SAMUEL SPITAL AND ASSOCIATES

Best San Diego DUI Attorneys

Samuel Eugene Spital

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WHY YOU NEED A TOUGH, SMART and EFFECTIVE DUI DEFENSE LAWYER

If you are accused of driving under the influence, DUI or DWI in San Diego, the consequences of a conviction are severe  and can include (1) large fines; (2) penalties; (3) driver's license suspension or revocation; (4) jail time; and (5) higher vehicle insurance premiums to a point where they may not be affordable. If you are found guilty of drunk driving, DUI or DWI, you will have a DUI conviction on your criminal record. The penalties for a DUI become even more severe if you are a repeat offender, or if anyone was injured as a result of the DUI or driving under the influence of alcohol or drugs.

As of January, 2009, the California legislature has lowered the threshold blood alcohol level (BAC) for drivers who have previously been convicted of a DUI . If you are on probation for driving under the influence, DUI or DWI, the Superior Court now can make a ruling you are a "repeat offender" if there is ANY MEASURABLE ALCOHOL on your breath (this is in sharp contrast to the normal .08 percent BAC that is needed to estblish intoxication).

CONTACT OUR EXPERIENCED

SAN DIEGO DUI DEFENSE ATTORNEYS

DUI charges call for serious help . If you work for the government or apply for a government position and/or have a professional license from the State of California (Real Estate Agent or Broker; Medical Doctor; Registered Nurse; Licensed Vocational Nurse, Social Worker; Psychologist; Contractor; Teacher; Attorney, etc.), the consequences of a DUI conviction can include termination of employment, a denial of licensure, a suspension, revocation or havingto be placed on probation. We handle both criminal defense cases in San Diego and professional state Board licensing cases throughout California and will be able to answer all of your DUI questions. Because your future is at stake, you should retain the services of a law firm that focuses on DUI defense and takes your charges as seriously as you do.

We understand the effect a DUI conviction will have on you, your career, your family and your future. Everyone would like to know they obtained the least expensive attorney, but this should not be the motive in selecting legal counsel .

The DUI attorneys that give bargain-basement prices actually handle huge quantities of driving under the influence cases, leaving you little opportunity to obtain personal service.

On the other hand, if they have not practiced Criminal Law Defense for 30+ years ,  it is likely they do not have the specialized DUI knowledge, long history of driving under the influence experience and requisite skills and ability defending DUI clients and, therefore, your chances of accomplishing the results in your DUI case you desire are severely limited. At Spital and Associates, our team of top San Diego DUI Attorneys have 30 years experience handling DUI cases in San Diego .

With a DUI conviction, you will look back and ask yourself is that the best result you could have achieved for your driving under the influence case. The way to assure yourself you are not getting a low-cost DUI lawyer who is not going to fight for you as if yours is his only case is to obtain the team of the best San Diego DUI Defense Attorneys at Spital and Associates, paying at all times only a reasonable fee so that the necessary work can be performed. You do not want a mediocre lawyer or one that will cut corners because he gave you a cut-rate fee. We discount our prices to military, students and seniors. We will also take into consideration your financial situation if you wish to share that with us.

Our Top San Diego DUI Defense Attorneys will thoroughly investigate your DUI charges to ensure that your rights were not violated and that the police followed proper procedures in the driving under the influence case  . If we find a basis, we will challenge: (1) the police officer or sheriff's DUI stop; (2) all of the procedures that followed in the DUI case, including any sobriety test, breathalyzer test or blood test; (3) any evidence seized in your driving under the influence matter and/or (4) any statements you may have inadvertently made to the police as a result of the DUI charges that are filed against you.

As your best San Diego DUI Defense Attorneys, we want to protect your rights . We are top SAN DIEGO DUI DWI DEFENSE LAWYERS that have 30+ years of DUI experience and can make the difference in your driving under the influence case. Because we handle all types of criminal cases along with DUI and drunk driving defense, we have the knowledge of best practices and procedures, all facets of criminal law, Constitutional guarantees, as well we sentencing guidelines and penalties in both DUI and all other misdemeanor and felony cases to be able to argue for the best sentence or resolution of your DUI case . Far too often, the prosecutors focus on DUI, drunk driving, DWI and driving under the influence cases as if they were looking at them through a microscope, and they lose sight (no pun intended) of the big picture as it applies to all criminal law matters. For your personal, experienced and best San Diego Drunk Driving Attorneys, call Sam Spital and Associates now to schedule a confidential free DUI consultation with a senior attorney (no paralegals, no law clerks, and no novice lawyers.

As your San Diego DUI Lawyers, we will also handlle the driver's license DMV revocation or suspension DMV Administrative Hearing . When you retain us as your driving under the influence defense attorneys, we will represent you in both the Superior Court DUI case as well as the DMV administrative hearing, which we recommend (if requested within 10 days of the police encounter) because the DMV hearing will often give us further insight into the criminal charges, provide an adavance examination of the police report and associated evidence, plus an opportunity to question the arresting officer prior to your criminal trial if he testifies.

In those driving under the influence, drunk driving and DUI cases in which there may be property damages and/or personal injuries as a result of a DUI arrest or DUI charge, we are available to assist you in resolving the DUI matter with the Auto Insurance Company (the adverse insurer and/or even your own . Remember that even if you have insurance, it is important to have your own advocate to assure the DUI matter is quickly resolved and the resolution for your DUI case effectively focuses on the mitigating facts that can be shown on your behalf.

Don't assume your arrest for a DUI, driving under the influence, drunk driving or DWI will be private . It is not uncommon to get dozens of letters from attorneys soliciting your case after the DUI arrest. These lawyers purchase a list of the names and addresses of individuals that have been arrested for a DUI, driving under the influence, DWI or drunk driving offense (typically called "jail mail"). These letters can be annoying, but more importantly they will be received by anyone who is at your address of record (on your driver's license), which includes, spouse, children, etc. For those who use their employer's address on their driver's license, the consequences can be even more grave. While we know our DUI clients are innocent until proven guilty, if at all, there are far too many in the public sector that treat the drunk driving arrest, DUI arrest, or driving under the influence charge as evidence of wrongdoing and the "spin" comes from their negative perception.

CONSEQUENCES OF A DUI in SAN DIEGO: 

• San Diego County Jail or state prison incarceration
• A permanent criminal record
• Significant DUI  fines
• Probation or Parole
• Mandatory AA classes and counseling
• Losing your right to own a deadly weapon
• Unable to obtain &/or difficulty with employment
• Lifetime revocation of your California Driver's License
• Being subject to denial of a State Board license or having your professional license suspended or revoked (see http://www.spitalaw.com/ - Professional Licensing)

DEFENSES

TO A DUI CASE WE ARGUE

- INCLUDING -

MISTAKES MADE BY ARRESTING OFFICER

ILLEGAL ARREST BY LAW ENFORCEMENT OFFICER

UNRELIABLE DUI BREATH TEST

INAPPROPRIATE DUI BREATH TEST

INCONSISTENT DUI BREATH TESTS

INADMISSABLE DUI BREATH TEST

INCONSISTENCIES SHOWN BY VIDEO TAPE &/or INDEPENDENT WITNESSES

INADMISSIBLE BLOOD TEST RESULTS

INAPPROPRIATE BLOOD TEST RESULTS

1. Did you know that the law enforcement officer who stops your vehicle has to observe you for an entire 15 minutes before taking the breath sample. As your best San Diego DUI Attorneys, we will determine whether you were left alone or out of the sight of the officer at anytime prior to taking the test, including being placed in a holding room or cell, using the men's restroom or making a telephone call. Similarly, we will inquire whether the officer included any of the transportation time as part of the required 15 minute DUI observation period.
2. We will inquire whether you had trouble holding food/liquid down and/or began to vomit or belch during the 15 minute DUI observation period before the test.
3. Additionally, as your personal San Diego DUI Lawyers, we want to know if you belched or burped during the 15 minute DUI observation period before taking the DUI breath sample.
4. In certain San Diego driving under the influence, drunk driving, DUI, and DWI defense cases, we may determine that the DUI breath test is unreliable and inappropriate , and therefore the results and/or evidence obtained thereafter inadmissible in your DUI case. Some examples include the following:

We want to know if you have a medical condition , such as diabetes or is hypoglycemic because these individuals that consume alcohol can also produce a high acetone level which the body converts into isopropyl alcohol.

