Were you charged with a DUI for the first time in San Diego, CA? Know that you likely still have a chance to defend yourself, especially with help from an experienced attorney who knows how the law works.
At Blair Defense Criminal Lawyers, we have over a decade of experience in the field. Our San Diego 1st time DUI lawyers advocate for the accused’s rights, freedom, and dignity. We fight to protect our clients from aggressive prosecutors, law enforcement misconduct, and unjust court rulings. We have helped countless clients achieve positive outcomes in their cases.
Contact us today at (619) 357-4977 for a free initial consultation.
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How Blair Defense Criminal Lawyers Can Help You With a DUI Charge in San Diego, CA
When our San Diego DUI defense lawyers handle your case, we do much more than fight the drunk driving charges you’re facing. We determine if your arrest was legitimate and if there was a potential violation of your rights. We go on the offensive to challenge evidence and present affirmative defenses.
When you hire our top-rated San Diego criminal defense lawyers, our legal team will:
- Thoroughly investigate the circumstances that led to your DUI charges, including the traffic stop, DUI investigation, and arrest
- Analyze the evidence the prosecution has against you to uncover potentially exculpatory evidence
- Develop a defense strategy and gather evidence to support affirmative defenses, including working with expert witnesses as necessary
- Negotiate the best available terms for a plea deal if going to court is not in your best interest
- Advocate for you in all court hearings and appearances, including litigating your case when necessary
Our criminal defense lawyers have extensive experience representing clients in DUI cases. Learn more about how we can help by contacting us today in San Diego, California, for a free consultation.
What Is a 1st-Time DUI in San Diego, CA?
The legal limit for a DUI per se is .08% BAC. DUI per se means that you have been tested and your blood alcohol content exceeds the legal limit. However, you can be arrested for driving under the influence with a BAC below the legal limit if the alcohol in your system impairs your driving.
Most first-time DUIs are charged as misdemeanors. However, some instances could result in a 1st-Time DUI being charged as a felony offense. Your charge may become a felony if any of the following apply:
- You have three prior DUIs in the past 10 years
- This felony follows a felony DUI conviction
- You are charged with DUI while causing injury
- Vehicular manslaughter while intoxicated
- Watson murder (DUI second-degree murder)
- Gross vehicular manslaughter while intoxicated
A felony DUI conviction could result in several years in prison. A Watson murder conviction carries 15 years to life in prison.
Penalties for a First-Time DUI Conviction in California
If you are convicted of a 1st-Time DUI, the penalties you face depend on several factors. Criminal penalties for a first-time misdemeanor DUI vary by county, but often include:
- Up to 6 months in jail
- 3 to 5 years of informal DUI probation
- Fines and penalties that could add up to thousands
- Driver’s license suspension for six months, but you might be able to obtain an ignition interlock device and retain the ability to drive
- Attending DUI school for 3 to 9 months
Your attorney may be able to negotiate a plea agreement that reduces the DUI to a wet reckless charge, which is a lesser offense. If so, you may not face the harshest penalties for a first-time DUI conviction.
Aggravating factors can increase the penalties for a DUI conviction. Therefore, your sentence could be harsher if you refused to submit to a chemical test, had a BAC of .15% or higher, or had a child in the vehicle. Driving at excessive speeds, being under 21 years old, and causing an accident are also aggravating factors.
Potential Defenses to a 1st Time DUI Charge in San Diego, CA
You need a strong defense to DUI charges, regardless of whether you face a misdemeanor or felony DUI, or if this is your first or third DUI charge. Our attorneys prepare solid defenses based on the evidence in your case. Potential defenses to DUI charges include, but are not limited to:
- Lack of probable cause for a traffic and/or DUI stop
- Errors made during a DUI breath test
- Rising blood alcohol level because of a delay in chemical testing
- Mouth alcohol caused an elevated BAC level
- Title 17 violations
- Mistakes and errors made when administering the field sobriety tests
- A health condition caused a false BAC level
- Police misconduct in a DUI case
The above list is not inclusive. There could be other defenses based on the facts in your case. Call us to discuss a defense for your DUI charges in San Diego.
Schedule a Free Consultation With Our San Diego DUI Defense Attorneys
A 1st-Time DUI conviction can result in severe penalties and collateral consequences. Assuming you do not need a lawyer for a DUI case is a mistake. Contact Blair Defense Criminal Lawyers to discuss how we can help you fight your DUI charges in California. Schedule a free consultation with our San Diego DUI defense attorneys.