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What you need to know when you are arrested for a San Diego DUI. DUI Defense Lawyer Attorney explains.

On Behalf of | Aug 2, 2017 | Firm News |

If someone gets to know a little about a San Diego DUI, they will discover there are some facts about a San Diego DUI that they were not aware of.

Fact #1: You have to deal with the criminal court and the DMV
A DUI arrest will likely trigger a court date as well as a surrendering of your license and getting a pink DMV document from the police.  You have 10 days from the date of arrest to contact the DMV and set a hearing.  Subpoenas need to be served as soon as possible.  The DMV hearing will be set around your first court date.  You have to be ready to present defenses by the DMV hearing date.   There is a lot of work to do before you head into court for the first time.  Call the Law Office of Mark Deniz to get the ball rolling at 858-751-4384.
Fact #2 You can get a DUI even if you’re below the legal limit.
Under California law, the legal blood alcohol concentration (BAC) limit is .08%. This means, if your BAC is .08% or above, you will be charged with DUI. However, what many drivers do not realize is they can get a DUI, even if their BAC is below .08%. If the state can prove that your ability to drive was impaired by alcohol, you can still be convicted of DUI with a low BAC. The prosecution may have a weaker case, but for many reasons are likely going to react very aggressively to DUI charges.

Fact #3: A DUI can affect travel to Canada.
Canada frowns heavily upon DUI convictions. If you’re an American citizen and you’re convicted of DUI, even a misdemeanor DUI, you will be barred from entering Canada. Usually, this ban lasts about 10 years. If you’re convicted of DUI and planning to travel to Canada, don’t go there until you learn more about Canada’s travel ban on individuals with criminal records.

Fact #4: You can get a DUI even if you weren’t driving.
Clients ask me all the time if the police do not see anyone driving they have cannot proceed on charges.  That is not the case.  If you are under the influence and “under the actual physical control of your vehicle,” you can be charged with DUI. For example, if you’re “sleeping it off” in the driver seat and the keys are in your pocket or in the ignition, you can be charged with DUI. The prosecution will likely use circumstantial case (in the driver’s seat, possession of the keys, etc).  However, because someone is charged with a DUI does not mean that is what they are destined to have.  Call the Law Offices of Mark Deniz to get started at 858-751-4384.

Fact #5: A DUI is reported on your DMV record for 10 years.
DUI convictions are reported on people’s driving records for 10 years in California.  This means that the record of the DUI will be available to insurance companies for a full 10 years.  Worse yet, there is no way to “expunge” this off the DMV record.

Fact #6: You can get a DUI for driving on prescription medication.
In San Diego, you can be convicted of DUI for driving under the influence of alcohol, controlled substances, illegal drugs, and lawfully prescribed medications. Whether you’re convicted of an alcohol or drug-related DUI, the penalties are the same.

These are some surprising facts and unintended consequences that can come with a San Diego DUI.

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.

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