• We inquire if our San Diego DUI client has a dental problem, such as gum disease or gingivitis pockets around roots, dentures or bridgework. It has been reported that these conditions can trap mouth alcohol and contaminate the results of a DUI breath test.
• We want to know if prior to our DUI, driving under the influence, drunk driving and DWI client's arrest in San Diego, as your San Diego DUI Attorneys whether you were diagnosed with a hiatal hernia, reflux disease or an intestinal problem;
• We also want to know as our San Diego DUI, driving under the influence, drunk driving and DWI client as your San Diego DUI Lawyers, if you have a respiratory problem, such as asthma, bronchitis, emphysema or chronic obstructive pulmonary disease.
• Immediately preceding the San Diego DUI, drunk driving, DWI or driving under the influence arrest, as your San Diego DUI Defense Attorneys, if you used Breath Drops or mouth spray that contained alcohol.
• We inquire of our DUI, driving under the influence, DWI and drunk drivng clients in San Diego if they consumed alcohol that is an ingredient of Nyquil, Vicks Formula 44 or other brand cough medicine; we will also want to know if you used a lip balm, or possibly toothache drops if we are your personal San Diego DUI Attorneys.
• Similarly, there are other substances that may have been ingested shortly before the DUI breath test that may interfere with and/or produce incompetent test results, including products such as Skoal brand snuff.
• In your DUI, drunk driving, DWI, driving under the influence case in San Diego where there are independent witnesses, we will ascertain if your actions, behavior or conduct are inconsistent with and do not match the DUI breath test results.
• In the San Diego DUI, DWI, drunk driving or driving under the influence case where there is a Video tape, we want to know if it demonstrates your actions, behavior or conduct is inconsistent with and does not match the DUI breath test results.
• Recently, more and more of the San Diego population are on the Atkins high protein diet. We may be able to present an argument in the DUI case in San Diego that such an individual can trigger an auto-generated alcohol production when they introduce carbohydrates to their body, thereby converting ketones into isopropyl alcohol.
• If we are selected as your San Diego DUI Attorney, we will determine if there has been any recent exposure to toxic substances, volatile fumes, including lacquer substances, gasoline, paint, dry cleaning fluids or even brand 409 housecleaner, because they can produce a chemical interference with, and therefore, cause an elevated DUI breath test result.
• If you or a loved one is our DUI Defense client in San Diego and involved in an automobile accident and the air bag inflated, we can retain experts to determine if there was exposure to the propellant and/or lung and airway irritation causing fluid build-up from the caustic gas propellant.
• With 30+ years experience as your best San Diego DUI Lawyers, we want to know whether you had an elevated breath temperature at the time the DUI breath test was performed as a result of high fever, having recently used a sauna or hot tub, or was detained in the back of the patrol car in the summer, or if you were standing in the hot sun, dancing, running, heavy exercising, or for women who are having a menstrual cycle.
• We also inquire as your San Diego DUI Attorneys if you had a blowing pattern irregularity at the time of the DUI breath test, because it can produce artificially high water vapor and thereby cause the test to be unreliable, as in the case in which our client was crying.

We want to know if the officer failed to follow procedures and protocol , taught in the Academy and/or written in the training manual as your San Diego DUI, DWI, Drunk Driving Attorney.

• We will look at the officer's report if we are employed as your San Diego DUI Attorneys to find indications that support sobriety, are inconsistent with intoxication, or there is evidence that shows the officer did a poor investigation of alternative causes.
• We want to know if the San Diego law enforcement officer was properly trained in accordance with the DUI standards of Title 17 of the California Code of Regulations, including the theory behind the operation of the DUI breathalyzer machine.
• As your personal San Diego DUI DWI Lawyers, we want to know if there have been adequate and appropriate inspections of the DUI breathalyzer machine by properly trained DUI personnel.
• We will look for improper or inconsistent test results in your DUI, drunk driving, driving under the influence and DWI case in San Diego, and then determine if there were follow-up tests in that at least two (2) timely results are within 0.02% of each other.
• Another DUI defense we can raise is when there is an abnormally high DUI test result, but our San Diego driving under the influence, DUI, drunk driving and DWI client does not urinate for 3, 4 or more hours since this is not physiologically possible.
• If there is a rising blood alcohol level, there may be sufficient evidence in your San Diego DUI case to argue the actual BA at the time you were driving would have been lower than the time you in fact were tested.
• If the San Diego law enforcement, police or sheriff obtains a BA reading below .08 and then waits to perform a second test in which he obtains a .08 and above reading in your DUI, drunk driving, DWI or driving under the influence case, we will assert a defense to this charge as well. Our skilled San Diego DUI attorneys look for at least two consecutive similar test results.
• If the officer refused your request for a second, independent DUI test and/or denied your request for a blood test, which is more reliable and deemed most accurate to obtain the BA, this is a valid and proper defense we will assert as your personal San Diego DUI Defense Attorneys.
• We will inquire whether the officer gave you a chemical test admonition that is too broad, including the case in which he threatens dire consequences and there is no factual basis for such a warning, and/or the officer misstates the consequences regarding the suspension of one's driving privileges.
• We want to know if the DUI chemical test was obtained over 3 hours after driving ended because there is a rebuttable presumption one's BA level was at or over the limit at the time of driving only if the DUI test is within 3 hours.
• If the officer makes an illegal, warrantless stop or arrests our client who is charged with a DUI, drunk driving, driving under the influence or DWI in San Diego without probable cause, we will argue it can invalidate the DUI charge.
• If the officer moves away from the location of the arrest, is subsequently fired, commits a crime and is indicted, retires or dies before the DUI, drunk driving, driving under the influence or San Diego DWI case goes to trial, we will use that to obtain a dismissal of your DUI case if you request us to be your DUI Attorneys in San Diego.
• And, there are many more driving under the influence, DUI, drunk driving and DWI defenses, including a determination as to whether the DUI test room was contaminated; there was interference from a cell phone, an officer's radio, or someone smoking in or near the machine or a recently painted room; a shared power supply with a heater or other appliance because any one of these events can potentially cause an artificially high BA reading in your drunk driving, DWI, driving under the influence or DUI case in San Diego;
• We also want to know if the DUI, DWI, drunk driving or driving under the influence Field Sobriety Tests were performed on a partial hill or slope in San Diego County, &/or a location in the County of San Diego that has heavy traffic.
• We want to know if there was a curved road at the location of the DUI arrest, as that can also affect our client's driving (possible DUI defense to weaving out of lane).
• We want to know as much as possible regarding the DUI test process, including:
• if the test operator has a current certification.
• when the DUI test machine was last certified.
• when the DUI test machine was calibrated.
• was the mouthpiece changed before the DUI test is given.
• was a written record of the temperature of the calibrating solutions in the DUI machine maintained.
• is there a written log of the DUI tests run for the test machine in question.
• how frequent the calibration solution has been changed in the DUI test machine.

