San Diego DUI Lawyer

Experienced San Diego Criminal Defense Attorney Helping Keep Clients on the Road After a DWI Arrest

Driving under the influence (“DUI”) of drugs or alcohol is one of the most common crimes in California. In fact, between 2009 and 2019, an average of over 146,000 people were arrested and charged with a DUI offense. As one of the larger counties in the state, San Diego has one of the highest numbers of DUI arrests in the state, with over 9,000 arrests per year. Roughly 75 percent of DUI arrests result in a conviction.

At the Law Office of Joshua R. Bourne, our dedicated San Diego DUI defense attorney has more than 20 years of experience handling all types of cases involving driving under the influence charges. Over this time, we’ve developed a deep understanding of how prosecutors view our clients’ cases, the best DUI defenses, and how to effectively resolve these serious charges in a way that minimizes the impact on our clients’ lives.

California DUI Laws

Like most states, California’s DUI law provides for a few different ways you can be charged with driving under the influence.

  • Driving with a blood-alcohol content of .08 or more;
  • Driving while under the influence of alcohol or drugs; or
  • Driving while under the combined influence of drugs or drugs and alcohol.

In most cases, at the time of a DUI arrest, law enforcement officers will perform either a breathalyzer test or blood test to confirm the presence of drugs or alcohol in your system. However, if you refuse or police officers cannot obtain a blood or breath sample for some reason, you can still be charged with a DUI if there is evidence that you were under the influence. You can even be charged with a DUI in San Diego if your blood-alcohol content was less than .08, but there is evidence that you were under the influence.

San Diego DUI Punishments

California imposes strict punishments on anyone convicted of driving under the influence of drugs or alcohol. In fact, even a first-time DUI can result in a jail sentence, although an experienced San Diego DUI defense lawyer may be able to convince the judge that probation is a more appropriate sentence. Regardless, a DUI conviction can carry the following consequences:

  • Jail time,
  • Fines,
  • Suspended driver’s license,
  • Mandatory DUI School, and
  • Installation of an Ignition Interlock Device.

In addition, you will face collateral consequences if convicted of a DUI offense. For example, your auto insurance rates will almost certainly increase substantially, and your insurance company could even drop your policy altogether. You may also face difficulties when applying for certain jobs or obtaining professional certifications if you have a DUI conviction on your record.

Frequently Asked Questions

Is Driving Under the Influence of Marijuana Illegal in California?

Yes, while both medical and recreational use of marijuana is legal, driving under the influence of marijuana is still against the law. Marijuana DUIs are punished

Is a San Diego DUI a Misdemeanor or Felony?

In most cases, a DUI conviction is considered a misdemeanor. However, you may face felony DUI charges if you caused a DUI accident resulting in death or injuries, have three or more prior DUI convictions within the past ten years, or have one or more felony DUI convictions.

What Is the Consequence of Refusing a Breathalyzer Test?

Like most states, California has an implied consent law that assumes that you will agree to provide a blood or breath sample when requested by law enforcement officers. However, unless they have a warrant, police officers cannot force you to provide a sample. If you refuse a breathalyzer or blood test, however, you will face an additional administrative license suspension of one, two, or three years, depending on how many prior DUI convictions you have.

Speak With an Experienced San Diego DUI Lawyer to Get Started Working on Your Defense Today

If you’ve been arrested for a DUI, it is important that you do not lose hope. While most DUI cases end in a conviction, there are many defenses that can mitigate your exposure, cause the prosecution to withdraw the case against you, or result in an acquittal. At the Law Office of Joshua R. Bourne, we have handled countless San Diego DUI cases on behalf of clients from all walks of life. We recognize that every client has different priorities and cater our representation according to our clients’ unique needs. To learn more about Mr. Bourne and what we can do to protect your interests, give the Law Office of Joshua R. Bourne a call at (619) 238-8242. You can also connect with us through our secure online contact form.

Client Reviews

This attorney was so responsive, honest and professional! I'm a 67 year old female with dementia, and was involved in an...

Susan B.

Joshua Bourne is an excellent lawyer! He has helped me twice and both times was able to get my case dismissed and stuck by...

Kent A.

Joshua was extremely helpful in representing my case. He knows the law and process very well. At all times he was very...


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