Rudri Bhatt Patel is a former lawyer turned writer, editor, and educator. She's written locally and nationally on a variety of subjects including finance and law. She also teaches courses on essay and article writing.
Rudri Bhatt Patel
Rudri Bhatt Patel is a former lawyer turned writer, editor, and educator. She's written locally and nationally on a variety of subjects including finance and law. She also teaches courses on essay and article writing.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
San Diego is known for an array of fun tourist attractions—the Gaslamp District, SeaWorld and its world-famous zoo. Tourists and locals alike want to enjoy these fun and vibrant spaces and that means getting on the road to reach their destination.
If you choose to drink and drive, there is a possibility of being stopped for a suspected DUI. If that happens, check out this guide to find the best DUI lawyer in San Diego.
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Show Summary
- Best DUI Attorneys in San Diego, CA
- Compare Top DUI Attorneys
- DUI Laws in California
- Legal Blood Alcohol Concentration (BAC) in California
- What to Expect After a DUI Arrest in California
- How Can an Attorney Help You?
- How to Choose the Best DUI Lawyer in San Diego, California
- Methodology
- Frequently Asked Questions (FAQs)
Best DUI Attorneys in San Diego, CA
Compare Top DUI Attorneys
DUI Laws in California
Under California law, the crime of driving under the influence (DUI) occurs in the following situations:
- Driving with a blood alcohol concentration (BAC) of 0.08%.
- Driving while under the influence of drugs, alcohol or combination of the two to drive in California.
- Having the intention to drink and drive even if you don’t actually do so.
- Driving while you are addicted to drugs unless you are in a narcotics treatment program.
Understanding California DUI laws will help you decide how to find the best attorney suited for your situation should you be stopped for an alcohol-related offense while driving.
Legal Blood Alcohol Concentration (BAC) in California
For most adults in California, driving with a BAC of 0.08% or greater is a DUI crime. Stricter limits may apply if you are an underage driver or operating a commercial vehicle. Drivers under the age of 21 with a BAC of 0.01% or greater cannot operate a vehicle. California has a zero tolerance policy on underage drinking. For drivers who operate commercial vehicles, a BAC over 0.04% is illegal while driving.
Most first-time DUI offenses are considered misdemeanors. The penalties carry fines, license suspension and a requirement to take a DUI education program. In some instances, aggravating factors can raise a misdemeanor DUI to a felony. Those factors include the following:
- Drunk driving with at least one minor in the vehicle.
- Behaving in a belligerent way with officers.
- Causing an accident in which an individual is killed or harmed.
Implied Consent Laws in California
Implied consent laws apply all across the country. In California, implied consent generally means that an individual who is operating a motor vehicle on the roads and freeways consents to being tested for drugs or alcohol. If a law enforcement officer finds probable cause (reasonable grounds) to stop and arrest a driver for suspected intoxication, the driver must submit to this test. Officers are required to tell drivers that the BAC test is mandatory, and refusal to comply will lead to potential imprisonment and fines.
It is up to the officer’s discretion to request the test. A refusal for a first-time DUI results in a one-year suspension of your license and $125 reinstatement fee. A second refusal brings a two-year suspension and a third refusal brings a three-year suspension.
DUI Penalties in California
The penalties for a DUI vary depending on the severity of the charge. Most DUIs are considered misdemeanors, but can be charged as felonies if the following occurs:
- An individual is injured or
- You have a prior DUI felony conviction or
- You have three or more previous DUI convictions in the last 10 years.
Here are guidelines for the potential penalties you may face depending on the offense:
First DUI Offense (Misdemeanor)
- Jail: Up to six months in jail
- Fines: $390 to $1,000 (or more depending on additional fees)
- Probation: From three to five years
- Court-approved DUI classes: Three to nine month court-approved alcohol education course
- License restriction/Ignition interlock device (IID): At least six months. Typically, an IID is not mandatory for a first-time DUI, but without an IID the DMV will suspend your license for four months. After 30 days you can receive a restricted license to drive to work for five months.
Second DUI Offense (Misdemeanor)
- Jail: Up to 96 hours to one year in county jail
- Fines: $390 to $1,000 (or more depending on additional fees)
- Probation: From three to five years
- Court-approved DUI classes: 18 to 30 months of court-approved alcohol education course
- License restriction/Ignition interlock device (IID): At least one year. If you choose not to get an IID, the suspension of the license is at least two years. After one year, you can get a restricted license to drive to and from work.
Third DUI Offense (Misdemeanor)
- Jail: Up to 120 days to one year in county jail
- Fines: $390 to $1,000 (or more depending on additional fees)
- Probation: From three to five years
- Court-approved DUI classes: 30 months of court-approved alcohol education course
- License restriction/Ignition interlock device (IID): At least two years. If you choose not to get an IID, the suspension of your license is at least three years.