- PROVEN DUI RESULTS -

Attorneys are bound by the California Rules of Professional Conduct and past performance is not an indicator of nor should it be used or relied upon as a basis to predict future results.

C: 3 ^rd DUI. RESULT: Wet Reckless Driving & NO JAIL TIME.

H: DUI & Failure to Appear. RESULT: DISMISSED.

M: DUI & >.08 BA. RESULT: DISMISSED.

W: DUI + drug charge. RESULT: Wet Reckless Driving.

H: 25-Years To Life. THIRD STRIKE OFFENDER w/ 4 current Additional FELONY charges. RESULT: 5.5 YEARS (w/ good behavior).

P: Felony Burglary + Grand Theft. RESULT: Reduced To MISDEMEANOR and NO JAIL TIME.

K: Drug Transportation + Unauthorized Use Of dealer Plates. RESULT: INFRACTION - Disturbing the Peace.

P: Imitation Firearm In Airport on 9/11. RESULT: DISMISSED.

V: Vandalism. RESULT: DISMISSED.

S: Weapons Possession + Failure To Appear. RESULT: Public Nuisance.

A: FOUR (4) Felony Probation Violations. RESULT: NO JAIL. Probation Terminated.

C: Battery. RESULT: Disturbing The Peace.

S: Felony Probation Violation. RESULT: NO JAIL TIME. Probation Reinstated

T: Grand Theft. RESULT: Petty Theft w/Reduction to Trespass After 18 Months.

B: DUI w/Probation. RESULT: DUI EXPUNGED and Probation Terminated 2 Years early.

DUI HEARING AFTER A

MOTION TO SUPPRESS

As your SAN DIEGO DUI Attorneys, our team of driving under the influence, DWI, drunk driving lawyers assigned to your DUI case in San Diego County will strategize and hold conferences to analyze the facts and circumstances, including the applicable laws and DUI defenses. In appropriate driving under the influence, DUI, drunk driving and DWI cases, we will file in the San Diego Superior Court a pre-trial Motion To Suppress. This is a legal document filed on your behalf in which we ask the Superior Court to exclude evidence the prosecutor is relying upon to win its case. If the San Diego Superior Court holds an evidentiary hearing, the officer will be required to testify. This is significant because each time the officer presents evidence, it affords one more opportunity for cross examination.

As your San Diego DUI Lawyers, we are looking for inconsistencies between the arrest report, testimony the officer may give at the DMV Administrative License Hearing and at this motion hearing. Credibility is a key test to the competency of a witness. Our client's defense is stronger and DUI, drunk driving, driving under the influence and DWI charges may also be dismissed if evidence can be excluded.

What is the difference between the

DMV hearing

and the criminal court DUI case?

The DMV hearing is an administrative hearing that deals solely with your driving privilege and the circumstances surrounding the DUI arrest, not whether you are innocent or guilty of criminal wrongdoing. At the San Diego County DMV Administrative Hearing, the following are the only issues:

• If you took a blood or DUI breath or (if applicable) a urine test :
  1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in San Diego County in violation of Vehicle Code Section 23140, 23152, or 23153 ?
  2. Were you placed under lawful arrest for the DUI charges?
  3. Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood at the time of your DUI arrest?
• If you refused or failed to complete a blood, DUI breath test, or (if applicable) a urine test:
  1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in in violation of Vehicle Code Section 23140, 23152, or, 23153 in San Diego County?
  2. Were you placed under lawful arrest for DWI, drunk driving, driving under the influence or DUI charges?
  3. Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
  4. Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a San Diego Police Officer or San Duego County Deputy Sheriff?
  

Please click this link:

DUI QUESTIONNAIRE

and after printing and then completing the questionnaire,

CALL SPITAL & ASSOCIATES

to handle your DUI case TODAY.

The DUI Chemical Test

If you are arrested for a DUI, drunk driving, driving under the influence or DWI, you have a choice of a breath or blood test if: (1) a DUI breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) you refuse to submit to chemical testing, your driver's license is immediately confiscated by the officer (unless you have an out-of-state license); you will receive a "pink" sheet of paper. This is your formal notice of immediate suspension and serves as a temporary license valid for 30 days.

If this is your first offense during the past 10 years, your license will likely be suspended for up to 4 months. We may be able to reduce this to 1 month suspension followed by 5 months in which you can drive with a work restriction if you file proof of enrollment in a DUI school and proof of insurance. If you refuse to submit to chemical testing in San Diego County, your driver's license can be suspended 1 year, and no work restriction is possible. If this is your second offense within 10 years, the prosecutor will demand a 1-year suspension and a 2-year suspension if there is a refusal. You have only 10 days to call the Drivers Safety Office of the Department of Motor Vehicles to contest the suspension at a DMV Administrative Hearing in San Diego County. A late request may be obtained in very limited circumstances.

The Implied Consent Law

By driving in California, you are deemed to give implied consent (consent/agreement in advance) to the taking of a chemical test [blood or breath (or on very rare occasions urine)] if you are arrested for a DUI in San Diego.

If you refuse to take a chemical test when asked to do so by the San Diego law enforcement officer who makes the arrest, DMV will consider your actions as a "refusal" because you have arguably broken your implied agreement to take a chemical test.

The "Refusal"

If you are arrested for a DUI in San Diego County and refuse to take a chemical test, you are deemed to have broken your implied consent/agreement. Accordingly, there are penalties for such a refusal. One of the consequences is that DMV will start an administrative action to suspend or revoke your driver's license. Also, the prosecutor will request the San Diego Superior Court sentence you to a more harsh penalty if you are convicted of a DUI, drunk driving, DWI, or driving under the influence

Defenses to a Refusal

At Sam Spital and Associates, we look for DUI defenses to a refusal. They may involve some type of "confusion" on the part of the client. First, iat the time you are arrested for a DUI, DWI, drnk driving or driving under the influence, if you have a medical condition that renders you incapable of understanding what is going on, such as head trauma from a car accident, then we can assert a defense to the penalties associated with a "refusal" in your San Diego DUI case. Second, if the officer confused you by the way the implied consent rules were explained to you, we will also assert this as a defense to the DUI, drunk driving, DWI or driving under the influence charges. Third, if the officer mistakes, incorrectly states or omits to state the consequences of refusing the DUI test, we also have a basis to assert a defense to a refusal action in your San Diego driving under the influence, DWI, drunk driving and DUI case.

Penalties for a Refusal

Ordinarily if you have no prior DUI, your driver's license will be suspended for one (1) year if you refuse to take a chemical test and there are no DUI defenses that can be asserted on your behalf in your San Diego DUI case. If you were convicted of DUI or "wet reckless" within the previous ten (10) years, your driver's license will be revoked for two years. Your license will be revoked for three years if you receive two or more priors in ten years.

