DUI/DWI Lawyers in San Diego

Driving under the influence in California is often referred to a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). DUI has been described as “drunk driving” which can be misleading. You do not have to be drunk to be legally impaired. In the state of California if a person has a blood alcohol percentage or BAC over .08 percent then you could be charged for DUI. Driving under the influence of liquor or drugs is unlawful and can be a very rough time for anybody to go through.

 

 In California there are two basic “drunk driving” laws. Vehicle Code sections 23152(a) and 23152(b)

 

In section 23152(a) it states that it is illegal to for somebody who is under the influence of an intoxicating beverage or under the combined influence of an alcoholic beverage or drug to drive a vehicle.

 

In section 23152(b) it states that it is unlawful for any person who has a .08 percent or more by weight to drive a vehicle.

 

If charged with DUI, you can either be charged with a misdemeanor and a felony. A misdemeanor charge occurs when a person is charged with drunk driving and no personal injury or property damage happens. One-year jail time may occur. A felony charge is when injury occurs and several years of jail time could be served.

San Diego DUI attorney

 

Being in this type of position can be tough for anyone but knowing your rights is something that that can be very helpful.  In any criminal case you always have the right to remain silent. The right to remain silent does not mean you don’t have to cooperate. You must still cooperate with the officer when they ask for your drivers license, insurance etc.

 

You should not admit anything. Anything you say can be repeated back to the judge or jury if your case goes to trial. You should ask to speak to an attorney immediately. You also should submit to blood or alcohol tests if this is your first driving under the influence. But if your drivers license is already revoked you may have nothing to lose refusing to submit.

 

Knowing your rights and selecting the right attorney for your DUI/DWI case is important. Being helpless is one of the worst feelings ever so being prepared if you are ever in this situation may save you time and money.