premiums for several years following a DUI), the cost of attending court-mandated classes, the cost to get a restricted license and/or to reinstate your normal license and the cost of hiring a San Diego DUI attorney. You may also be charged an IID fee if the court orders the installation of an ignition interlock device in your vehicle.
I Wasn’t Drinking and Driving. I Only Took a Prescribed Medication. Is This Still a DUI?
A charge of driving under the influence may be filed if the individual is impaired by alcohol, or any kind of drug, including illicit drugs or even a legally prescribed prescription medication.
I Refused a Chemical Test After My Arrest. Am I in Trouble?
In California, there is an “implied consent” law surrounding chemical tests, which can include a breathalyzer, blood test or urine test. This means that you are essentially required to submit to a chemical test after your arrest; if you decline this test, a police officer must verify that you are, in fact, refusing.
A person who refuses to submit to a chemical test typically suffers mandatory penalties for license suspension/revocation. In addition, you usually become ineligible for a restricted license. If your case goes to trial, the prosecutor is permitted to tell the jury that you declined to test.
It’s important to note that this implied consent only applies to the chemical test that is administered after your arrest. Police may ask you to perform a breathalyzer during the preliminary field sobriety testing phase; you do have the right to decline this test without penalty.
Finding the Right Law Firm in San Diego for Your DUI Case
Everyone makes mistakes, but you can limit the long-term impact of those mistakes by choosing a qualified San Diego DUI lawyer to help defend you in court. Choosing your attorney is a task that should not be taken lightly, as your lawyer can have a significant impact on the outcome of your case.
Elliott Kanter offers free, fully confidential case consultations to prospective clients. This serves as a wonderful opportunity to discuss the basic facts in your case and to ask questions. Since many who are arrested for drunk driving have never been arrested or involved with the legal system, they’ve also never hired an attorney. As a result, many simply don’t know what questions to ask.
You may wish to inquire about the lawyer’s experience defending these cases and their recommended defense strategy for your specific case. It’s also wise to ask about the lawyer’s fees and payment terms. You will need an experienced litigator who will present a compelling argument while poking holes in the prosecution’s case. Negotiation skills are also vital, as your lawyer in San Diego can work to negotiate a plea agreement or a more lenient sentence.
Contact A Lawyer in San Diego With Over Four Decades of Experience
As one of the top criminal defense attorneys in San Diego, Elliott Kanter handles DUI cases that may involve additional charges, such as:
- Assault with a deadly weapon [such as a vehicle] (PC 245);
- Being under the influence of a controlled substance (1150 HSC);
- Being under the influence of an unprescribed narcotic medication (California Health and Safety Code 11550);
- Child endangerment [if a child is present in the vehicle at the time of the alleged DUI offense] (California Penal Code 273).
With more than 35 years of experience in criminal defense and personal injury law practice areas, Elliott Kanter is well qualified to defend you and your interests. He has the knowledge and experience needed to negotiate with prosecutors on your behalf, represent you during court hearings, and fight for the best possible outcome for your case so you can move on with your life.
San Diego Felony DUI Lawyer
If you’re facing felony or misdemeanor DUI charges in California, contact the legal professionals at The Law Office of Elliott Kanter to request a free, no-obligation case evaluation today. Call us by phone at (619) 554-0889 or send our office an email by filling out the form on this website.
California DUI Statutes Explained
Statute 23152
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(b) In any prosecution under this subdivision, it 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 the driving.
(c) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
Statute 23153
(a) It is unlawful for a person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
In any prosecution under this subdivision, it 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.
Penalties for violating DUI laws are harsh in California. They begin with fines of up to $1000.00, plus penalties that go up to $2000.00. First-time offenders are normally fined and placed on probation for several months. Subsequent convictions increase the fines, fees, and jail time drastically. Your case should be handled by a qualified attorney with experience in the field.
Under California statutes 23152 (a) VC, 23152 (b)VC, and 23152 (e) VC, a driver can serve up to a year in county jail if found guilty.
Statute 23153
(a) It is unlawful for a person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
If the driver is found guilty of causing bodily injury to another (statute 23153 VC) while driving under the influence, they can receive up to three years in prison.
Many people are under the impression that if a police officer charges them with DUI, they have all the proof they need and there is nothing you can do. This is untrue. There are many factors that can influence and render their proof useless. Among them are:
- Medical conditions and prescribed medications that could affect blood and breath tests
- Equipment failures
- Contaminated blood samples
When a driver is stopped for suspicion of DUI, he or she will be asked to take some simple field sobriety tests. The officer uses his judgment to determine if the driver “passes” the tests. The above-mentioned factors (and much more) may make affect the field sobriety test, making a person unable to keep their balance, and not sure on their feet. After the field sobriety tests, he or she may be asked to submit to blood or breath tests. Refusal is not advised and results in harsh penalties.
The driver has 10 days to request a hearing from the DMV. After 10 days they have forfeited their rights to a hearing and their driver’s license is automatically suspended for 30 days. Their attorney can represent them and sometimes the defendant does not even have to appear in court.