If you have a commercial drivers license and this is your second refusal in a lifetime, you are disqualified from ever holding a commercial license again for the rest of your life.

DRIVER'S LICENSE HEARING DEADLINE

You have ONLY ten (10) calendar days from your arrest to request a DMV hearing                in San Diego, or we will do it for you if we are retained as your San Diego DUI Defense Attorneys in sufficient time.

Otherwise, your California driver's license will be suspended.

We recommend requesting a DMV Administrative Hearing in San Diego for your DUI arrest. There may be an opportunity to have the suspension thrown out; even in the worst scenario, your suspension will generally take effect later than the 30 days you are given to drive after being arrested.

The DMV Administrative Hearing after the drunk driving, DUI, driving under the influence or DWI arrest is conducted in San Diego by a hearing officer who is a State of California employee. This person is generally not an attorney, but acts as the "judge" and "prosecutor." He can, for example, rule on his own objections. The hearing is conducted like a miniature trial, without a jury and with very relaxed rules of evidence. Testimony can be produced by both sides, although the DMV Hearing Officer after the San Diego DUI arrest usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit.

If you are arrested for a DUI, drubk driving, DWI or driving under the influence in California, you will be prosecuted by two agencies, the City Attorney/District Attorney and the Department of Motor Vehicles. Each agency handles their matters differently. The criminal justice system is a complicated system and the consequences of a San Diego DUI are severe. If this is your first offense, the minimum sentence in San Diego County is 3 years probation on condition: (1) you pay a fine plus penalty assessment plus fees. Penalty assessment is the state tax of 200%. Depending on the jurisdiction, the fine totals $1200 to $1500. (2) you receive a 90-day license restriction or 48 hours in County Jail. (3) you attend a 90-day alcohol program in San Diego, once a week for 90 days. Not all jurisdictions allow a restricted license instead of a mandatory period in jail. Some Courts require Formal Probation, while most San Diego Superior Court judges require Summary or Court Probation (without a probation officer). You may end up in the San Diego County Jail for a maximum of 6 months on a first offense and 1 year for a second or third offense. Our San Diego DUI Defense Attorneys find jail time is somewhat unusual in most first offense cases if you are convicted in a DUI case in San Diego County.

Sentencing and Probation

There are three (3) factors that enhance the seriousness of a San Diego DUI, drunk driving, DWI or driving under the influence charge: Driving, intoxication, and a prior record. Concerning the "driving" factor, increased penalties in your DUI case arise from being involved in an accident in San Diego County, if there are injuries (can result in felony filing) and/or if you are speeding (more than 20 mph on a street or more than 30 mph on a freeway over the speed limit, exceeding 100 mph, driving on the wrong side of the road, and/or driving with children in the car). The higher the reading of intoxication, the more serious the offense becomes. If your blood alcohol is "twice the legal limit of .08%" (a reading of .16%) ora reading of .20% or higher, the San Diego Superior Court may impose an enhanced sentence; this can include an increased program length from three to six months, public works service, and in rare cases, possibly County Jail time, etc. If you face a second DUI, second driving under the influence, second DWI or a  second drunk driving case the penalty can be much worse than a first offense. A third is much worse than a second. A fourth within 10 years is usually a felony. Whether probation on the prior DUI, drunk driving, driving under the influence or DWI offense is still in effect is a factor. Older prior cases (regardless of the location) can carry less jail time than recent ones in your San Diego County DUI case.

The DMV generally seeks to take your driver's license away for four months on a first offense, one year for a second offense, and three years for a third offense. At the time of your arrest in San Diego County, the officer will take your driver's license away, and you will receive a temporary license, valid for only 30 days. If you fail to request a DMV hearing in San Diego within 10 days of your DWI, drunk driving, DUI or driving under the influence arrest, there is an automatic four-month suspension.

We are also aware of the consequences of a conviction as it relates to employment, the military and future professional career options. Because we also practice in the areas of employment law and administrative law, we seek to inform our clients as to the effect of a conviction on their current employment, future applications they submit to employers, background investigations, access by government agencies to arrests, and professional licensing by state agencies, including but not limited to the Board of Registered Nursing,  Medical Board, Department of Real Estate, Board of Pharmacy, Board of Behavioral Science, Board of Psychology, Board of Optometry, Board of Veterinary Medicine, Department of Insurance, and all of the other state Boards and Bureaus as well.

Other Major Traffic Violations

At Samuel Spital & Associates, our San Diego DUI Defense Attorneys handle the following serious traffic violations:

1. Driving Under the Influence, Drunk Driving, DUI and DWI;

2. Minor In Possession (MIP)

3. Hit & Run

4. Misdemeanor Moving Violations

5. Driving While License Suspended

6. Driving While License Revoked

7. Reckless Homicide

8. Criminal Vehicular Operation or Manslaughter

9. Careless or Reckless Driving

10. Leaving the Scene of an Injury Accident

DUI and traffic charges in San Diego are almost always extremely time sensitive. Please call Spital and Associates as your San Diego DUI Attorneys at 619.583.0350 and speak with the Managing Attorney (no paralegal, no law clerk, no secretary). You can also send Sam Spital an e-mail now so that we can help in your Drunk Driving, DWI, driving under the influence or DUI arrest in San Diego County.

DUI ACCIDENTS

What we will do for you: In those instances in which our DUI client has been involved in a single car automobile accident as a result of the DUI, or involved in an accident with another vehicle and/or there is injury to a third person who is involved in a collision, we assist you in resolving that aspect of the DUI case as well. This not only involves issues concerning (1) probable cause as it relates to the criminal side of the case as in the situation where the officer did not observe our client "driving;" but may involve (2) an insurance carrier wrongfully denying coverage because the accident is deemed "intentional" and as such is excluded from coverage; as well as those cases in which (3) there is an alledged victim that seeks recovery from our DUI, drunk driving, driving under the influence or DWI client (in this situation we want to resolve this accident claim as early as possible as it is important in the case of "restitution" that the San Diego Superior Court demands in the underlying DUI case). Our team of San Diego Personal Injury Lawyers that handle accident cases on a regular basis gives us the insight to focus on and achieve a global resolution for our DUI clients.

A timely report must be filed with DMV. Vehicle Code section 16000 (a) states as follows: "The driver of a motor vehicle who is in any manner involved in an accident originating from the operation of the motor vehicle on a street or highway, or is involved in a reportable off-highway accident , as defined in Section 16000.1, that has resulted in damage to the property of any one person in excess of seven hundred fifty dollars ($750 ), or in bodily injury , or in the death of any person shall report the accident, within 10 days after the accident, either personally or through an insurance agent, broker, or legal representative, on a [ SR-1] form approved by the department, to the office of the department at Sacramento, subject to this chapter [emphasis added]. The driver shall identify on the form, by name and current residence address, if available, any person involved in the accident complaining of bodily injury.

Therefore, it is important you have immediately contacted your insurance carrier to file the report (this is a SR-1 form) within the 10 day period with DMV or provided the form in order that you can file it directly with DMV during the 10 day period of time.

