San Diego DUI Attorney

Are You in Need of a Trusted San Diego DUI Attorney?

If you have been arrested for driving under the influence (DUI) in San Diego, it is important to find the right attorney. The legal and personal consequences can be life-altering. California law treats DUI offenses seriously, with penalties that can affect your license, freedom, and reputation.

You do not have to face these challenges alone. At jD Law Criminal Defense Attorneys, we offer dedicated, strategic DUI defense tailored to your unique situation.

James N. Dicks is uniquely qualified to help defend your rights, liberties, and reputation in the face of DUI charges. Prior to obtaining his law license, James was a police officer, so he has first-hand experience in police procedures related to DUI arrests.

What does this mean for you? Attorney James knows how cops can violate your rights, and he knows how to expose that. Call (760) 630-2000 to request a free, confidential review of your San Diego DUI case.

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Why Choose Us Over Other San Diego DUI Defense Attorneys?

• Over 30 Years of Legal Experience
• Certified Criminal Law Specialist by the California Board of Legal Specialization
• Former LAPD Investigator – Unique law enforcement insight
• Thousands of DUI and criminal cases handled
• Listed in Super Lawyers based on peer reviews and independent research
• AVVO Client Choice Award recipient (7-time winner)
• Spanish-speaking staff available
• 24/7 Availability for Urgent Legal Help

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How We Help With Your San Diego DUI Defense

At jD Law Criminal Defense Attorneys, we understand that every DUI case is different. Our defense strategy starts with a thorough analysis of your arrest, including reviewing the following:

• Legality of the traffic stop
• Field sobriety test procedures
• Breathalyzer or blood test protocols
• Police bodycam or dashcam footage
• Chain of custody for evidence

We use this evidence to identify any procedural errors, constitutional violations, or technical flaws that may support a motion to suppress or dismiss. If trial becomes necessary, we are fully prepared to challenge the prosecution’s case in court.

Our goal is to achieve the best possible outcome while minimizing the impact on your life. So, depending on your circumstances, we may pursue:

• Case dismissal based on unlawful stop or arrest
• Suppression of improperly obtained evidence
• Reduction of charges to a lesser offense (e.g., wet reckless)
• Probation instead of jail time
• DUI diversion programs where eligible

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Helping Normal People in Extraordinary Circumstances

Among James' many case results, one dealt with a normal, responsible woman who got caught up in a misunderstanding that nearly destroyed her life. After making the conscious decision to have a designated driver for a night out, the woman and her friends were involved in an accident. When cops arrived on the scene and saw her standing near her car, they unfairly accused her of drunk driving. Despite insisting that she was not driving her car, the officers did not believe her and arrested her after she failed a field sobriety test.

Attorney James N. Dicks believed in her. Through dedicated advocacy and efficiency, we were able to find and introduce witnesses who testified that she was, in fact, not driving the vehicle. Not only were we able to help our client keep her license, but all charges were ultimately dropped. Our client was able to close this shocking chapter of her life and begin anew.

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What Is the Legal Limit in CA?

The legal limit for blood alcohol concentration (BAC) while driving for anyone 21 years old or older is 0.08%. If you are under 21, the limit is 0.01%.

In addition to questions about alcohol or drugs, the officer may choose to ask the driver to perform certain field sobriety tests along with a preliminary alcohol screening test done by a breathalyzer. Both types of tests may be requested, or only one. Individuals in California have the right to refuse these tests, and the officer must inform you of this right. However, if an individual refuses to take a test, the officer can ask for and receive a search warrant signed by a judge to seize a sample of his or her blood. After the search warrant is signed, the officer or deputy will call for a phlebotomist to draw blood. At this time, law enforcement personnel will hold the individual down using force to allow the phlebotomist to draw the blood. This entire blood draw will be recorded by a supervising law enforcement officer. This video can be used against an individual charged with refusing the test.

Additionally, refusing to give a breath or a blood sample at the station or jail will result in a one-year suspension of an individual's license. During each part of the investigation, the requirements for probable cause or reasonable suspicion become higher. This means that an officer can stop a vehicle for a minor traffic violation, but it will be more difficult to prove that he had the right to investigate further without cause.

