San Diego and its surrounding county have a vibrant nightlife, making it a prime destination for enjoying drinks with family and friends. However, drinking to the point of intoxication and then trying to drive home can result in harsh penalties if the police pull you over, as California takes a hard stance against drinking and driving.

If you’re reading this, you or someone close to you is likely facing a DUI charge. I understand how overwhelming this can be, and I’m here to help. As a seasoned San Diego DUI defense lawyer, I’ve spent years guiding people just like you through California’s DUI laws. My goal is to make sure you have the best possible defense, so you can get back to your life with as little disruption as possible. Don’t wait- call me, Attorney David Rubin, now.

Why Choose Me as Your San Diego DUI Defense Lawyer?

When you’re facing DUI charges, you deserve legal representation that’s experienced, assertive, and willing to go the extra mile for you. Here’s why you should consider me to defend your case:

• Extensive Experience: I have handled countless DUI cases over my career. I have an understanding of the local court system and the best strategies for presenting your defense. 
• Strong Track Record: While no outcome is guaranteed, I know how to negotiate with prosecutors and fight for your rights in court.
• Transparent Communication: You won’t be left in the dark about your case. I’ll keep you informed at all times, answer your questions, and explain the process in clear, straightforward terms.
• Aggressive Defense: I don’t back down when your freedom is on the line. I’m committed to defending you with everything I’ve got, challenging the evidence and fighting for the best possible outcome.

My practice is built on the relationships I form with my clients. I’m here not just as your lawyer, but as someone who understands what you’re going through and is dedicated to helping you navigate this tough time.

California DUI Laws Explained

In California, it’s illegal to drive while under the influence of alcohol, or with a blood alcohol concentration (BAC) of 0.08% or higher for most drivers. However, the limits are stricter for commercial drivers (0.04%) and underage drivers (0.01%).

DUI charges aren’t just about alcohol. You can also be charged if you’re impaired by drugs, including marijuana or prescription medications, or if you’re impaired by a combination of alcohol and drugs. The penalties can vary based on several factors, such as whether it’s your first offense or if anyone was injured.

In California, most DUIs are known as “wobbler” offenses, meaning they can be charged as either a misdemeanor or a felony depending on the circumstances. The details of your case, such as prior DUI convictions or whether there was an accident, will determine the severity of the charge.

The Consequences of a DUI Conviction in California

A DUI conviction can have serious and long-lasting effects on your life. Depending on the circumstances, here’s what you might be facing:

• First Offense DUI: Typically, a first offense is charged as a misdemeanor. You could face fines, probation, DUI school, and a license suspension. In some cases, you might be required to install an ignition interlock device (IID) on your vehicle.
• Second Offense DUI: If you’ve been convicted of a DUI before, the penalties increase. This includes longer license suspensions, higher fines, more extensive DUI programs, and mandatory IID installation. Jail time is also a possibility.
• Third Offense DUI: A third DUI offense comes with even firmer penalties. Jail time is almost guaranteed, along with fines, a DUI program, and a long-term IID requirement. You could also face a longer probation period and a possible license revocation.
• Felony DUI: A DUI can be charged as a felony if it’s your fourth offense within ten years, if you’ve caused an accident resulting in injury or death, or if you had a previous felony DUI conviction. Felony DUI comes with severe penalties, including state prison time, large fines, and a permanent criminal record.
• Vehicular Manslaughter: One of the most serious DUI-related charges is vehicular manslaughter. If you’re accused of causing someone’s death while driving under the influence, you could face years in state prison, enormous fines, and a lifetime of consequences.

Each of these offenses can have a profound impact on your personal and professional life, which is why it’s so important to have a skilled San Diego DUI defense lawyer on your side.

What to Do If The Police Pull You Over

Getting pulled over by the police can be nerve-wracking, especially if you’ve had a drink or two. Here’s what you should do to protect your rights:

• Stay Calm and Polite: Always remain calm and respectful. Any aggressive behavior can make things worse and could be used against you later.
• Provide Your Basic Information: You’re required to give your name, license, registration, and proof of insurance. Beyond that, you have the right to remain silent.
• Decline Field Sobriety Tests: You are not legally required to take field sobriety tests, and in many cases, it’s best to politely decline. These tests are subjective and can be difficult to pass even if you’re sober.
• Be Cautious with Breath Tests: For a preliminary alcohol screening (PAS) test before an arrest, you can refuse unless you’re on DUI probation or under 21. After an arrest, refusing a chemical test can lead to stricter penalties, including a longer license suspension, and will likely result in the police obtaining a warrant for a blood sample. 
• After arrest, you will be given the option of a blood test or a breath test.  Refusal to take either test will likely result in a license suspension of at least one year. 
• Remember Your Rights: You have the right to remain silent and to request an attorney. Anything you say can be used against you, so it’s often best to say as little as possible until you’ve spoken with a lawyer.

 If you’ve been arrested for DUI, the most important thing you can do is contact me right away. The sooner I get involved, the better chance I have of building a strong defense for you.

