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Mike Richmond-El Cajon

Destined To Lose Your License?

Even though you've been arrested for DUI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses ­ all of which may help you to win your case at trial.

To find out what you need to know about your DUI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

California DUI Drunk Driving Defense Information

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San Diego University Substance Abuse Center:

The primary mission of the Center on Substance Abuse (CSA) Driving Under the Influence Program (DUIP) is to help reduce the incidence and prevalence of driving under the influence and the negative consequences of this behavior for our community and its residents, and to assist participants in identifying and seeking solutions to their own alcohol and other drug problems.

In order to accomplish this mission, we are committed to providing, under the guidelines established by the State of California and the County of San Diego, the highest quality of educational and counseling services to those who have been convicted of violating the DUI laws.

The San Diego State University CSA DUI Program operates under California license, (#3700501120). The Official licensee is the SDSU Foundation a California non-profit organization under Chapter 501(3)c of the IRS Code. However, the program is administered by the University College of Health & Human Services, School of Social Work through the CSA. Since its designated area of services by the courts is the San Diego court district, it is referred to as the "Central District DUIP". Specific operations are in accordance with the California Health and Safety Code (H&S C) statute, Chapter 9, Section 11836 through Section 11838.5. This statute is implemented via regulations adopted by the California Department of Alcohol and Drug Programs (ADP), specified in the California Code of Regulations (CCR) Title 9, Section 9795 through Section 9886.

