Understanding your rights and the charges against you is crucial to obtaining a successful outcome in your case. It is vital to know that there are two separate actions in all drunk driving cases. The first is an administrative action taken by the DMV against your driving privileges. You have 10 calendar days from the date of arrest to contact the DMV and request and administrative per se (APS) hearing or your license will be automatically suspended. The APS hearing is similar to a bench trial. There is a hearing officer who represents the Department of Motor Vehicles and hears evidence on the case. The issues are limited but you are entitled to subpoena records and witnesses including the arresting officer.
The second action is a criminal proceeding through the San Diego County Superior Court system. After an arrest for driving under the influence you will be issued a citation to appear in court. This is known as your arraignment. The San Diego County Superior Court system consists of four courts: Central Courthouse located in downtown San Diego, East County Regional Center located in El Cajon, North County Regional Center located in Vista and South County Regional Center located in Chula Vista. The court you are required to appear in will be determined by where you were arrested.
The majority of 1st offense DUI cases in San Diego are misdemeanor cases. Generally, a leading drunk driving defense lawyer can appear on your behalf meaning you may not have to appear in court. It is crucial, however, that you retain an attorney prior to your court date and do not fail to appear on your case. A failure to appear can result in a warrant being issued for your arrest.
Hiring the right San Diego DUI Defense Lawyer
DUI laws are intricate and ever changing. A practiced San Diego DUI Attorney will know that drunk driving defense requires a detailed knowledge of the law as well as a deep understanding of the science behind blood alcohol levels, breath machines and the inaccuracies of Field Sobriety Tests. Hiring an attorney who does not dedicate their practice to DUI Defense can be detrimental to your case. You cannot afford to have a general practitioner when the stakes are your driving privileges and your freedom. The DUI Defense Law Group is here to help you fight the charges against you and fight for your freedom. Call out offices today at 619-796-6841 for a free consultation. Speak to a licensed criminal defense attorney with DUI trial experience. Do not wait until it is too late.