A Trusted San Diego DUI Lawyer With Results Forged By More Than Two Decades Of Experience

If you are facing a DUI charge in San Diego, you need an experienced attorney to defend your case and minimize any potential adverse long-term effects. At The Law Offices of Mark Deniz APLC, our lawyers offer a proactive approach that provides our clients throughout San Diego County with the most efficient and effective defense possible. You can count on our dedicated legal team to protect your rights according to your circumstances as it pursues the best resolution possible for your situation.

A Former Veteran Prosecutor Dedicated To Your Defense

Our founder, Mark Deniz, brings his training and experience as a former prosecutor to each case The Law Offices of Mark Deniz APLC takes. With more than 10 years of experience handling DUI cases as a defense attorney, Mr. Deniz has a unique perspective from both sides of the courtroom. From day one, he and our team will build your case based on strong, mitigating evidence to present to the prosecution and judge at the time of your first court date – roughly six weeks following your arrest. This strategy helps increase the chances of securing reduced charges.

Protect Your Driver’s License Against DUI Charges

One of the worst parts of a DUI arrest is the potential loss of your driving privileges. If you’re convicted, your license will be suspended for at least six months. Suspension time increases if multiple convictions occur within 10 years. It is crucial to secure an aggressive San Diego attorney experienced in DUI defense immediately following your arrest to protect your driving privileges.

Full-Service DUI Defense Counsel And Representation Across San Diego

Our legal team capitalizes on opportunities and develops unique strategies through all stages of the DMV administrative and criminal charges processes. Whether you have been charged with drunk driving or drugged driving for the first or fourth time, our lawyers will fight for your best interests and rights with efficiency and discretion. Our team represents clients in San Diego as well as the following areas:

• Carmel Valley
• Chula Vista
• Clairemont
• El Cajon
• Encinitas
• Escondido
• La Jolla
• La Mesa
• Mission Valley
• Mira Mesa
• Ocean Beach
• Oceanside
• Pacific Beach
• Point Loma
• Poway
• San Marcos
• Santee
• Vista

We provide high-level representation for a reasonable fee with payment plan options for all clients.

How To Get Started On Your DUI Defense: First Steps

Knowing what to expect in any criminal case can help you cope with stress and make smart decisions. The information that follows will save you time searching for all of the pertinent information that applies to your case. Additionally, there is subject matter on this site that applies to specific issues within a DUI case, as well as different types of DUI. The DUI frequently asked questions page that we have put together will also be very helpful in understanding your rights, situation and next steps.

Licensure Issues And The DMV/APS Hearing

When you were arrested, you likely received a pink slip of paper from law enforcement. This serves as your temporary driver’s license because the police likely took yours. Your license is valid for 30 days from the arrest date. The pink slip also states you have 10 days to call the DMV/APS to contest the impending suspension.

It is advisable to find and retain an attorney within those 10 days to set your DMV/APS hearing. If you go with a public defender, they will not advise you on your DMV/APS. The license suspension is one of the toughest consequences of a DUI.

It makes a lot of difference to have an attorney navigate you through the DMV process to get your driving privilege restored as fast as possible. This is one reason (among many) why we recommend not using a public defender. They cannot help you with the DMV issues. A proactive DUI attorney will use the DMV hearing to help the criminal side of the case.

If you have not set a DMV/APS hearing in the past 10 days and your court date is approaching, our suggestion is to obtain an attorney as soon as possible to get you back on course.

Finding An Experienced, Proven Attorney

There are hundreds of San Diego DUI attorneys out there. As a former veteran prosecutor, our founder, Mark Deniz, was able to come into contact and work with hundreds of them. He saw the good and the bad. After handling thousands of cases, he learned how best to approach a DUI case. To make it easy, he created a prehire checklist to make sure a prospective attorney qualifies as the right attorney for your San Diego DUI case.

Some considerations when hiring an attorney should be:

• Compatibility: Find someone you are comfortable with (in the end, this is most important).
• Costs and fee structures: Make sure the fee setup is reasonable. Make sure you are not being charged “a la carte” style because it often ends up costing more than it should. But also, you should review the “one cost for everything” charge. It usually ends as a windfall for the attorney. Make sure the attorney works with efficiency and discretion.
• Value for the money: Make sure the attorney is worth the cost of the services. Find an attorney who can answer “yes” on all (or almost all) of the prehire checklist.