If injuries are involved in your DUI arrest, always request CHP or the police to prepare an accident report. Vehicle Code section 20008 (a) states: "The driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report of the accident to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred [emphasis added]. If the agency which receives the report is not responsible for investigating the accident, it shall immediately forward the report to the law enforcement agency which is responsible for investigating the accident.

Consequences of failing to filing a report with DMV: Vehicle Code section 16070 (a) states as follows: "Whenever a driver involved in an accident described in Section 16000 fails to provide evidence of financial responsibility, as required by Section 16020, at the time of the accident, the department shall, pursuant to subdivision (b), suspend the privilege of the driver or owner to drive a motor vehicle, including the driving privilege of a nonresident in this state.

Vehicle Code section 16070 (b) states: Whenever the department receives an accident report pursuant to this article that alleges that any of the drivers involved in the accident was not in compliance with Section 16020 at the time of the accident, the department shall immediately mail to that driver a notice of intent to suspend the driving privilege of that driver. The department shall suspend the driving privilege 30 days after mailing the notice, unless the driver has, prior to that date, established evidence of financial responsibility at the time of the accident, as specified in Section 16021, with the department. The suspension notice shall notify the driver of the action taken and the right to a hearing under Section 16075.

The DMV can restrict your license to drive for one year if you fail to file the required SR-1 form. Hence, it is important you follow up with your insurance agent &/or go to DMV yourself to be certain the SR-1 form is filed. If you did not have insurance at the time of the accident, DMV can suspend your license up to four years [after the first year, however, you can re-instate your driving privilege if you show proof of insurance].

Alcohol Facts

Drunk Driving Statistics:

In the most recent survey conducted by the National Highway Traffic Safety Administrative (NHTSA), in 2007 there were 1.4 million DUI arrests (geater than the combined number of arrests for arson, burglary, robbery, and vehicle theft combined). In California, there were over 204,000 arrests for drunk driving, DUI, DWI or driving under the influence. In the United States, deaths involving alcohol-impaired driving were nearly 13,000, which constitutes nearly 32% of all fatalities. Even more compelling is the fact that nearly 70% of all fatal crashes involvied drunk drivers and no other vehicle was involved .The time of the day when most fatalities involving drunk driving, is 12:00 am (midnight) to 3:00 a.m. Lastly, and even more concerning is the fact that 30% of the population is expected to be involved in a alcohol related DUI accident during their life time.

Types of alcoholic beverages:

(1) Beer - made from cereal grains (corn, rice) & malt. Malt is sprouted Barley. The enzymes in the malt converts the grain to sugar, then yeast changes the sugar to alcohol. Hops (the blossoms of the hop plant) are added to the mixture for taste.In the U.S. the alcohol content of beer is limited by law to 5%. If the alcohol content is above 5% it cannot be called beer. Mostly this next level of alcohol content is malt liquor.
(2) Malt liquor - has an alcohol content of 5% to 7%.
(3) Wine - is made from fruit & has an alcohol content from 8% to 14%.
(4) Fortified wine - is wine + brandy for more alcohol content.
(5) Wine coolers - made for teenagers (this is white wine + soda pop), because the transition from sweet-tasting pop to sweet tasting wine is easy.

LIQUORS

(1) Vodka - as it is manufactured in the U.S. has no smell, no taste, and it is not aged. Those familiar with the subject contend there is no difference between expensive vodka and cheap vodka.
(2) Gin - is vodka with Juniper berries added for taste. Both vodka and gin are pure alcohol with water added.
(3) Rum - comes from sugar cane.
(4) Bourbon - made from corn alcohol aged in charred oak barrels. Jack Daniels is not a bourbon because it is "charcoal filtered".
(5) Scotch - made from malt and other grains and aged in barrels which were previously used to age sherry. The malt has been dried over burning peat.
(6) Brandy - distilled wine
(7) liqueur - brandies with flavor added. About 20% alcohol, higher than wine but less than whiskey.

Alcohol Absorption

Some alcohol is absorbed from the stomach but most is absorbed through the small intestine.

Factors influencing the absorption rate of alcohol:

(1) The amount and kind of food we eat.
(2) The content of alcohol - being drunk.
(3) Our mood. Fear and anger causes the stomach to dump its contents into the small intestine (including the alcohol). Since most of the alcohol is absorbed in the small intestine we get drunk quicker.

Blood alcohol level:

% BAL: This is the effect that alcohol has on humans.

.05 Behavioral effects start, there is lower alertness, release of inhibitions, impaired judgment, often dashing and debonair.
.10 Slowed reaction time, impaired motor function, less caution, dangerous and devilish behavior.
.15 Large increases in reaction time
.20 Decidedly intoxicated, marked reduction in sensory & motor functions. Dizzy and disturbing.
.25 Staggering, sensory perceptions greatly impaired, considered "smashed".
.30 Conscious but stuporous, no comprehension of the world around them, delirious, disoriented. Decidedly drunk.

.35 The equivalent of surgical anesthesia, considered dead drunk.
.40 If your BC is this high, there is a fifty fifty chance you are dead.
.60 This is a BAC of someone who is definitely dead.

Once alcohol is in the blood it is distributed very quickly based upon these factors:

(1) Body weight - the larger a person is there is more volume for distribution so increased body weight contributes to lower blood alcohol content or blood alcohol level.
(2) Muscle mass - alcohol absorbs more readily into muscle mass than into fatty tissue. Therefore, the more muscular an individual is there will be a lower blood alcohol level (in contrast to an individual with more fatty tissue).

Alcohol metabolism:

(1) Alcohol dehydrogenase (an enzyme) & the liver are responsible for metabolism of most of the alcohol. 2) The primary by product is acetaldehyde.

The amount of alcohol the liver can metabolize in an hour is .3 oz. of absolute alcohol (.6 of 100 proof), regardless of how much alcohol is in the body or the blood alcohol level. Hence, when anyone drinks more than .3 oz per hour the blood alcohol level increases.

We would never suggest that anyone drive after drinking. However, it is noteworthy that unless one is alcohol dependent, pregnant, or suffers from liver, pancreas, or kidney disease, the health advantages of having one or two drinks a day [clearly at home and in a location where there will be no risk of a DUI or other adverse incident(s)] has been reported to outweigh the disadvantages. Alcohol in this amount as a general rule increases HDL ("good cholesterol"), which is associated with lowered blood pressure and decreased risk of stroke and heart attack. Some physicians even urge certain patients to drink 1-2 ounces of alcohol if they are hypertensive, or for patients who are recovering from heart attack or stroke.

JURY TRIAL

If your DUI, DWI, driving under the influence or drunk driving case goes to trial (statistics report only about 1-2% of all cases are not settled and go to trial), you should want our experienced San Diego DUI Attorneys. In choosing a "jury" rather than a judge trial, it is critical that the jurors who are selected are sympathetic to the DUI Defense case.

Who are the potential jurors that are likely to be sympathetic?

1. Blue-collar workers
2. Those who have had traffic tickets and fought them
3. Retired military personnel (noncommissioned)
4. Middle to lower-class individuals
5. Country music lovers
6. Easygoing, sociable and happy individuals
7. Those that drink beer, bourbon and who admit to drinking at least two drinks at a time (one sitting)
8. Individuals who seem under-dressed when they come to Court
9. Individuals who are not judgmental
10. Individuals who are not otherwise into physical fitness
11. As your skilled San Diego DUI Defense Attorneys, we will likely avoid choosing jurors who are in the insurance, engineering, computer and medical professions

DUI APPEALS

ADMINISTRATIVE PER SE IMMEDIATE DRIVER LICENSE SUSPENSION

The Administrative License Suspension Program, known as "Admin Per Se" (APS) became law in an attempt to be an immediate deterrent to anyone driving under the influence.