San Diego DUI Lawyers

• Ramona Hallam: In all criminal cases, the defendant is presumed to be innocent. A criminal case begins when a prosecutor files formal charges, a person is arrested, or a grand jury issues an indictment.   If you would like to receive a consultation with an attorney click here. If a defendant, the person accused of a crime, is in custody, he or she has the right to an arraignment within 48 hours of being arrested. At this hearing the judge will officially tell defendants about their constitutional rights and explain the charges against them. Also, bail (property temporarily given to ensure that a person released from custody will return at an appointed time) may be raised or lowered. In order to be released without paying bail, defendants may request to be released on their promise to appear. This is called "on their own recognizance" At the arraignment defendants will be asked to plead to the charges against them: guilty, not guilty, or, in some cases, nolo contendere Misdemeanors Defendants who plead guilty to a misdemeanor may be sentenced during the arraignment, unless the judge wishes to postpone sentencing in order to study a probation report. During the arraignment, if a defendant pleads not guilty to a misdemeanor, the judge will set the date for a trial. The trial will be held within 30 days if the defendant is in custody or within 45 days if the defendant is not in custody-unless the defendant waives the right to a speedy trial. If a defendant pleads guilty to a felony at the arraignment, he or she must be represented by an attorney (unless the defendant, in a noncapital case, waives the right to one). After a guilty plea, the judge has the option to keep the case in that court for sentencing or probation or to transfer the case to a superior court.
• Thomas Matthews: The Sixth Amendment guarantees that all criminal defendants "shall enjoy the right...to have the assistance of counsel." The U.S. Supreme Court has interpreted the Sixth Amendment right to counsel to mean that a defendant must be represented by counsel during any "critical stage in a criminal proceeding.
• Micheal Crowley: As the accuracy of SFST results depends on an officer following standardized procedures during test administration, the NHTSA encourages states to implement refresher training requirements for practitioners. Despite the significance of compliance with standardized procedures in the administration of the SFST battery, courts have upheld WAT and OLS test results even when an officer has deviated from protocol. This is because physical agility exercises can be interpreted by police officers and by others in court. On the other hand, because of its scientific nature, the HGN test is less open to interpretation and courts are more likely to suppress the results of the HGN test when an officer has failed to strictly comply with protocol. Accordingly, courts often require prosecutors to lay the foundation for the admission of HGN evidence via expert testimony. Prosecutors often call on local optometrists to testify as experts in DUI trials. Optometrists in numerous DUI trials have based their expert testimony on a resolution adopted by the American Optometric Association, which endorses the HGN test as scientifically valid and reliable.
• Michael Owens: Beware of DUI attorneys who will show you a video and make unrealistic promises. Others will guarantee you a low price and later throw you to the mercy of the court.
• Kerry Steigerwalt: Driving under the influence, referred to as, "drunk driving," describes operating a motor vehicle while one's blood alcohol content is above the legal limit set by California statute, which supposedly is the level at which a person cannot drive safely. State statutes vary as to what that level is, but it ranges from .08 to .10 for adults, which means a 8/100ths to one-tenth of one percent by weight of alcohol to the weight of blood. This is translated into grams of alcohol per 100 milliliters of blood in tests of blood or urine sample, or grams of alcohol per 210 liters of air in a "breathalyzer" test. A combination of the use of alcohol and narcotics can also be "under the influence" based on erratic driving. Driving on private property such as a parking lot is no drunk driving defense, but sitting in a non-moving vehicle without the ignition on probably is (sometimes resulting in a charge of "drunk in and about a vehicle"). This is a misdemeanor and is variously referred to as DUI, driving while intoxicated (DWI), drunk driving, or a "deuce".
• Pacific Law Center: California has two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b) 23152: Alcohol and or drugs: (a). It is unlawful for any person who is under the influence of an intoxicating beverage, or under the combined influence of an alcoholic beverage or drug to drive a vehicle. 23152: Alcohol and or drugs: (b) It is unlawful for any person who has a .08 percent or more by weight to drive a vehicle. The difference between a misdemeanor and a felony is: misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to 6 months in jail whereas a felony has injury and the penalty could be as much as up to one year in a state prison. Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
• Bukowski Associates: If you are accused of a crime, every decision you make with respect to your case will affect the rest of your life. Whether you choose to go to trial or accept a plea bargain, we will work tirelessly to ensure that you obtain the best possible result. Do not gamble with your future - decide to go with the best representation available in San Diego County.
• Ray Estolano: The punishment for a DUI ranges from jail/prison time to a fine with summary probation. Sometimes, depending on the facts, your case can be dismissed or negotiated down to what's called a wet reckless.
• James Bickford: Regulation of Blood Alcohol Testing In order for the state to successfully use information gathered from blood, urine or breath testing, it must be sure the test is accurate. Blood alcohol testing is a complicated and technical chore. Because it is measuring small amounts of chemicals involved in a complicated chemical process, it is crucial for the state that the equipment be tested and calibrated frequently. It must also ensure that whoever administers the test follows all procedures exactly. This means that the person must have proper training, and if the law calls for it, re-certification at appropriate intervals. Because the test must be given under optimum conditions, the officer must arrange these conditions. There are many technical reasons why a given test could be inaccurate. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.
