Del Mar DUI Defense Attorneys

Arrested on a DUI Charge in Del Mar?

Southern California has several strict laws regarding alcohol consumption and traffic violations, often leading to harsh punishments for DUIs. A DUI conviction in Del Mar may not just end with jail time and fees but also license suspensions, community service, vehicle impoundment, and even more penalties if you have prior charges. These penalties can also destroy your career if you drive commercially or serve in the military, impacting the livelihoods of repeat offenders.

But you still have options. A DUI charge does not always have to end in a conviction, let alone a trial. To beat these charges, you will need the best legal counsel in Del Mar. That is why, if you or someone you love has been charged with a DUI, you should immediately call jD Law Criminal Defense Attorneys at (760) 546-5905 to speak to an experienced Del Mar DUI defense lawyer.

Back to Top

Types of DUI Cases Our Del Mar Firm Handles

At jD Law Criminal Defense Attorneys, we have more than 30 years of experience handling criminal cases throughout San Diego County, and we specialize in providing strong defenses for clients charged with DUIs, ultimately leading to positive case results. While our lead lawyer can effectively negotiate down your charges by speaking to the district attorney if you are a first-time offender, he can also provide a thorough defense for repeat offenders, members of the military, and minors.

Among the many cases we have handled in the past, we can defend you against charges of:

• Wet Reckless
• DUI & Drugs
• DUI with Injury
• Commercial Driver DUI
• Rideshare DUI
• Boating Under the Influence
• Military DUI
• Underage DUI
• Out of State DUI
• Vehicular Manslaughter

No matter the charge you face, it is important to contact the best defense attorney in North County to ensure you receive fair treatment under the law and avoid facing significant penalties.

Back to Top

What Is DUI as a Wobbler Charge?

In DUI cases, a “wobbler” offense refers to a charge that can be prosecuted as either a misdemeanor or felony, depending on specific circumstances. A first-time DUI offense is typically prosecuted as a misdemeanor. In contrast, subsequent offenses or those involving aggravating factors may be elevated to felony charges, carrying more severe penalties, including longer prison sentences and significant fines.

Factors considered when deciding whether to upgrade a DUI to a felony include:

• Prior DUI Convictions: Multiple DUI offenses within a specified timeframe demonstrate a pattern of impaired driving behavior, indicating a greater risk to public safety. Felony charges may be warranted to deter repeat offenses and impose stricter penalties.
• Aggravating Factors: Factors such as excessive speeding, reckless driving, or driving with a suspended license exacerbate the seriousness of the DUI offense. They indicate a heightened disregard for traffic laws and public safety, justifying felony charges to reflect the increased risk posed to others on the road.
• Injury to Others: DUI incidents resulting in injuries or fatalities to others highlight the direct harm caused by impaired driving. Felony charges are appropriate to address the significant harm inflicted and to hold the offender accountable for the consequences of their actions.
• Child Endangerment: Driving under the influence with a child in the vehicle not only endangers the child’s safety but also demonstrates a particularly egregious form of negligence and disregard for the welfare of a vulnerable individual. Felony charges are justified to ensure heightened accountability for putting a child at risk.
• Property Damage: DUI incidents involving significant property damage indicate a heightened level of recklessness and potential harm to the community beyond just impaired driving. Felony charges may be necessary to address the financial and societal impact of the damage caused.

These explanations illustrate why these factors are critical in determining whether a DUI offense should be upgraded to a felony, reflecting the severity of the offense and the need for stronger legal consequences.

Back to Top

Legal Consequences of a DUI Conviction in Del Mar

While most people focus on first-time offenses for a DUI, this offense can quickly snowball depending on the circumstances of your case. California has several sentencing enhancements that apply to DUI cases, including additional charges for members of the military, cases where someone was injured in an accident, and long-term ramifications if you were driving a commercial vehicle like a truck, delivery van, or rideshare car.

To begin with, a first-time DUI charge can result in imprisonment in a San Diego County Jail for between 48 hours and six months, a $1,000 fine, and a six-month license suspension. However, even first-time offenders can be subject to a DUI enhancement if their BAC is high enough, leading to harsher DUI penalties. One of the most common DUI enhancements is having a prior DUI on your criminal record, which can lead to second-time offenders facing a minimum of 10 days in jail to up to one year, a $3,000 fine, two-year license suspension, vehicle impoundment, probation for three to five years, and an alcohol treatment program. There is also the real possibility of having an ignition lock device installed in your vehicle.