DUI with Injury (Misdemeanor)
- Jail: From five days up to one year in county jail
- Fines: $390 to $5,000 plus restitution to the injured party
- Probation: From three to five years
- Court-approved DUI classes: Three, 18 or 30 months of court-approved alcohol education course
- License restriction/Ignition interlock device (IID): At least six months. If you choose not to get an IID, the suspension of the license is at least one year.
First Offense with Injury (Felony)
- Jail: 16 months to 16 years in state prison
- Fines: $1,015 to $5,000 plus restitution to the injured party
- Probation: From three to five years
- Court-approved DUI classes: 18 or 30 months of court-approved alcohol education course
- License restriction/Ignition interlock device (IID): At least one year.
Felony DUI
- Jail: 16 months, two years, or three years in state prison
- Fines: $390 to $1,000 plus restitution to the injured party
- Probation: From three to five years
- Court-approved DUI classes: 18 or 30 months of court-approved alcohol education course
- License restriction/Ignition interlock device (IID): License suspension up to five years.
What to Expect After a DUI Arrest in California
If a police officer has probable cause to stop you and arrests you for suspected intoxication while operating a motor vehicle or boat, you are required to take a BAC test under the implied consent laws. If you refuse to take the breath or blood test or your BAC returns higher than 0.08%, you will lose your right to drive.
You may face jail time, but expect to be released within a few hours if there are no aggravating factors. A DUI arrest will trigger the DMV to suspend your license. You have to request a hearing within 10 days of your arrest, and if you fail to do so your license will be suspended 30 days from your arrest. If you request the hearing within the timeframe, you will be able to drive between the date of your arrest and the time of your hearing.
After arrest, you may be booked and face additional penalties if convicted. Contacting an attorney is paramount to guiding you through the legal process.
How Can an Attorney Help You?
An attorney can be powerful ally in helping you defend your DUI charge in several of the following ways:
- Review specifics at the initial consultation. An attorney will go over the circumstances of your case and information related to your arrest and will evaluate any field sobriety tests and breathalyzer results.
- Evaluate your case. An attorney will review evidence, police reports and other documentation with regard to your case. They will take a look at the prosecution’s case and work on potential defenses.
- Devise a legal strategy. An attorney creates a legal plan for your case, including whether to question the legality of the traffic stop or contest the validity of the sobriety tests. It is the attorney’s role to help suppress evidence that was obtained improperly.
- Representation in court proceedings. An attorney represents you in all matters that require a court hearing. After your DUI charge, there will be an administrative hearing regarding your driver’s license. The attorney can contest the license suspension or request a restricted license.
- Negotiation. An attorney can broker negotiations with the prosecutor for a reduced charge, lesser penalties or alternative sentencing options.
- Knowledge of local courts. An attorney familiar with court practices and local rules will help you to put your best foot forward in court.
- Enrollment in alcohol or treatment programs. An attorney can help you enroll in a program which can show a good faith effort to the court and lessen penalties.
How to Choose the Best DUI Lawyer in San Diego, California
Finding the right DUI lawyer is essential to your defense, and finding the right lawyer for your personality is important. Here are the key elements to look for when choosing a lawyer:
- Look at online reviews and results. Conduct a search for lawyers online and determine what others have said about them. Also, many lawyers post their successful results. If you want to probe further, ask the lawyer for references and phone numbers.
- Investigate qualifications. Check the California Bar website to determine if the lawyer is subject to any past or present disciplinary actions. You can also check the status of their license and if they have any specializations or board certifications in a particular area of law.
- Seek a consultation. Many attorneys will offer a consultation. From this initial meeting you can determine their communication style and whether or not you feel like this attorney is the right fit for you.
- Consider their availability. The lawyer you choose has to be available to take on your case and work with you from start to finish. Ask the lawyer about their workload and how frequently they will be communicating with you about your case. Pay attention to how well the office is staffed.
- Ask about rates and payment plans. Before you decide on any lawyers, make certain you’re clear about the lawyer’s rate. Ask if they bill hourly or charge a flat fee. If you can’t pay the lawyer in a lump sum, inquire about payment plans.
Methodology
To come up with the best DUI lawyers in San Diego in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Under California laws, for a first-time DUI, will your license be suspended?
Yes, your driver’s license can be suspended for up to six months. It is possible to request a hearing to receive a restricted license to drive to work.
How much time do you have to request a DMV hearing in California?
Under California statutes, you have 10 days from the date of your arrest to request a DMV hearing. If you fail to appear or request a hearing, your license could be suspended for up to six months. A DMV hearing isn’t automatic— you have to make the request.
How much does it cost to hire a DUI attorney in San Diego?
It can cost from several hundred to thousands of dollars to defend a DUI case. Each case is different depending on the circumstances and complexity. Some attorneys may charge a flat fee while others may bill hourly. At your initial meeting with the attorney, ask specifics about pricing, payment arrangements and whether they will agree to payment plan options.