WHO IS AFFECTED?

The Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person arrested for driving under the influence of alcohol or a combination of alcohol and drugs (DUI), who:

• takes a chemical (blood or breath) test which shows a Blood Alcohol Concentration (BAC) level of 0.08% or more, or
• refuses to take or fails to complete a chemical (blood or breath)* to determine his/ her BAC level

*NOTE: A urine test is not available unless:

• the officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
• both the blood and breath tests are unavailable, or
• you are a hemophiliac, or
• you are taking an anticoagulant in conjunction with a heart condition.

WHAT HAPPENS TO YOUR LICENSE?

You will receive an Order of Suspension from the San Diego County law enforcement officer or CHP. If you have a valid California driver license, the officer will take your driver's license and then send it to the DMV. The Order of Suspension serves as your temporary license for 30 days from the issue date. At the end of the 30 days, the suspension action goes into effect. If the officer does not serve you with an Order of Suspension, however, the DMV will mail one to you. You should make certain the address on your driver's license is the one where mail is being sent.

The temporary license does not allow you to drive if there is another DMV- or court-imposed Driver's License action in effect.

This suspension is independent of any action the San Diego Superior Court will take if you are arrested for a DWI, driving under the influence, drunk driving or DUI offense.

WHAT ACTION DOES DMV TAKE?

The DMV conducts an administrative review which includes an examination of the officer's sworn police, sheriff or CHP report and any other relevant documents. If the review shows there is no basis for the suspension, the DMV will set it aside.

WHAT TO DO AFTER THE POLICE ENCOUNTER?

You have 10 days from receipt of the Order of Suspension to request an Administrative Hearing to show the suspension is not justified. If you retain Spital and Associates as your San Diego DUI Defense Lawyers within the 10 days, we will request the Administrative Hearing on your behalf. The DMV will conduct a telephonic hearing unless there is a request for an in-person hearing. The suspension will not be delayed unless:

• you request a hearing within 10 days from the issue date of the order, and
• DMV cannot provide a hearing before the effective date of the suspension.

Before the hearing, as your San Diego DUI Attorneys, we will demand to see and/ or obtain copies of the evidence the DMV will be considering in issuing its Decision. While you may represent yourself, we recommend you retain legal counsel who is familiar with the applicable laws and the administrative process. At Spital and Associates,  our team of San Diego DUI Defense Lawyers, has handled hundreds of these hearings and we include this representation as part of the services we provide when we are retained as your DUI Attorney in the San Diego County criminal case. While you may be present and testify, unless our client's DUI defense is one of "actual innocence" (i.e. they did not have anything to drink at all) we generally do not have you testify at the DMV hearing as anything you say could be used against you in the criminal portion of your DUI, drunk driving DWI or driving under the influence case.

The DMV ordinarily does not arrange to have the peace officer testify. However, the DMV reserves the right to call the officer if his/her testimony is needed. As your DMV attorney, we may subpoena the officer or any other witness(es) that may help your case and have relevant testimony or evidence to present. After the hearing decision, you may make a written request for a Department Review within 15 days, or Superior Court review within 30 days, from the date shown on the Notification of Findings and Decision from the DMV. The fee for a department review is $120.

You may reinstate your driving privilege after the hearing if:

• you pay a $125 reissue fee to DMV. (Vehicle Code §14905)
• you file proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self insurer certificate under VC §16430).
• you maintain proof of financial responsibility for three years.

HEARING ISSUES

The Hearing Officer who conducts the administrative hearing cannot grant you a restricted driver license regardless of your need to drive. Only the following issues will be review:

A. If you took a chemical test:

1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §§23152 or 23153?
2. Were you lawfully arrested?
3. Were you driving a motor vehicle with a BAC level of 0.08% or more?

B. If you refused or failed to complete a chemical test:

1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of VC §§23152 or 23153?
2. Were you lawfully arrested?
3. Were you told that your driving privilege would be suspended for one year or revoked for two or three years if you refused to submit to or failed to complete a chemical test?
4. Did you refuse to submit to or fail to complete a chemical test after being requested to do so by a peace officer?

HOW LONG WILL YOUR LICENSE BE SUSPENDED?

A. If you took a chemical test and the results showed a BAC level of 0.08% or more, your driving privilege will be suspended for:

1. Four months for the first offense.
2. One year for more than one offense in ten years.

B. If you refused or failed to complete a chemical test, your driving privilege will be:

1. Suspended for one year for the first offense.
2. Revoked for two years for the second offense in ten years.
3. Revoked for three years for three or more offenses in ten years.

ELIGIBILITY FOR A RESTRICTED LICENSE

You may be eligible for a noncommercial restricted driver license if:

• this is your first DUI offense, and
• you completed a chemical test, and
• the results showed a BAC level of 0.08% or more, and
• you were 21 years of age or older (VC §13353.7), and
• your driving privilege is not suspended or revoked for some other reason.

You must not have had another DUI, DWI, driving under the influence or drunk driving related offense within ten years of a current DUI violation, which includes a charge reduced to Reckless Driving, Vehicular Manslaughter, or Under 21 and you were convicted or in a previous DMV hearing you were held to have been driving with a BAC of 0.01% or more while under age 21, or 0.08% or more at any age, or you refused a chemical test.

If you have a commercial driver license, you must downgrade to a Class C. If you were cited in a:

• noncommercial vehicle, you may be eligible for a restriction to drive to/from a DUI treatment program, and to/from/during the course of your employment only.
• commercial vehicle, you may be eligible for a restriction to drive to/from a DUI treatment program only.

NONCOMMERCIAL RESTRICTED LICENSE

To be issued a noncommercial restricted driver license, you must:

• enroll in a First Offender licensed driving under the influence (DUI) program (you must notify the program provider that you intend to apply for a restricted driver license), and
• ask the program provider to file a Proof of Enrollment Certificate (DL 107) in a licensed DUI First Offender Program with DMV per VC §23538[b], and
• file proof of insurancer or financial responsibility (Proof of Insurance Certificate is identified as SR 22; you can deposit $35,000 cash; obtain a surety bond; or provide a self insurer certificate under VC §16430), and
• pay a $125 reissue fee to DMV, and
• wait until the end of the mandatory 30-day suspension period before applying for a restricted driver's license, and
• request a "To/From/During Course of Employment and DUI Program Restriction." Your driving privilege will be restricted to allow you to drive to, from, and during the course of your employment and to and from the DUI program. This restriction is valid for five months.

NOTE: If you enroll and fail to participate or do not complete the DUI First Offender Program, the DMV will immediately revoke your restricted license and reimpose the suspension.

