SAN DIEGO DUI LAWYER

Former Prosecutor...Now an Aggressive California Defense Attorney

CAUTION! YOU (OR YOUR ATTORNEY) MUST CONTACT CALIFORNIA DMV WITHIN 10 DAYS OF YOUR ARREST OR YOU LOSE YOUR RIGHT TO CHALLENGE DMV'S SUSPENSION OF YOUR LICENSE. 

If you have been arrested in California for driving under the influence of alcohol or drugs, (commonly called drunk driving, DUI or DWI) you have undergone a very unpleasant and confusing experience. This site is to help you understand some of the issues involved in DUI cases, and to inform you that although you are charged with a criminal offense, you do have options and defenses available.

DUI is a serious criminal charge
we recommend that no one represent themselves in such a matter.

Often, the DUI defendant need never appear in court if represented by an experienced  Criminal Attorney; this includes out of State and International drivers.

Please see below for Trial results in DUI cases. Even if you decide against retaining our services for your drunk driving matter, Please seek legal counsel experienced in DUI cases for advice.

Under California DUI law, a person is presumed to be under the influence of alcohol for driving a motor vehicle if their blood alcohol test shows a level of .08% or greater. This blood alcohol level for most people is not an indication they were drunk. Whether or not you personally are impaired at this level is not material to proving the charge.

Proving a driving under the influence case, on the surface, is not a difficult one for the prosecuting attorney. A prosecuting attorney must prove (1) you were driving a motor vehicle, and (2) your blood alcohol level was at .08% or greater, or, (3) that you were impaired.

The law firm of Ramos & Associates has represented hundreds of clients charged with driving under the influence of alcohol and/or drugs in San Diego County and throughout Southern. We are familiar with the court systems, judges, prosecutors and policies throughout the area.

California Drunk Driving Penalties

A conviction of DUI for a first offender carries the possibility of up to six (6) months in jail, a $1,000 fine, or both . Additionally, probation is usually required, as well as an alcohol education program which is required as a condition of probation. A license restriction may be imposed by the Court, and your car can be ordered impounded. Your insurance rates will increase dramatically, or you may be "cancelled". If you drive for a living, you may lose your job.

For second and third offenders, the situation is much more serious. Depending upon the county in which you are arrested, convicted second offenders can expect to spend time in jail. Often the jail sentence can be negotiated to be on week-ends to allow a person to continue their job. Alternatives to actual confinement, such as working on public works projects, or the "house arrest" program, are possible.

The Department of Motor Vehicles will automatically suspend your license if they have evidence you were driving under the influence of alcohol. No doubt the police have taken your license and given you a DMV form that acts as a temporary license and "explains" the hearing process. For the first offender, this mandatory DMV suspension is 120 days, but can be reduced by entering an Alcohol Education Program.

If you refused a chemical test, or have been previously convicted of driving under the influence within the past seven (7) years, the DMV will suspend your license for at least one (1) year. The DMV proceeding is separate and apart from the Court proceeding. Our office provides complete representation at all DMV proceedings and will aggressively seek to protect your driver's license. Please see our DMV page for more detailed information.

What We Do

Every DUI case is unique, and each has its own facts. In order to thoroughly defend each of our Clients, in every case we:

• Carefully review police reports for errors, omissions and inaccuracies;
• Examine all "search and seizure" issues- Was the stop of your car lawful? Was the detention lawful? Were you detained too long before arrest? Was there probable cause to arrest you?
• Determine if the chemical test was properly administered in compliance with California law;
• Subpoena the maintenance and calibration records of breath test machines used in your case;
• Subpoena the officer's training records to ensure he or she has been properly trained in the use of the breath test machine;
• Obtain an independent Lab test of any blood sample to be sure the test result provided by the police is accurate, that the sample is properly preserved, and that it has not been contaminated;
• Fully advise you as to all issues listed above, and determine if a trial or negotiated settlement makes most sense in your case.

As you are no doubt aware, public opinion has turned against persons charged with DUI over the past years. Prosecutors are under pressure to "get tough" with DUI defendants, but juries will acquit DUI defendants under proper circumstances.

This Web page is in no way meant to give legal advice or substitute for your consultation with me or another Attorney. It is to help you understand the general implications of the offense in which you are charged, and to explain that the Court proceeding is separate and apart from the DMV proceeding.

Writs

Should the DMV erroneously rule against a driver, a Writ of Mandamus may be filed in the Superior Court. This is a complex legal proceeding that orders the Department of Motor Vehicles to return the driving privilege pending a formal hearing in front of a Superior Court Judge. While this can be a lengthy and sometimes rather costly proceeding, for those drivers who must drive for a living, or those drivers facing a one (1) year or more suspension, it is often very cost effective.

Insurance Requirements.

If you are convicted of a DUI offense, you will unfortunately suffer financially. Although you cannot be refused insurance coverage based on a DUI conviction, you may be refused coverage by your current insurance provider and be forced to use a provider that has been mandated by the government to offer "high risk" coverage. This coverage is extremely costly. You will need to provide an SR22 form for the next 7 years. The SR22 form proves that you have insurance coverage but also tells the DMV, insurance companies, employers and others that you have been convicted of DUI.

The Law Offices of George H. Ramos, Jr. & Associates is an experienced and resourceful DUI defense law firm. We can convince the courts that a jail sentence would not benefit either the client or society. We will convince the court that many alternatives can be more effective such as drug or alcohol treatment, house arrest, or probation. If you have been arrested on a  DUI or DWI charge, you need experienced DUI defense attorneys who will introduce these alternative methods of punishment to the courts. We will do whatever is necessary in keeping you out of jail and keeping your freedom.

Contact us today for a free consultation. We are available to take appointments days, evenings, and weekends. We accept all major credit cards. For a  DUI or DWI defense attorney in San Diego, call us today. We serve the communities of Chula Vista, El Cajon, Vista, Temecula, San Diego and communities throughout southern California.