Are you facing a DUI charge in San Diego? Don’t panic.
Let’s talk about the many ways you could get your DUI dismissed. In this post, we’ll cover:
- Preventing charges from being filed in the first place
- Pre-trial motions such as suppression motions, Penal Code 995 motions, Penal Code 1385 motions, and pre-trial diversion
- Trial strategies and the various defenses that may help you prevail, provided you have the right attorney with the right facts.
Let’s get started!
What Happens After You’re Arrested for DUI in San Diego
After your arrest, you’ll have a future court date, but no formal charges may have been filed yet. You’ve been arrested on suspicion of DUI, but that doesn’t mean you’re officially charged. You may have a court date set for six days, six weeks, or even six months out.
So, what do you do? How do you successfully navigate the DUI process?
There are two critical components:
- The Department of Motor Vehicles (DMV): The DMV handles the administrative side of your DUI case, specifically focusing on the status of your driver’s license.
- The Criminal Court: This is where the criminal charges related to your DUI are handled. If formal charges are filed, you’ll appear in court to face those charges, and your case will proceed through the criminal justice system.
The 10-Day Rule with the DMV
For the DMV, you must be mindful of the 10-day rule. This rule requires you to request an administrative hearing within 10 days of your arrest. If you fail to do this, you forfeit the right to contest any future suspension of your license related to the DMV’s administrative per se hearing process.
A qualified attorney can handle this for you, easing your mind, so it’s one less thing to worry about.
Preventing the DUI Case from Being Filed At All
One key consideration is what, if anything, can be done to prevent the case from being filed. Prosecutors can sometimes offer a deferred prosecution. In some situations, you may be able to negotiate terms like attending a DUI program or a Mothers Against Drunk Driving (MADD) meeting to avoid formal charges.
This type of resolution isn’t as common today, but an experienced attorney can attempt to open a dialogue with the prosecutor, especially if:
- You have a low blood alcohol content (BAC)
- There are questions about whether you were actually driving
- Legal necessity exists
The goal is to set the tone early that this case won’t be easy for the prosecution if it proceeds.
The Value of Hiring a Private Criminal Defense Attorney
Hiring a private criminal defense attorney during this pre-arraignment period can be crucial. Public defenders often won’t step in until the first court date, after charges are formally filed. However, with a private attorney, you can take proactive steps to potentially avoid charges or prepare for pre-trial motions.
Exploring DUI Diversion and Deferred Entry of Judgment
Another option to avoid a DUI conviction is pursuing diversion. Diversion may involve completing specific tasks (like attending programs) in exchange for a dismissal of charges.
Under Penal Code 1001.95, misdemeanor diversion may be available, depending on the circumstances. Another option is military diversion for veterans under certain conditions.
However, the law regarding DUI diversion changes frequently, so it’s essential to explore this option early in your case. Diversion involves completing certain tasks (like attending a DUI program) in exchange for having the charges dismissed without a conviction.
Alternatively, you could consider deferred entry of judgment (DEJ), which involves pleading guilty but delaying sentencing. If conditions are met, the case could be dismissed or reduced.
Leveraging Pre-Trial Motions to Dismiss DUI Charges
There are multiple pre-trial motions that can potentially dismiss your DUI case. Here are some of the most common:
- Penal Code 1385 Motion: This allows the court to dismiss a case “in the interest of justice” if there is prosecutorial misconduct or extreme mitigating circumstances.
- Penal Code 1538.5 Motion: This motion challenges the legality of the arrest or the evidence obtained, such as during a traffic stop, checkpoint, or blood draw. If successful, this could suppress critical evidence.
- Penal Code 995 Motion: This motion applies to felony cases where the preliminary hearing failed to establish sufficient evidence to continue the case.
Raising Trial Defenses for DUI in San Diego
If all else fails, you may decide to go to trial. Some common trial defenses include:
- Driving Defense: The prosecution must prove that you were actually driving the vehicle. If there’s any doubt (for example, if your car broke down and you were outside the vehicle when police arrived), you may have a strong defense.
- BAC at the Time of Driving: The prosecution must prove that your BAC was over the legal limit at the time you were driving, not just at the time of the test. If you drank alcohol after driving but before the test, this could be a valid defense.
- Necessity Defense: This defense applies when you were forced to drive to avoid a greater harm. For example, if you had no other choice but to drive in a dangerous situation (e.g., to help a friend in an emergency), you may be able to argue necessity.
Defending Your DUI Charge in San Diego
Being charged with a DUI can be frightening, but don’t lose hope. With the right attorney, you may have several viable defenses to explore, from pre-trial motions to trial strategies. Your future and reputation are at stake, so it’s important to protect them by working with an attorney who understands California DUI laws and can fight for the best possible outcome in your case.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
Disclaimer
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.