• James Gleave: If you are arrested for a crime, the judge will usually set what is called "bail." Bail is sometimes set, per a schedule, immediately after you are booked for a crime. For more serious crimes, bail may not be set until your arraignment, which is the court date where the charges are read against you and you enter your plea. Bail is the amount of money you are required to pay in order to be able to leave jail during the period between your arraignment and trial. In some cases the judge may deny you any bail, meaning that you will have to stay in jail to await your criminal trial. For example, individuals who commit particularly reprehensible crimes or who are considered to be a high flight risk may be denied bail. In most situations, you are not required to pay the full bail amount, but are instead allowed to post a portion of it, as a "bond." The bond is your promise that you will show up for all required court appearances. There are many different ways in which bond can be posted.
• Brian White: In California you are prosecuted twice for Driving Under the Influence (³DUI² or ³DWI²): once by the court and once by the Department of Motor Vehicles (³DMV²).  The court will seek a conviction; the DMV will try to take your license­even if your license was issued by a state other than California.  You must therefore mount your defense on two fronts. To preserve your license YOU MUST REQUEST A HEARING WITH THE DMV WITHIN 10 DAYS FROM THE DATE OF YOUR ARREST.  If you fail to make the request your license will be suspended from 4 months to 3 years, depending on your circumstances.  At the DMV hearing, called an Administrative Per Se hearing, or ³APS² hearing, the DMV must prove three things: (1) That the officer had reasonable cause to believe that you were driving under the influence; (2) that you were lawfully arrested; and (3) that your blood alcohol content was 0.08% or more (0.01% if you are under 21) at the time of driving.  APS hearings often involve highly technical issues, but can be won even if your blood alcohol level exceeded the legal limit.  In addition to fighting the DMV, you must also fight your DUI case in court.  A DUI conviction can result in a fine, a DUI offender¹s program, a license suspension, and possible jail time.  In addition, a DUI conviction will result in increased automobile insurance premiums.  It is therefore critical that your case be handled by an attorney who will aggressively examine all possible defenses available to you. 
• Michael Richmond: Even though attorneys are schooled in the laws pertaining to a wide variety of legal areas, a huge amount of expertise comes from practical experience. Either by prosecuting or defending individuals or businesses. For DUI cases, which involve a great deal of science in addition to just knowledge of the basic governing laws, this experience may be the most critical thing. And because of the complexity of DUI cases, knowledgeable attorneys consider them to be among the most difficult to defend. Because of this same complexity, a great many attorneys make up to 10 big mistakes when it comes to defending DUI clients . . . mistakes which can profoundly harm their clients in terms of losing their license, paying considerable fines, being jailed, having huge increases in their insurance rates, and the effect it could have on their current or future job. To protect yourself and to help decide whom to hire and how to plead, you had better know what these mistakes are.
• Stephen Brodskey: Driving under the influence is the most common offense in our society. It can be charged as either a misdemeanor or felony, depending upon your record or whether there were serious injuries. If you have three or more prior DUI convictions, the prosecutor will most likely file a felony DUI case against you. If your DUI resulted in an accident causing serious injuries to your passengers or to the driver or passengers of other cars, your case will be prosecuted as a felony.
• Samuel Spital: If you are arrested for DUI, you will be prosecuted by two agencies, the City Attorney/District Attorney and the Department of Motor Vehicles. Each handles their matters differently. The criminal justice system is a complicated system and the consequences of a DUI are severe. If this is your first offense, the minimum sentence is 3 years probation on condition: (1) you pay $390 fine plus penalty assessment plus fees. Penalty assessment is the state tax of 200%. Depending on the jurisdiction, the fine totals $1200 to $1500. (2) you receive a 90-day license restriction or 48 hours in jail. (3) you attend a 90-day alcohol program, once a week for 90 days. Not all jurisdictions allow a restricted license instead of a mandatory period in jail. Some Courts require Formal Probation, while most courts require Summary Probation (without a probation officer). You may end up in jail for a maximum of 6 months on a first offense and 1 year for a second or third offense. While jail time is more unusual than in most first offenses, no one can promise you anything without knowing the facts.
• Akel & Associates: Arrests for DUI will result in two separate cases. First a DMV Per Se hearing must be requested within ten days of arrest or your right to a hearing may be waived and your driving privilege may be suspended or revoked. Secondly, a criminal case will be prosecuted against you which can result in fines, community service and/or jail time . A conviction for either charge can remain on your record for seven years; any future arrests for DUI within that period will result in the suspension of your license and mandatory jail time. If you have been arrested for driving under the influence, you should contact a competent and qualified attorney immediately to protect your rights.
• Timothy Richardson: A person is under the influence of an alcoholic beverage when as a result of drinking such alcoholic beverage his physical or mental abilities are impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence, under the same or similar circumstances.
• San Diego County DUI Law Center: If you are arrested for Drunk Driving or Driving Under the Influence, you probably need to save your driver's license.
• Michael S. Berg: The original reason the officer stopped you need not be related to driving under the influence. In fact, routine stops for broken taillights, out-dated registration or even cracked windshields have been upheld as sufficient cause for officers to detain individuals and then to check symptoms for driving under the influence. In any given case, however, there may be grounds to have the case thrown out by the filing of a motion to suppress the evidence based upon an initial bad detention.