Once you retain an attorney, he or she should begin working on getting you the best result available. Also, make sure to speak with your attorney about terminating probation early and expunging your case. No matter the result, you will ultimately want this charge off your record.

The Two Separate Parts Of A DUI Case

There are two branches to a San Diego DUI case: The DMV hearing and the criminal court process. These may run simultaneously and are entirely independent of one another. The Law Offices of Mark Deniz APLC can represent you in both hearings.

1. The legal process begins with the initial arrest. A law enforcement officer will typically make an arrest for DUI after observing erratic driving behavior, outward signs of intoxication and poor field sobriety test performance. The driver will then be arrested and taken to the police station, where he or she will be asked to submit to a breath test or blood test to determine his or her blood alcohol concentration.
2. The DMV process: After a DUI arrest, a driver has only 10 days to contact the California Department of Motor Vehicles and schedule a DMV hearing to challenge the suspension of his or her driver’s license.

The driver’s first court appearance will be the arraignment, at which time the judge will inform the driver of his or her charges. The driver will also then enter a plea of guilty, not guilty or no contest.

After the arraignment, your DUI defense lawyer can file pretrial motions to suppress evidence or similar actions that will be taken to build your defense. The prosecuting attorney may also offer a plea bargain at this time.

Common Defenses To DUI Charges In California

A prosecuting attorney will try and convince you that they have an airtight case. This is not always accurate. You have many criminal defenses you can use to defend yourself from the DUI charge. Common examples include:

• No probable cause to make the traffic stop
• Mishandling of evidence on an administrative level (procedures involving breathalyzer and blood tests)
• Individual’s ability to pass field sobriety tests
• Violations involving a person’s Miranda rights
• Illegal arrest or detainment
• Not enough evidence to support the charge

A highly trained lawyer can look at your case and choose the most appropriate strategy. Each of our attorneys is dedicated to arguing your case and preventing a conviction.

Frequently Asked Questions About California Drunk Driving Charges

Below, you’ll find answers to some questions you may have about DUI charges.

How do prior convictions in other states affect a current San Diego DUI case?

California prosecutors and judges consider out-of-state DUI convictions when determining penalties. This means that a previous DUI from another state will likely result in harsher penalties if you are convicted in California because it will be deemed a repeat offense.

Information sharing between states is faster and more reliable than ever before. Therefore, it is very unlikely that a criminal record from another state would go unnoticed in your current DUI case.

Can I be charged with a DUI offense if I was sitting in a parked car?

Yes, you could. The relevant factor is whether you were in “actual physical control” of the vehicle. If you had the ability to start and operate the vehicle – even if the car wasn’t moving when the officer spotted you –  then you could still face DUI charges.

Prosecutors ultimately make this judgment call, and it often depends on the circumstances. For instance, if someone was found in the back seat and the keys were not in the ignition, they would likely look less guilty than someone sitting in the driver’s seat with the engine running.

Working with an experienced DUI defense attorney is critical when attempting to argue that you had no intention of driving.

How does a DUI affect immigration status or visa applications?

In nearly all cases, a DUI charge and/or conviction is likely to negatively affect your immigration status. A nonimmigrant visa can be revoked based on DUI charges alone. A conviction may be cited in discretionary decisions, such as whether you are a person of “good moral character” or whether you should be released on bond from immigration detention.

Thankfully, a DUI conviction is not currently an offense for which someone would automatically be deported. However, you would ultimately be in a safer position if you could secure an acquittal or get the charges reduced to something like reckless driving. The help of an experienced criminal defense lawyer is highly important to achieving these goals.

How do California DUI laws apply to autonomous or semi-driving vehicles?

California DUI laws apply to all vehicles, including autonomous and semi-driving ones. If you are in control of such a vehicle while under the influence, then you can still be charged with a DUI offense. Even with advanced technology, human supervision is required and being impaired while overseeing these systems is against the law.

DUI 101: Get On The Road To The Best Possible Outcome – By Mark L. Deniz

Start Your DUI Defense Today

If you have been charged with a DUI offense and live in San Diego County, contact us today for a free initial consultation. Call our San Diego office at 858-429-9982 or complete our online form.