How a DUI Conviction Can Affect Your Future

A DUI conviction in San Diego can have lasting repercussions on your life. For example:

• Employment Opportunities: A DUI conviction can make it difficult to obtain or retain certain jobs, especially those that require a clean driving record or involve driving as part of your duties. Many employers also conduct background checks, and a DUI can be a red flag that jeopardizes your chances of getting hired.
• Professional Licensing: If you’re in a profession that requires a license—such as law, medicine, or teaching—a DUI conviction could lead to disciplinary action by your licensing board, including suspension or revocation of your license.
• Insurance Rates: After a DUI conviction, your car insurance rates will likely increase significantly. Some insurance companies may even refuse to insure you altogether, leaving you with limited and expensive options.
• Education and Scholarships: If you’re a student, a DUI conviction can affect your eligibility for scholarships and financial aid. Some schools may also have conduct policies that could result in disciplinary action, including suspension or expulsion.
• Personal Relationships: A DUI conviction can strain your personal relationships, causing stress and embarrassment. It can also affect your standing in the community, especially if you’re involved in public service or other visible roles.
• Travel Restrictions: Some countries, including Canada, have strict entry rules for individuals with DUI convictions. This can limit your ability to travel internationally for work or leisure.
• Civil Lawsuits: If your DUI involved an accident that caused injury or property damage, you could face civil lawsuits in addition to criminal charges. This can lead to major financial liability and long-term consequences.

Given these potential outcomes, it’s critical to have a strong defense to minimize the impact of a DUI conviction on your life. I’m here to help you address these challenges and protect your 

How a San Diego DUI Lawyer Can Help

When you’re facing a DUI charge, having an experienced defense lawyer can make a big difference in how your case is handled. Here’s how I can help:

• Reviewing the Evidence: I’ll thoroughly examine the evidence against you, including the arrest report, breathalyzer results, and any video footage. I’ll look for any inconsistencies or errors that could weaken the prosecution’s case.
• Challenging the Traffic Stop: If the police didn’t have a valid reason to pull you over, any evidence they gathered could be thrown out. I’ll investigate the circumstances of your stop to see if your rights were violated.
• Questioning the Field Sobriety Tests: Field sobriety tests are notoriously unreliable. I’ll question the validity of these tests and whether they were administered correctly.
• Fighting the Breathalyzer Results: Breathalyzers are machines, and like any machine, they can malfunction. I’ll explore whether the device was properly calibrated and whether the officer was trained to use it.
• Negotiating with the Prosecution: In many cases, I can negotiate with the prosecution to get your charges reduced or even dismissed. I’ll work hard to get the best possible outcome for you.
• Representing You in Court: If your case goes to trial, I’ll be your advocate every step of the way. I’ll present a strong defense and challenge the prosecution’s case at every turn.

Questions? Speak to a San Diego DUI Lawyer Today

Facing a DUI charge can be an overwhelming and life-changing experience. The uncertainty, fear, and potential consequences can weigh heavily on you, but you don’t have to go through this on your own. When your future is at stake, you need a defense that is strong, strategic, and focused on protecting everything you’ve worked for. As your DUI defense lawyer, I’m here to support you, guide you, and stand by your side through this difficult time.

Whether this is your first encounter with the legal system or you’re dealing with a more complex situation, I bring a wealth of experience and a determined approach to your case. A DUI charge doesn’t define who you are, and I’m committed to ensuring it doesn’t determine your future either. Contact me today for a free consultation, and let’s start building a defense that stands strong against the challenges ahead. Your future is important, and I’m ready to help you protect it. You can reach me by filling out an online contact form, calling (619) 719-1087, or pressing the live chat button on this page. 

San Diego DUI FAQs

Can I Be Charged With DUI If I Haven’t Been Drinking?

Yes, you can. DUI charges aren’t limited to alcohol. You can also be charged if you’re under the influence of drugs, including marijuana, prescription medications, and even over-the-counter drugs that impair your ability to drive. The law focuses on whether your driving is impaired, not just what substance you’ve consumed. If you’re facing DUI charges related to drugs, I can help you deal with this complicated area of California law.

I Have a Court Date. Why Do I Need to Schedule a DMV Hearing?

When you’re arrested for DUI in California, there are two separate processes you need to deal with: the criminal court case and the DMV hearing. The DMV hearing is specifically about whether your driver’s license will be suspended. You only have 10 days from the date of your arrest to request this hearing. If you miss this deadline, your license will be automatically suspended. I can represent you in both your court case and your DMV hearing to protect your driving privileges.

Can My Driver’s License Be Suspended If I Refuse or Fail to Submit to a Blood Alcohol Test?

Yes, your driver’s license can be suspended if you refuse to submit to a blood alcohol test or if you fail the test. California has an “implied consent” law, meaning that by driving on California roads, you have already agreed to submit to a chemical test if lawfully arrested for DUI. 

Refusing to take the test can lead to an automatic license suspension of one year for a first offense, and even longer for subsequent refusals. Refusing the test can also be used as evidence against you in court, suggesting that you refused because you knew you were impaired. If you’re facing a license suspension due to a refusal or test failure, I can help you challenge the suspension and fight to keep your driving privileges intact.