858-429-9982 858-429-9982
  1. AVVO Top Contributor

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

    reviews-avvo

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

    The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

    Mark Deniz has been a member of the California State bar for over 11 years.

  2. Mark is involved with the San Diego Bar Association serving on its legal panel.

    Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

    Mark Deniz is a member of California DUI Lawyers Association.

    Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  3. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

    The firm is a member of the better business bureau who ensures quality service for its clients.

    The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

    Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  4. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

    Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

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    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

    Lawyer.com

    Mark Deniz has achieved Premium status for Lawyer.com which reinforces his credibility and status to the legal community.

  5. Mark Deniz was recognized with the "Top Contributor" award by Avvo, which provides an open forum on which legal questions concerning DUI Defense and criminal law by qualified legal practitioners.

    SAN DIEGO | Attorney | MArk L. Deniz,

    Mark Deniz won the Attorney Spotlight for January - San Diego Attorney Jornal

  1. AVVO Top Contributor

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

  2. reviews-avvo

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

  3. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  4. Mark Deniz has been a member of the California State bar for over 11 years.

  5. Mark is involved with the San Diego Bar Association serving on its legal panel.

  6. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  7. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  8. Mark Deniz is a member of California DUI Lawyers Association.

  9. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  10. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  11. The firm is a member of the better business bureau who ensures quality service for its clients.

  12. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  13. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  14. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  15. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  16. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

  17. <#include "/design/includes/yelp.ftl">

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  18. Lawyer.com

    Mark Deniz has achieved Premium status for Lawyer.com which reinforces his credibility and status to the legal community.

  19. Mark Deniz was recognized with the "Top Contributor" award by Avvo, which provides an open forum on which legal questions concerning DUI Defense and criminal law by qualified legal practitioners.

  20. SAN DIEGO | Attorney | MArk L. Deniz,

    Mark Deniz won the Attorney Spotlight for January - San Diego Attorney Jornal

Second time San Diego Driving Under the Influence San Diego DUI cases explained. San Diego DUI with prior charges. San Diego DUI 2nd time with a prior under the influence Lawyer Attorney Mark Deniz

Second time San Diego DUI cases have familiar elements to it.  To the prosecution, someone is showing a trend of drinking and driving.  In reality, it is the furthest from the truth.  

San Diego DUI with priors is when the punishments really start to add on.  Classes grow exponentially, Ignition Interlock Device (IIDs) become a reality, and in someone is staring at custody.  It is key to be proactive in these cases and work on getting the best result possible.  Call the Law Offices of Mark Deniz now for a consultation at (858) 751-4384.

2nd-time,  San Diego DUIs with priors happen more than people realize. I have seen it come one of two ways. First, there are scenarios where someone gets a 2nd DUI within two years of the first one. Second, I have seen people pick up a 2nd DUI a long time away (usually 7-9 years). In one case, there has to be an examination of what may be going on in someone's life. The other situation may just be bad luck. In all cases, a second time DUI must be taken seriously and dealt with.

A DUI has severe consequences with a first time DUI and no previous criminal record. If a person is arrested with another DUI within 10 years of a previous DUI conviction, they will be facing even more severe consequences. These cases more than before need effective representation.

San Diego prosecutors will likely allege a prior if you have a prior DUI conviction within 10 years. This includes convictions for "Wet Reckless" convictions as well. If the conviction is outside the state of California the prosecution may or may not be able to allege the prior. It is an area an attorney needs to research. Our firm has extensive knowledge in determining whether they will be able to use an out of state prior against you.

The bottom line is the prosecution has more leverage against you. You do not want to come into negotiations because the sanctions are much higher than a first time San Diego DUI.

The DMV will also try to punish you. A second offense within 10 years results in a two year license suspension. This is not the case llke a first time DUI where someone can wait 30 days and get a restricted license. A second time DUI brings much harsher punishment from the DMV. Do not go in without knowing all the options for you. Call our office for a consultation at (858) 751-4384.

A different game

A second time San Diego DUI carries significantly more punishment than a first time DUI, especially in the downtown courts.  It is sometimes a harder pill for people to swallow because their first time DUI consisted of classes, fines, (and maybe) some trash pick up.  They are asking, "is there really all of this punishment"?  The answer is yes, yes, yes.  The punishments of a first time San Diego DUI are nothing in comparison to the punishments of a San Diego DUI with priors.  This is even if your first DUI was the public defender.  To the prosecution and courts, a second time DUI shows a significant public safety issue.  This is especially true in the downtown San Diego courts.  If your case is somewhere else in San Diego County, the prosecution will be more open to negotiating.  You want to get the ball rolling on these cases.  Call the Law Office of Mark Deniz for a consultation at (858) 751-4384.

Second DUI

A Second DUI increases the penalties. Many people feel their second DUI case is going to be similar that the first. It is not. Not even in the slightest. It comes with the following:

Being arrested for driving under the influence (DUI) is one of the most harrowing experiences a California motorist can face.In addition to facing an automatic license suspension, a drunk driving arrest can lead to a number of severe criminal penalties-including hefty fines and a possible jail sentence. And, if you are one of the thousands of individuals who have a prior drunk driving conviction on your record, the stakes are even higher. Under the state's mandatory sentencing guidelines, a second DUI offense can carry much harsher punishment than a first offense.

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California DUI law classifies any person who has been convicted of driving under the influence within a ten-year period as a repeat DUI offender. As a result, lawmakers grant little leniency to those who are found guilty of a subsequent charge-and many of the penalties you receive will be based on the nature of your prior arrest.

Like most states, California law prohibits anyone from operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. However, if you are under 21, you can be charged with DUI if your BAC is 0.01% or higher. Commercial vehicle operators are also subjected to an even lower BAC limit of just 0.04%. Any driver who is found to be in violation of these guidelines can therefore be arrested and charged with driving under the influence.

Along with enforcing the above BAC limits, California's "Implied Consent Law" requires drivers to submit to chemical testing if they are ever suspected of driving while impaired. Designed to calculate BAC, chemical tests (breathalyzers, blood, and urine tests) are one of the most common tools law enforcement officers use to identify drunk drivers. In the event that you are pulled over on suspicion of driving under the influence, you are legally obligated to allow the officer to administer a test to determine your BAC. In fact, refusing to comply can lead to even more severe penalties than failing the test.

If you are charged with driving with an illegal BAC and have been convicted of a similar offense in the past, the punishment for a second conviction can include up to a one-year license suspension, possible jail sentence, and mandatory alcohol treatment. In addition, you will be forced to obtain SR22 insurance-a type of auto insurance policy reserved for high-risk drivers-for up to three years after your driving privileges are restored. In light of SR22 insurance costing two to three times more than your current policy, this penalty can easily become one of the most damaging.

If you are convicted of refusing a breathalyzer or other chemical test for a second time, you will face the same penalties listed above; however, whereas drivers who fail a chemical test are eligible for a restricted license after a specified period of time-allowing them to drive to and from work, school, and other court-approved activities-individuals who are convicted of violating the state's implied consent law do not qualify for these limited privileges.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384.

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