From the onset, he demonstrated a high degree of professionalism and tact.

"I hired attorney Dicks in 2012 to represent my interests in a DUI case. Upon successful initial representation, I had reasons to believe that my record can be sealed and destroyed. Attorney Dicks handled the expunging process successfully, and without reservation, I hereby recommend his services to anyone who seeks impeccable defense, expertise, and professionalism!"

- Anonymous

Protecting Your Rights During a DUI Investigation

Cooperating with police during a DUI stop is crucial, as your demeanor is being carefully evaluated. Politely refusing field sobriety tests safeguards against potentially subjective assessments and unreliable results, protecting one's legal rights. However, complying with mandatory chemical tests, like breathalyzer or blood tests, limits the risk of severe penalties, including immediate suspension of driver's license. If you register above the legal limit, other legal actions can be employed, such as determining whether the test was performed correctly or whether the testing unit had been correctly calibrated or maintained.

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What Happens After I Am Arrested for a San Diego DUI?

After you are arrested for drunk driving in Vista or San Diego, you will be held in custody — or the "drunk tank" — until you post bond or are released on your own recognizance. The arresting officer will likely take your driver's license away and issue you a temporary one along with a pink slip. This informs you that your license will be suspended 30 days after the date of your DUI arrest.

In some cases, those charged with a DUI may still be able to get their licenses back, but it is important to take action within 10 days of being arrested. The DMV is very strict about this deadline and will not accept any reason, valid or not, why you were unable to contact them within the 10 days.

While you might think you should just contact the DMV office closest to you, that is not necessarily true. Instead, you must contact the California DMV Driver Safety Office in your local area. The driver safety office will schedule a date for a hearing; this is not a criminal proceeding, and the court may even allow the hearing to take place over the phone.

Although not criminal, it is advised that you retain a lawyer to represent you during the hearing. This is the best chance you have of getting your license back sooner. A lawyer will also be able to help you prepare for the questions you will be asked, such as whether the officers had probable cause to make the arrest.

Regardless of the outcome of the DMV hearing, an arraignment will be held, during which you will be read your rights in court and informed of the charges pending against you. After this point, James N. Dicks will work to submit pretrial motions to ensure that all evidence is lawful — or move to have it suppressed.

It may be wise for certain individuals to consider a plea bargain during this stage, which offers the opportunity to plea to a lesser charge. We understand that this is a difficult decision to make, but if the evidence is stacked against you, losing will have severe ramifications. Plea bargains can help to significantly mitigate the penalties you would otherwise face. Attorney Dicks can provide rational and experienced legal counsel to help you make the right decision.

The final stage of the case is the trial, during which evidence and testimony are heard, and a decision is made regarding guilt or innocence. If the verdict comes back as guilty, a follow-up hearing will be scheduled for sentencing.

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San Diego DUI Penalties & Consequences

California DUI laws are governed by the Vehicle Code Sections 23152(a) and 23152(b). Penalties vary based on factors such as prior offenses, BAC level, and whether injuries occurred. Here is a general breakdown of potential consequences.

First DUI Offense:

• 48 hours to 6 months in county jail
• $390 to $1,000 in fines (plus penalty assessments)
• 6 to 10-month license suspension
• DUI education program (3 to 9 months)
• Probation (usually 3 years)

Second DUI Offense (within 10 years):

• 96 hours to 1 year in county jail
• Increased fines and penalty assessments
• 2-year license suspension
• 18- to 30-month DUI education program
• Mandatory ignition interlock device (IID)

Third DUI Offense:

• 120 days to 1 year in jail
• 3-year license revocation
• 30-month DUI education program
• Habitual traffic offender status

Aggravating Factors That Increase Penalties:

• BAC of 0.15% or higher
• DUI with accident or injury
• Child passenger in the vehicle
• Refusing a chemical test

DMV Consequences:

In addition to court-imposed penalties, the California DMV can suspend your license independently. After arrest, you have only 10 days to request a DMV hearing to contest the suspension.

Long-Term Consequences:

• Increased insurance premiums
• Difficulty securing employment or housing
• Professional license issues
• Immigration consequences (for non-citizens)

Because the consequences are so severe, it is essential to have an experienced San Diego DUI attorney guiding you through every stage of the process.

