Over 30 years of Experience as a DUI Defense Attorney
One of the most common types of arrests we see stems from driving under the influence of alcohol or drugs – because it’s so easy to have a couple of drinks at dinner, or because you have to take that prescription medication that sometimes makes you sleepy. Whatever the case may be, you can rest assured that San Diego DUI attorney William Daley go to work immediately on your behalf. Attorney William Daley has been defending DUI cases for over 30 years, and handles each case personally. Call us at (619) 238-1905 for your FREE Consultation.
The internet is flooded with information about DUI’s. Below are some of the important things you should be immediately aware of:
10 DAY DEADLINE!
There are two cases pending simultaneously after a DUI arrest. The obvious one is the court case in which criminal charges are brought against you. The less obvious one is the DMV case. The DMV gives you only 10 DAYS to set a hearing to challenge the DUI suspension. If you do not set a hearing within 10 DAYS OF YOUR ARREST, you lose any right to challenge the DUI charge and your license will automatically be suspended after 30 days.
UNDER 21 – RULES ARE DIFFERENT!
California is a ZERO TOLERANCE state when it comes to drinking and driving. If you are under 21, you do not have a right to refuse a preliminary alcohol screening test when stopped for DUI. Also, your blood alcohol concentration only has to be .01 or higher to be above the legal limit (vs. .08 for over 21) . Suspensions are longer for persons under 21.
DUI WITH A PRIOR
A second DUI within 10 years of the first conviction will be charged as a DUI WITH A PRIOR. DUI’s in California come with a five-year probation period attached. If you are arrested for a second DUI within five years of the first, you will likely be charged with violating probation as well.
In some circumstances, such as a DUI involving injuries or hit & run, the DUI will be charged as a felony. This is a serious matter that can involve extended jail time or prison time.
No matter what the scenario surrounding your arrest, we will allocate plenty of time to thoroughly investigate your case, beginning with what led to your arrest. You will review a complete copy of the arrest report and discuss it with your attorney. Your attorney will examine all evidence including the breath testing equipment, maintenance records, observation periods, certifications of machine operators or blood testing technicians, and chains of custody of any specimen samples. If necessary, specimen samples will be obtained and re-tested by an independent expert.
San Diego DUI Defense Lawyer William Daley has maintained a relationship of mutual respect over the years with both the prosecutors and administrative hearing officers of the DMV. However, he is recognized by both prosecutors and DMV officers as a skilled and tenacious fighter on behalf of his clients.
If you are facing DUI charges or a DMV suspension, contact our office today. Our fees are reasonable and competitive, our work is thorough and aggressive, and our priority is helping our clients. Call us today (619) 238-1905 for your FREE Consultation.
The best way to avoid being charged with a DUI is to not drive after drinking or taking medication. We know thatfs not always possible. However, you can avoid being detained by inspecting your vehicle regularly to make sure all the lights are functioning properly, your license stickers are up-to-date and plates are on the front and back of the vehicle, your windshield is not broken, and more importantly, by knowing the rules of the road and following them.