Defending Against DUI Charges in San Diego: Strategies to Protect Your Rights
Facing a driving under the influence (DUI) charge in San Diego can be a stressful and overwhelming experience. As a law firm dedicated to protecting the rights of our clients, we understand the importance of developing a comprehensive legal strategy to address both the criminal and administrative aspects of a DUI case. In this blog post, we’ll explore the key elements of DUI defense and the steps you can take to build a strong case.
Understanding the Relevant Laws
In California, the primary DUI laws are found in the Vehicle Code. Section 23152(a) prohibits driving under the influence of alcohol or drugs, while Section 23152(b) makes it illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. Additionally, Section 23153 covers DUI offenses that result in injury or death.
It’s important to note that California also has an implied consent law (Vehicle Code Section 23612), which requires drivers to submit to chemical tests (such as a breathalyzer or blood test) upon arrest for DUI. Refusal to take these tests can lead to administrative license suspension by the DMV.
Challenging the DUI Arrest and Chemical Tests
One of the most effective strategies in DUI defense is to challenge the legality of the traffic stop and arrest. If the officer lacked probable cause for the initial stop or the subsequent arrest, the DUI charge may be dismissed. Additionally, issues with the administration or reliability of the chemical tests can undermine the prosecution’s case.
Seeking Reduced Charges or Alternative Sentencing
Depending on the circumstances of your case, it may be possible to negotiate a reduced charge, such as a “wet reckless” offense, or to seek alternative sentencing options. First-time offenders may be eligible for diversion programs that allow them to avoid a criminal conviction.
Contesting the DMV Administrative Suspension
Separate from the criminal case, the DMV may initiate an administrative process to suspend your driver’s license. It’s crucial to request a DMV hearing to contest this suspension, as this could allow you to retain your driving privileges during the DUI case.
Conclusion
Defending against DUI charges in San Diego requires a comprehensive legal strategy that addresses both the criminal and administrative aspects of the case. By working with an experienced DUI defense attorney, you can explore the available options and develop a tailored approach to protect your rights and minimize the potential consequences.
If you or a loved one is facing a DUI charge in San Diego, don’t hesitate to contact the Law Office of Sean M. Hobson for a consultation. Our team of skilled attorneys is dedicated to providing the personalized legal representation you need to navigate this challenging situation.