• Cole Casey: The consequences that result from the prosecution of a DUI case can vary tremendously, depending upon the facts and the skills of your lawyer. Because there are so many DUIs, standardized treatment by the courts has developed. For the garden-variety DUI, the law requires four minimum, mandatory consequences: 1.Three years of informal or summary probation. This is the easy kind of probation, without a probation officer to report to. You are on probation to the court, and it is a promise not to get arrested again for three years. 2.A fine of approximately $1,250.00, and you will have plenty of time to pay it. 3.A level one drinking-driver program. You must attend ten weekly sessions of approximately three hours each. 4.A ninety day license restriction, allowing you to drive to and from work, during the course of your employment, and to and from the alcohol program mentioned above.
• Mark R. De Yoe has extensive experience in drunk driving cases in all San Diego courts, together with over a decade of DMV experience.
• Eddy, Canizalez & Associates: Most drinking and driving offenses are misdemeanors. The most common misdemeanor drinking-driving offense is known as DWI, or driving while intoxicated, or DUI, driving under the influence of an intoxicant. Reduced to simple terms, most misdemeanor drinking and driving offenses consist of four acts. The operation or other use of a vehicle, in a covered location, while under the influence of an intoxicant. These four acts must be proven beyond a reasonable doubt to convict a person of any drinking and driving defense.
• Eugene Ellis: You need to hold your head up and realize that just because you have been given a DUI ticket, you are not a bad person. You are the same person you were the morning before you got your DUI ticket, and you will be the same person tomorrow. Don't give in to the humiliation tactics. It's not the end of the world, you will come through this.
• Sandy Feinland: You may have a defense to a DUI charge of which you are not aware. You should contact an experienced DUI attorney to discuss your case.
• Michael I. Gowdey: A qualified lawyer can offer a person accused of DUI many possible defenses, from defense based upon lack of probable cause to stop the person, to rising blood alcohol defense, and more. These defenses could result in dismissal of the charges, reduction of the charges, or outright acquittal at trial. Further, an experienced lawyer can safeguard a defendant's interests in areas that the defendant may not even think of when assessing the need for retained counsel.
• Kraffert & Shaffer: Non-injury drunk driving is usually referred to as misdemeanor drunk driving. Drunk driving which results in an injury is referred to as felony drunk driving, although it can also be charged as a misdemeanor. A person will be convicted of non-injury misdemeanor drunk driving if he or she has operated or otherwise used, a vehicle, in a covered location, while under the influence of an intoxicant, without having caused injury to another. Drunk Driving which results in an injury is a felony. Even slight injury may be sufficient evidence to constitute felony drunk driving. If death occurs as a result of driving while under the influence of an intoxicant, a person may be charged with vehicular manslaughter while intoxicated or gross vehicular manslaughter while intoxicated.
• Douglas Holbrook: Other than a minor traffic violation, a drunk driving charge is often an individual's first, and sometimes only, personal exposure to the procedures of our criminal justice system. Although these cases can sometimes appear to be simple and straightforward, they often involve subtleties which may raise issues and significantly affect the defense of the case when viewed by an attorney with appropriate training and experience.
• Mr. DUI: A DUI is a criminal offense. If convicted, it may stay on your record for life.
• Matthews, Bergin & Grier: BAC Chart
• Mary Prevost: The officer who pulled you over will provide his reports to the prosecutor's office. The prosecutor may add or delete charges originally brought once he or she obtains the blood alcohol results. You must enter a plea of NOT GUILTY. In no case should you plead guilty right away. It is essential to review all police reports, scientific results, and the procedures used at arriving at a particular blood alcohol level, before you enter a plea.
• David Pomeranz: All California criminal cases begin in the criminal court of the county in which you were arrested. The District Attorney (DA) receives and reviews the police officer's report to decide whether to prosecute you. Generally, the prosecution does in fact file the case! Why? Because if your Blood Alcohol test shows over .08%, you are 'presumed' to be under the influence and the burden of proof shifts to you to 'prove' your innocence. In San Diego County, The District Attorney prosecutes most D.U.I. cases in the outlying areas (El Cajon, South Bay, North County) while the City Attorney prosecutes in Central San Diego.
• Recordon & Recordon: If you do nothing immediately after your arrest the Department of Motor Vehicles will suspend your license for four months on the first offense and one year on a second offense. You must set a DMV hearing immediately to stop the automatic suspension until a hearing take place. If you are successful at the hearing the suspension is "set aside" and you retain full driving privileges. I have won hundreds of DMV hearing over the years.
• David Semco: You can fight a DUI and a license suspension. If you are in the right you can win if your lawyer is prepared. A mere failure of proof by the prosecutor may hand you the verdict. In case of doubt, you get the benefit of it, not the prosecution.
• Phillip Sokol: This is a serious offense. You are being prosecuted by the government for committing a crime. They have extensive resources and excellent, experienced prosecutors who are trying to convict you.
• Michael Richmond: The Preliminary screening device most commonly used in San Diego County is the Alco-Sensor IV. The instrument utilizes a sensor that is a two sided porous disk layered with platinum to detect the presence of alcohol in your breath. When your breath sample is drawn into the machine any alcohol that comes in contact with the disks surface is supposed to be broken down chemically and the number of resulting electrons is then converted mathematically into an electrical signal which corresponds to a Breath Alcohol Concentration. California Vehicle Code Section 23157(h) establishes that this test is simply another Field Sobriety Test to be used by the officer to determine whether or not he or she thinks that you were driving under the influence. However, did you also know that the Vehicle Code goes on to say that the officer is required to advise you of your right to refuse to take this test? Were you offered this option? In addition, each unit is supposed to be checked at least every 10 days or 150 tests for accuracy. Your DUI lawyer should look into this. In addition, before you participated in this test the officer should have asked you to remove all food, drink, tobacco products, chewing gum, and/or objects from your mouth - with the exception of permanent dental devices. Did he do this? Again, your DUI attorney should look into this as well.