While most DUIs are charged as misdemeanors, a felony conviction is a real possibility if someone is injured during an accident. The prosecution may seek a sentencing of:

• Imprisonment in a California state prison for 16-months, two or three years
• Fines of between $390 to $1,000
• A license suspension for up to five years
• DUI school attendance for between 18 to 30 months

However, these charges are not set in stone. With the proper defense, your attorney may be able to have your charges reduced to a lighter sentencing or diversion program or have your case dismissed without even going to trial.

Back to Top

Understanding Administrative and Court Proceedings

Following a DUI arrest, two distinct proceedings ensue: administrative and criminal. The administrative process involves a DMV hearing to determine license suspension, typically within days of arrest, where evidence and testimony are presented. Criminal court proceedings follow, addressing the DUI charge itself, including arraignment, pre-trial motions, trial, and sentencing if convicted.

Lawyers play a crucial role in both settings, advocating for clients’ rights, challenging evidence, and negotiating plea deals where applicable. Clients can expect a timeline spanning several months, varying by jurisdiction and case complexity, with attorneys guiding them through each stage to achieve the best possible outcome.

Back to Top

Escalating Penalties for Subsequent DUI Convictions

Subsequent DUI convictions in many jurisdictions lead to escalating penalties that increase with each offense. Typically, penalties include longer periods of license suspension, mandatory jail time, and higher fines. For instance, a second DUI conviction often results in longer license suspension periods, mandatory minimum jail sentences, and mandatory completion of alcohol education programs. These escalating penalties are intended to deter repeat offenses, acknowledge the increased risk posed by habitual offenders, and emphasize the seriousness of impaired driving violations. They reflect legal efforts to protect public safety and reduce the likelihood of further DUI incidents.

Back to Top

How to Act During a Traffic Stop to Protect Yourself

During a traffic stop, it is crucial to remain calm and respectful towards law enforcement officers. Cooperate by providing your license, registration, and insurance while exercising your rights, such as remaining silent and politely declining to answer questions that could incriminate you. Avoid admitting guilt or making statements without legal counsel present.

Importantly, you can refuse field sobriety tests (FSTs) other than chemical tests like breathalyzers. These tests are subjective and can be used against you in court. However, when exercising this right, it is important to remain respectful yet firm—not antagonize the law enforcement officer. Instead, comply with lawful requests such as providing identification and vehicle documentation. Following these guidelines can help protect your rights and ensure a more favorable outcome in any legal proceedings that may follow.

Back to Top

How a Del Mar Defense Attorney Can Help Defend Your Rights

Building a defense strategy for a DUI case requires a keen eye for detail and an in-depth understanding of Del Mar’s law. If you reach out to jD Law Criminal Defense Attorneys, we can review every aspect of your case, from how you were arrested to your BAC test results, to prepare a sound defense case on your behalf. Defenses we have used to help clients receive lighter sentencings include:

• The arresting officer performed an illegal stop
• The arresting officer violated your civil rights, such as through an illegal search and seizure
• The field sobriety test was improperly administered
• There are no other forms of evidence besides the objective signs of intoxication

Each case is unique, and our firm will need to take a closer look at your case before we develop your defense. However, with more than 30 years of experience, you can trust that we will not back down from a challenging case.

Back to Top

Get Legal Help from Our DUI Defense Lawyers in Del Mar

Fighting these charges will require a thorough understanding of California state laws, DUI testing requirements, and criminal investigation procedures. Luckily for you, our lead lawyer, James N. Dicks, is a former LAPD officer, a board-certified criminal law specialist, and has more than 30 years of experience defending clients in criminal trials. He can apply the same experience, skill, and knowledge he has utilized for previous clients to defend you from a DUI conviction.

If you or someone you love has been charged with a DUI, contact jD Law Criminal Defense Attorneys at (760) 546-5905. Our Del Mar criminal defense lawyer can explain your rights in a free consultation and advocate on your behalf in a criminal trial.

Back to Top

Sample of Case Results

• DUI with BAC of .23% -
  Charges Reduced
• Felony DUI Causing Injury -
  Charges Reduced
• Felony DUI Causing Injury -
  All Charges Dropped

View more case results here.