DMV Review

Departmental Review is available to obtain relief after an adverse DMV decision. As your San Diego DUI Attorneys, we will send a letter to DMV in Sacramento if we are specifically retained for this purpose and to do so, and if you also pay the filing fee (see above). Then, a DMV employee reviews the DMV file for any alleged errors. Theoretically, the DMV will give your driver's license back if it is determined that the hearing officer committed an error in suspending your license. This is generally not the case and most attorneys regard this process as ineffective and a waste of time. More importantly, the law does not provide a "stay" of the DMV suspension during the Departmental Review, so you cannot drive while you wait for a decision. There is an advantage, however, in that one can use the Departmental Review process to obtain an extension of the time to seek a Writ of Mandate in Superior Court.

Writ of Mandate

The writ of mandate is the proper method to appeal a DMV suspension. If you prevail, you get your license reinstated. If the San Diego Superior Court determines the DMV acted in an arbitrary and capricious manner, the judge has the discretion to order damages, to with: reimbursement of your attorney's fees.

The writ is an order from the San Diego Superior Court telling the DMV to reverse their decision suspending one's driver's license. The full legal term for a writ of mandate is a "writ of mandamus" or "writ of administrative mandamus."

The "stay"

When one of our San Diego DUI Lawyers files anr appeal to the San Diego Superior Court, we seek a stay of the DMV decision. This is the temporary halt of the DMV order of suspension. The period of time varies somewhat within the San Diego Superior Court system depending upon the Superior Court's calendar and the time that is reasonably necessary to challenge the DMV's decision. The San Diego Superior Court Judge needs an adequate period of time to review the DMV proceeding and to determine whether to issue a "writ." Also, a driver should be afforded an opportunity to prove the suspension of his/her license was wrongful and should not be penalized during the time it takes for a judge to evaluate the evidence.

WHAT IS A DUI or DWI?

The first element of the DUI crime is "driving" or "operating." This language is designed to describe the level of control a person must have over the vehicle. In many states, the vehicle does not actually have to be moving, and a person sitting behind the wheel of a car, whether or not the engine is running, can be convicted of driving or operating the car. While passengers are generally not considered drivers or operators of vehicles, they can be if they grab the steering wheel or try to take control of the vehicle.

The definition of "vehicle" is broader than "motor vehicle." A vehicle can be any product or means for transporting people or goods. A motor vehicle, by contrast, requires that it is be powered by a motor. These definitions encompass cars, trucks, motorcycles, and motor boats. A question can sometimes arise when the vehicle is inoperable and a distinction can be made between a vehicle that is immobile and inoperable. Another element of the crime is its location. While the earlier cases required the vehicle being operated "on a public highway," most statutes now simply require proof that the drunk driving, DUI, DWI or driving under the influence crime took place within the jurisdiction of the San Diego Superior Court; this means the the DUI crime applies to persons who drive on private property, including parking lots.

PURPOSE OF THE LAW

The underlying purpose of the DUI, DWI, driving under the influence and drunk-driving laws is to prevent operation of a motor vehicle when an individual is too intoxicated to have "adequate control." The intoxication element is proven by one of two methods: (1) showing a certain level of blood alcohol (BAC) or illegal drugs in the operator's system, or (2) showing the person was impaired. BAC does not rely on the law enforcement officer's observations of the defendant's conduct, but rather on the results of a blood or breath test. A common statutory scheme requires a person suspected of being drunk or under the influence of drugs while driving to submit to a DUI breath or blood test. In California, this is called the "implied consent" law. The statute provides that by operating a motor vehicle in the State of California, an individual has given his or her consent to be tested for alcohol in their system. After the sample is given, it is analyzed by a machine that measures the concentration of alcohol in an individual's blood.

The .08 Distinction: The California limit for blood-alcohol content is .08, and anyone who tests over .08 or has the presence of drugs is legally intoxicated. As your personal and top San Diego DUI Defense Lawyers, we have many ways to defend a DUI DWI case and challenge the driving under the influence, drunk driving,and DUI charges (see above discussion), such as by showing there was a failure in the test procedure (e.g. a malfunctioning machine), an improper sample, foreign substances in the mouth (in the case of a breath test), or improper preservation of the evidence.

The "impairment" Distinction: In contrast to the requirement that one have a BA level over .08, proof of impairment may be use to obtain a conviction. This is based on the facts and circumstances surrounding the incident in San Diego County. It relies on the law enforcement officer's testimony, statements of the defendant, and circumstantial evidence. Under this particular DUI charge that is leveled against a defendant, the actual amount of alcohol in a person's blood is not the key factor and may be deemed irrelevant since the focus is on whether the ability to drive has been impaired.

Standard police tests in San Diego County for impairment include having an individual perform what are commonly referred to as FST'S or "Field Sobriety Tests." These include having the subject walk a straight line with one foot placed precisely in front of the other; closing his/her eyes and standing with arms held out from the body and touching the tip of the nose when instructed; reciting the alphabet; and counting backwards. Other signs of impairment are the law enforcement officer's observations of the person's driving, which often leads to the stop. Often the time of the day (late night and early morning hours) and location of the encounter (neighboring areas of bars and nightclubs; areas where young adults frequent and/or reside, etc.) create the perfect environment for officers to patrol.

In addition, driving too fast or too slowly, weaving from lane to lane, and going through stop signs have all been used as evidence to demonstrate impaired driving. A statement by a driver about how much he or she had to drink, and how recently, is also used as evidence of impairment when supported by testimony about the probable effects of that amount of alcohol ingested at that time on a person's physical abilities. At Spital and Associates, your San Diego DUI Defense Attorneys will seek to exclude the driver's "admission," arguing it was obtained unlawfully. The focus turns on whether the individual was a "suspect" and should have been given a Miranda Warning (requirement that a defendant be admonished to remain silent as anything he/she says can be used against him/her) while the prosecution will seek to prove the opposite.

PUNISHMENT

Punishment for drunk driving in San Diego County has become increasingly severe in the past five plus years. In earlier years, defendants convicted of drunk driving, DUI, DWI, or driving under the influence often faced lighter sentences if they had not injured anyone or destroyed any property. However, at this point in time the current laws typically provide for significant jail time and large fines. Depending upon the location of the San Diego Superior Court and particular judge, sentences do in fact vary. First-time offenders may be given a "break," such as a suspended sentence conditioned on treatment for substance abuse or attendance at drunk-driving school. The penalty for second or subsequent offenses, however, often includes mandatory minimum jail or prison sentences that cannot be suspended or waived, and large fines. The punishment also usually includes revocation of driving privileges for a certain period of time. Please note the most severe restrictions on a defendant' driving privileges usually come from DMV, which is not considered a part of the criminal sentence. In fact, those cases in which a defendant attempted to argue that a suspension or revocation of their drivers' licenses by the DMV in addition to the criminal sentence is double punishment that is barred by the double jeopardy clause of the Constitution have not been successful.

DUI - Felony & Multiple Convictions

You've already seen how prosecutors go after people accused of DUI, DWI, driving under ther influence and drunk driving - you've been there. Even if they were lenient to you, you don't want to face it again. If you are accused of DUI, drunk driving, DWI or driving under the influence of drugs or alcohol in San Diego, the attorneys at Samuel Spital and Associates are ready to fight for you. No matter how many times you've been pulled over for DUI, we can help as your top DUI, Drunk Driving, DWI and San Diego Driving Under the Influence Attorneys.