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DUI Defense Strategies

Our experienced San Diego DUI defense attorney employs various strategies to challenge DUI charges. We scrutinize the legality of the traffic stop, questioning probable cause and whether law enforcement was guilty of a rights violation in the traffic stop. We may challenge the accuracy of field sobriety and breathalyzer tests, highlighting potential flaws in administration or the accuracy of a DUI testing unit. We may analyze the chain of custody for blood or urine samples, addressing potential contamination or mishandling. Additionally, we may investigate medical conditions or medications that could have influenced the outcome of DUI test results. By meticulously examining the evidence, we can cast doubt on the prosecution's case when seeking the most favorable outcome.

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About Ignition Interlock Devices

With a DUI conviction, you may often expedite the reinstatement of your license by installing an ignition interlock device (IID) in your car. When is an ignition interlock device required? It can be used as a condition of license reinstatement when a person is charged with driving on a suspended license or convicted of a second or third DUI offense.

A device the size of a cell phone is attached to your dashboard and wired to your ignition. It contains a breathalyzer that you must blow into to start your car. If you register too high, the car will not start. As you drive, the device will periodically call for you to blow again. If you flunk, it will notify you to stop the car and record the violation. If you fail to stop, it will cause the car to make loud sounds and flashing lights.

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Restricted License After a San Diego DUI Conviction

If your driver's license is suspended due to DUI, you may seek a restricted license to permit you to drive to and from work, school, DUI programs, and the DMV. However, obtaining this restricted license is not as easy as it may seem. If you fail to ask for a DUI hearing or lost, your license will be suspended for 120 days for a first offense. After 30 days of your suspension period, you may seek a restricted license.

You need to be able to show the following:

• You have enrolled in a DUI education program
• You have SR-22 or proof of insurance
• You have paid a re-issuance fee

If you have refused a BAC test or have a prior DUI, you need to wait one year before applying. With a previous DUI, you must show that you are enrolled in an SB 38 18-month education program and have completed a substantial part of it. You must also show an SR-22 and pay a re-issuance fee.

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About Felony DUI Charges

The majority of DUI arrests that take place are filed as misdemeanors. However, under certain circumstances, the charges will be filed as a felony. These circumstances include:

• Loss of life
• An accident and/or injury
• Habitual offenders with three or more convictions in the past 10 years
• Other serious aggravating factors

Having a felony conviction on your criminal record will be a disaster — not only in the penalties that could be imposed by the court but in the consequences related to living life as a convicted felon. Before you decide your plea, speak with our San Diego DUI attorney. If vehicular manslaughter or DUI with injury is involved, you may have to serve three or four years in prison with the worst offenders in the state. Hire an attorney who knows how to protect your rights and best interests.

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What About Federal DUI Charges in San Diego?

If you are found to be under the influence of drugs or alcohol and are behind the wheel in a national park, such as Cabrillo National Monument, Switzer Canyon, or Sunset Cliffs, you can be in serious legal trouble. An arrest for DUI while in a national park is a Class B federal misdemeanor. The penalties for a DUI in a national park can include up to six months in federal prison, a $5,000 fine, and five years on probation. Refusing the breath or blood test can also have serious legal ramifications, including spending time in federal prison.

Early involvement in your case can make a significant difference in the outcome and allows for the possibility of getting the charges dismissed or reduced.

How your case is tried will be determined by the location. Some cases fall under the Code of Federal Regulations, while others may be subject to state DUI laws, on the Assimilative Crimes Act, in which both state and federal authorities get involved in your case.

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What About Military DUI Charges in San Diego?

When one is in the military, the consequences and ramifications of a DUI are all the more severe. When one compares a civilian DUI charge to a military DUI charge, there are several differences. When one is a member of the military, their case will be tried in military court. In military court, one does need to have a BAC level of 0.08% or higher to be charged. If the court feels that the individual's BAC level may have impaired the ability to drive, they could face charges, regardless of whether it was at or above the "legal limit." It is possible to be convicted of a military DUI even if your BAC level is below the state limit.

