Driving under the influence (DUI) is the act of operating a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs.

There are two basic drunk driving laws in San Diego, which are found in Vehicle Code section 23152, sections (a) and (b):

• 23152(a) It is a misdemeanor for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
• 23152(b) It is a misdemeanor for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

In the vast majority of cases, people arrested in San Diego for a DUI are charged with violating both section 23152(a) and section 23152(b). Even though there is only one act, the law states that a defendant charged with DUI can be convicted of both offenses, but can only be punished for one.

DUI Conviction

If convicted of a DUI in San Diego, your sentence will most likely depend on a number of different factors, including your blood alcohol level at the time of your arrest, the circumstances surrounding your arrest, and whether or not you have a prior criminal history

In most cases and courts , the following minimum penalties for a DUI conviction will be imposed for first-time offenders:

• three years of summary (informal) probation
• a fine of approximately $1,600 (this figure includes court fees and mandatory penalty assessments)
• required attendance at a first offense (AB-541) 36-hour alcohol education program
• 90-day license restriction allowing driving to and from work, in the course of employment, and to and from any alcohol education program
• a MADD program or a supplemental Victims Impact Panel (in some courts)

Penalties become much greater in the event of an injury or death related to the DUI. Vehicle Code section 23153 sets forth the " felony DUI" provisions where an injury results from the DUI, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter".

Contact a San Diego DUI Attorney

If you are facing DUI charges in San Diego County, we can help. Contact us today to schedule a consultation and start planning a course of action.