Were you charged with a DUI in San Diego, CA? Preserve your freedom by contacting a defense lawyer who can defend your rights. Call The Law Office of Elliott Kanter for a no-cost, no-obligation consultation.
Felony DUI Defense in San Diego
When you are charged with driving under the influence (DUI) there are two different proceedings: the Department of Motor Vehicles (DMV) and the court. Our lawyers will help clients deal with both cases.
When you are charged with driving under the influence of alcohol, it’s usually considered a misdemeanor DUI. In fact, when facing your first, second, and third DUI case, it’s still considered a “simple DUI.” The stakes for felony charges are much higher and penalties often involve jail time or a suspended license. The worst thing you can do is delay securing legal representation from an attorney. A misdemeanor becomes a felony offense if specific conditions apply:
- You caused a personal injury accident or a death. When another person suffers injury or death, you can be charged with driving under the influence causing injury, DUI vehicular manslaughter, or DUI second-degree murder. This does not mean if the other person suffers from minor scratches and a few bruises then you will be charged with a felony. To be charged with a felony, the other person must suffer serious injuries, otherwise, the crime will still be charged as a misdemeanor.
- You have multiple prior convictions. Driving under the influence is known as a “prior” offense. That is, every time you are convicted for the same or similar offense, the penalties are stiffer. So if you have three or more prior DUIs or California “wet reckless” convictions within the last 10 years, you will be charged with a felony.
- You have at least one prior felony DUI conviction. If you were previously charged with a felony DUI and this is otherwise a simple DUI, you will still be charged with felony DUI.
We Will Fight For Your Driving Privileges After A DUI Arrest
The pink slip happens. Your license will be taken away and you’ll receive a pink slip known as an “Order of Suspension and Temporary License.” This pink skip is a temporary license and also states that unless an Administrative Per Se (APS) hearing is scheduled at your local DMV office within ten days of the arrest, your license will automatically be suspended. The San Diego criminal defense attorneys at The Law Office of Elliott Kanter will schedule your hearing and present on your behalf that you were not driving under the influence. You have a right to elect either an in-person or telephone hearing. When this is done, the license suspension is postponed pending the outcome of the APS hearing.
At the APS hearing, in order for the DMV to suspend your license, each one of these conditions must be met. Experienced lawyer Elliott Kanter will review everything to prove that at least one, if not all three of these conditions apply to your case.
- Was there probable cause for the officer to stop you? Did you violate any laws?
- Did the police officer notice enough details to make a lawful arrest?
- Was your blood alcohol content (BAC) at the time 0.08 percent or greater?
What are the Penalties for a Felony DUI Arrest?
The criminal penalties you face will depend on what type of DUI it was, whether injuries were involved, and your prior criminal history. For example, if this is your fourth DUI conviction, you may face up to four years in prison, $1,000 in fines, a four-year revocation of your driver’s license, and you may be classified as a habitual traffic offender by the DMV.
Make no mistake about it. Felony DUIs are aggressively prosecuted in the state of California. If you have been charged–regardless of whether it is because of your prior convictions or an injury to another person–you will need the legal assistance of an experienced attorney. Contact The Law Office of Elliott Kanter or visit our website to fill out an online form to schedule a free legal consultation with a criminal defense attorney today.
How Can We Help Your Case?
Your court date will be set. When you are released from custody, you will find a date at the bottom of your citation. At the arraignment, if you are charged with a felony, you will be expected to appear at each court hearing, including the arraignment. At the arraignment, The Law Office of Elliott Kanter will:
- Be given a copy of the complaint against you.
- Obtain the initial discovery packet which normally consists of a police report, any breath/blood test results report, and a copy of your driving record.
- Enter a plea of “not guilty” on your behalf.
- Set a pre-trial date to begin negotiating your case with the District Attorney (DA)’s office.
What happens at the pre-trial? Pre-trial conferences occur between your lawyer and the Deputy District Attorney. This is an opportunity to negotiate with the DA, and sometimes a good deal can be worked out before you have to go to trial, but this will depend on the circumstances surrounding your charges. The Law Office of Elliott Kanter will work hard for you. We prefer not to go to trial, as your case can often be negotiated. But if we have to go to trial, we are prepared to do so.
Get the Help Your DUI Case Needs Today
Being charged with a felony for drunk driving is a stressful experience. But we urge you to not just plead guilty and accept punishment from the courts. A skilled attorney from one of the top law firms in the area can handle your case. A San Diego DUI lawyer can make all the difference and can work tirelessly to achieve the best possible result for your case. Elliott Kanter has decades of professional experience representing clients in various practice areas, including DUI defense, theft, domestic violence, drug crimes, and probation.
One of our skilled team members will review the charge against you, provide you with legal advice, and discuss the legal process with you in detail. Please contact us today by phone or email us using the form on this site to schedule a free consultation regarding your case.