DUI/DWI Defense

San Diego DUI Defense Attorney

California prosecutors charge DUI under two independent theories. Under Vehicle Code § 23152(a), the prosecution must prove your ability to drive was actually impaired by alcohol or drugs. Under § 23152(b), they only need to show your blood alcohol concentration was 0.08% or higher — regardless of whether you appeared impaired. Most DUI cases are charged under both counts, and either one alone is enough for a conviction.

The consequences escalate quickly. A first-offense DUI carries up to six months in jail, fines up to $1,000 plus assessments, a six-month license suspension, and mandatory DUI school. A second offense within ten years means a minimum of 96 hours in jail and a two-year license suspension. A third offense requires at least 120 days. A fourth DUI within ten years is a felony carrying potential state prison time under Vehicle Code § 23550.

If you’ve been arrested for DUI in San Diego County, the clock is already running. You have ten days from your arrest to request a DMV hearing or your license suspension takes effect automatically. Contact Angelo at (858) 255-1803 or request a free consultation online.

How Angelo Defends DUI Cases in San Diego

A DUI charge is not a conviction. Every stage of a DUI case — the traffic stop, the field sobriety tests, the chemical testing, the arrest itself — involves procedures that officers must follow correctly. When they don’t, it creates opportunities that an experienced defense attorney can use.

Challenging the Stop and the Arrest

An officer needs reasonable suspicion of a traffic violation or criminal activity to pull you over. If the stop was based on a hunch rather than specific, articulable facts, the evidence that follows may be suppressible. The same applies to DUI checkpoints — under Ingersoll v. Palmer, checkpoints must meet strict constitutional requirements including supervisory oversight, neutral vehicle selection criteria, and minimal detention. Angelo scrutinizes the circumstances of every stop and arrest for constitutional violations that can reshape your case or lead to dismissal.

Challenging the Chemical Test Results

Per se DUI under § 23152(b) requires proof that your BAC was at or above 0.08% at the time you were driving — not at the time you were tested. Because blood alcohol levels rise after your last drink before they fall, there is often a gap between the traffic stop and the chemical test that creates a viable rising blood alcohol defense, as recognized by the California Supreme Court in People v. McNeal.

Breath testing instruments require proper calibration and maintenance. Blood samples must be drawn, stored, and analyzed according to established protocols. Deviations from these procedures can undermine the reliability of the results — and the prosecution’s case.

See also: Drug Offenses (for drug DUI charges under Vehicle Code § 23152(f))

The DMV Hearing: A Separate Fight With a 10-Day Deadline

Most people don’t realize that a DUI arrest triggers an automatic administrative license suspension through the DMV — entirely separate from the criminal case. Under Vehicle Code § 13558, you have just ten days from the date of your arrest to request a hearing to contest the suspension. Missing this deadline means losing your right to challenge it. Angelo handles both the criminal defense and the DMV hearing, ensuring your driving privileges are protected on both fronts.

• First-offense DUI — Up to 6 months jail, $390–$1,000 in fines plus penalty assessments, 6-month license suspension, 3–9 month DUI school (Cal. Veh. Code §23536)
• Second DUI within 10 years — 96 hours to 1 year jail, 2-year license suspension, 18–30 month DUI school (Cal.Veh. Code § 23540)
• Third DUI within 10 years — 120 days to 1 year jail, 3-year license revocation (Cal.Veh. Code § 23546)
• Fourth or subsequent DUI — Felony charge, 16 months to 3 years state prison, 4-year license revocation (Cal. Veh. Code § 23550)