Our firm's founder, Samuel Spital, has more than 39 years of legal experience, including almost eight years as a Deputy Attorney General (where he first started in the Criminal Division handling Writs in the Los Angeles Superior Court for the California DMV. He has personal experience prosecuting crimes and, therefore, has unique insight into how prosecutors prepare their cases. He uses his 39+ years of experience and valuable knowledge to provide aggressive defense against all DUI, drunk driving, driving under the influence, DWI and other criminal charges.

Penalties if Convicted Again

If you are convicted of multiple DUI offenses, whether, DWI, driving under the influence, drnk driving, DUI or certain lower included offenses, within 10 years, you face severe penalties that will seeriously affect your  future employment and or professional career, whether with a governmental agency, an employer who does a background check, have or later seek to obtain a state Board license in California. Our top San Diego DUI Lawyers fight against multiple DUI, DWI, drunk driving and driving under the influence convictions and penalties, such as huge fines and:

• Second DUI offense:
  • 96 hours to one year in jail
  • Two years license suspension

• Third DUI offense
  • May be classified as an "habitual offender"
  • 120 days to one year in jail
  • Three years license suspension
  • Ignition interlock device installed

• Fourth DUI offense
  • Can be charged as felony DUI
  • 180 days to one year in jail, including possible time in prison
  • Four years license suspension
  • Ignition interlock device installed

Additionally, if you were on probation for a DUI, driving under the influence, DWI or drunk driving conviction when the police, sheriff or CHP pulls you over, they can charge you for being a repeat offender, no matter how much alcohol the BAC test found on your breath.

When Is a DUI a Felony?

The prosecutors' office can choose to charge a fourth DUI, DWI, drunk driving or driving under the influence offense in 10 years as a Felony DUI. You may also be charged with Felony DUI if you have a prior Felony DUI on your record. Even if this is the first time you face DUI, driving under the influence, drunk driving or DWI charges, you may face a Felony DUI if the accident you were in led to someone's serious injury or death.

Felony DUI charges carry greater penalties and larger consequences for your future reputation, employment opportunities and professional licensing matters. If we cannot get your DUI, DWI, drunk driving or driving under the influence charges completely dismissed, we will fight to have your Felony DUI reduced to a misdemeanor or lesser included offense.

Aggressive Defense to a Second, Third or Felony DUI

The defenses to a first offense DUI apply to multiple offense DUI, drunk driving, DWI, driving under the influence charges. If you have been charged with driving under the influence of drugs or alcohol, DUI, DWI, or drunk driving, we will ask:

• Did the arresting officer make any mistakes during the stop?
• Was your arrest lawful?
• Were you driving the vehicle? Did you have a blood alcohol content (BAC) of over .08?
• Did the DUI breath test work properly? Is the evidence from the DUI breath test admissible?
• Are your blood test results appropriate? Is the evidence from the blood test inadmissible?
• Did the officer give you a field sobriety test? Did they do the test properly?

We fight to win. Our attorneys do not do DUI Defense work only because we love arguing in court (though we do and have handled thousands of cases). We also handle these DUI cases as your San Diego DUI Defense Lawyers because your Constitutional rights matter to us. If a police officer, Deputy Sheriff or CHP officer acted inappropriately, or you were wrongfully charged with a DUI, DWI, drunk driving or driving under the influence, you deserve to see justice done by the San Diego Superior Court system. If you did drive under the influence, you need a strong San Diego Defense Attorney that will fight for less time in the San Diego County Jail, if at all.

Proven Results

Our successes include reducing second DUI, 2nd drunk driving, second driving under the influence and second DWI or even a third DUI to "wet reckless driving" with no jail time. We have even been able to dismiss a prior DUI so that our client was charged as a first-time - not second-time - offender. While our successes in past cases do not guarantee future results, they are examples of the strong defense effort we will bring as the best San Diego DUI DWI Defense Attorneys.

DUI DWI FAQs

How serious is a DUI, DWI, drunk driving or driving under the influence arrest?

Being convicted of a DUI, drunk driving, DWI or driving under the inlfuence in San Diego County has serious consequences and obviously is a serious problem. Everyone is aware that thousands of people are killed each year in DUI, driving under the influence, DWI and drunk driving accidents. Although some of those DUI accidents in San Diego County result in the death of the intoxicated person, sadly a significant and unfortunate number involve the death of "innocent" parties who were in the wrong place at the wrong time when someone chose to drive a car while impaired. Driving under the influence, getting arrested for a DUI, drunk driving or DWI is dangerous for those individuals who choose to operate a car under the influence, and for those individuals who are on the road at the same time. In addition to the severe physical injuries that may result from a DUI DWI accident in San Diego County, there are also serious emotional and mental scars that may never fully heal for both the defendant and his/her victim(s).

Is it "safer" to drink beer or wine?

Any type of alcohol is dangerous when consumed in excess. Different types of drinks (see discussion above) contain different concentrations of alcohol, or what may be called "proofs." The proof rating is two times the alcohol concentration. Therefore, 200 proof liquor has a 100% alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning that it may take fewer drinks containing hard liquor or fewer glasses of wine than beers to become intoxicated. However, the alcohol concentration of a drink is not everything . An individual must consider the size of the drink that he/she is consuming. Therefore, a "shot" glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer.

Drinking any alcoholic beverage in excess is never advisable. You should NEVER drive after drinking any amount of alcohol as you may be the worst judge of whether you are sufficiently impaired to drive safely and you may seriously injure yourself or others if you choose to drive. Besides becoming "addicted" to alcohol, excessive consumption of alcohol over a long period of time can cause permanent physical damage to the kidneys, liver, heart, and brain. Studies have further shown that excessive use of alcohol within a short period of time can also lead to death.

Do I have to take a DUI breathalyzer test?

The DUI breath analyzer test measures a person's BAC or blood alcohol level. The amount of ethanol that is in your system is the same as the amount of ethanol that is "on" your breath when you exhale. As a result, the San Diego police, San Diego County Deputy Sheriff or CHP Officer is able to test your BAC by having an individual breathe into a DMV breath analyzer. In California, if you refuse to submit to a breath analyzer test or other similar test for measuring your BAC, such as a blood test, your driver's license will automatically be suspended by DMV.

Can I be charged with DUI DWI for driving after taking drugs?

Yes. If an individual in San Diego operates a vehicle under the influence of drugs such as heroin, cocaine, marijuana, meth, or any other illegal substance, he/she can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair abilities and should not be used while operating a motor vehicle. Check the labels on all medications carefully. Do not drive if you are taking any medications that may be deemed incompatible with safe driving.

Should I retain an attorney if I have been charged with DUI, DWI, drunk driving or driving under the influence in San Diego County?

Although you are not required to have an attorney, it is advisable to retain our experienced San Diego Driving Under the Influence Defense Lawyers if you have been placed under arrest or charged with a DUI, drunk driving or DWI. The California DUI DWI laws are strictly enforced and our experienced San Diego DUI DWI Defense Attorneys can help protect your rights. Our chances of successfully making defense arguments or finding mistakes that may have been made in your arrest are much greater since we have over 30 years experience handling San Diego DUI, DWI, drunk driving and driving under the influence cases.

If you are faced with a DUI, drunk driving, driving under the influence or DWI charge in San Diego County, selecting an attorney based upon the "price" you pay is quite foolish as everyone knows "you get what you pay for."

It is fair to say if you pay less, the attorney is likely to perform less work. Call now to speak with one of our personal and top San Diego DUI Defense Lawyers.