A person in the military may face the following types of penalties:

• Dishonorable discharge
• Pay deduction
• Rank reduction
• Fines
• Prison
• Loss of security clearance

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Arrested for a DUI in San Diego When 21 Years or Younger?

Under the state's zero-tolerance law, drivers under 21 can be convicted of DUI if they are found driving with a blood alcohol concentration of just 0.01% in San Diego. That is one drink. They could lose their driver's license and have a mark on their record. If they are found to have 0.08% BAC, which is the same level as the adult charge, they may be arrested and put in jail the same as an adult. College and scholarship applications frequently ask if an applicant has any criminal record, including a DUI conviction. These charges should not jeopardize your future!

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Life After a San Diego DUI

A DUI conviction can have a profoundly negative impact on your life, affecting independence and access to work, school, and daily tasks. Beyond the legal penalties, a conviction can tarnish your personal and professional reputation and standing in the community. Employment prospects may be limited by a background check that reveals the conviction affecting your future opportunities.

Financial strain from fines, increased insurance rates, and the costs associated with installing an ignition interlock device and monitoring add up fast. Collectively, these repercussions underscore the far-reaching consequences of a DUI conviction.

The first step after a DUI arrest is to exercise your right to remain silent and be represented by an attorney to help you seek to avoid these consequences.

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Other Locations We Serve in California

• Bonsall
• Camp Pendleton
• Cardiff
• Carlsbad
• Del Mar
• Encinitas
• Escondido
• Fallbrook
• Leucadia
• North County
• Oceanside
• Rainbow
• Rancho Santa Fe
• San Marcos
• Solana Beach
• Valley Center
• Vista

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Let Our San Diego DUI Lawyer Protect Your Future, Freedom, & Reputation

A BUI (boating under the influence) or DUI conviction can derail your future. Without skilled and knowledgeable legal help, you could be convicted, even if you were not driving dangerously or another person caused the accident. Many loopholes in these types of arrests include police not having proper cause for stopping you in the first place, DUI checkpoint issues, errors with administering field sobriety tests, faulty breathalyzers, and the science behind alcohol absorption and how it relates to the timing of your BAC test. We will thoroughly investigate the facts of your case, expose any weak points, and take full advantage of these points to your advantage.

Our San Diego DUI defense lawyer at jD Law Criminal Defense Attorneys wants to keep you out of jail — and we have over 30 years of legal experience to do just that. Call us at (760) 334-5390 now.

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Frequently Asked DUI Questions

Do I have to take a breathalyzer test if I get pulled over?

If you are over 21 and not on DUI probation, you may decline a preliminary alcohol screening (PAS) breath test before arrest. However, if you are arrested, you are legally required to take a chemical test (breath or blood). Refusing post-arrest testing carries enhanced penalties.

Will I lose my license immediately after a DUI arrest?

Not immediately, but you have only 10 days to request a DMV hearing. If you do not request a hearing, your license will be suspended automatically.

Can I fight DUI charges even if I failed the breathalyzer in California?

Yes. Breath tests can be inaccurate due to calibration issues, operator error, medical conditions, or mouth alcohol contamination. An experienced DUI attorney can challenge these results.

What if this is my first DUI offense?

A first-time DUI in San Diego still carries jail time, fines, and license suspension. But with no aggravating factors, it may be possible to reduce the charges or negotiate probation instead of incarceration.

Will I have to go to court?

In many misdemeanor DUI cases, your attorney can appear on your behalf. For felony or injury-related DUIs, personal appearances may be required. We will advise you on what to expect.

What happens at the DMV hearing?

This administrative hearing determines only your driving privileges. It is separate from your criminal case. We represent clients at DMV hearings to prevent or delay license suspension.

Will a DUI show up on a background check?

Yes. A DUI conviction becomes part of your criminal record. We work to avoid convictions or seek charge reductions to protect your reputation.

How long does a DUI stay on my record in California?

A DUI stays on your driving record for 10 years. Criminally, it remains on your record unless expunged. We can help you explore expungement options after your case concludes.

What makes jD Law Criminal Defense Attorneys different from other DUI lawyers?

Attorney James’ experience as a former police investigator, combined with Board Certification and a record of client satisfaction, sets him apart. We provide strategic, personalized defense, not a cookie-cutter approach.

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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.