should you fight your dui case?

why wouldn't you fight a possible jail sentence?

The result of NOT fighting your DUI is a predictable verdict of GUILTY and a DUI conviction that will stay on your record forever. You can't win your case if you don't fight it. And whether you ultimately prevail and win or just succeed in a reduction of charges and penalties, not fighting your case is the only way to guarantee the outcome will be a guilty verdict.

Regardless of whether you hurt or hit anyone in the course of driving impaired, the fees and penalties can go as high as $10,000 for first offenders, plus court fees, restitution, community service, dmv & drivers license reissue fees, DUI school costs, bloated insurance rates, vehicle impoundment, vehicle forfeiture, towing and impound costs, victim restitution, ignition interlock device costs, alcohol and drug dependency assessment fees, and more. Repeat DUI offenders are hit with increasingly severe penalties.

don't plead guilty without reviewing these facts

San Diego Drunk Driving Defendants often enter guilty pleas in DUI cases without realizing they're relinquishing their Constitutional rights. A knowledgeable DUI Attorney can often find numerous weaknesses and valid defense arguments--technical and otherwise -- relevant to the outcome of your case.

pleading guilty is more expensive than winning

If you plead guilty to a first DUI offense in California with no aggravating circumstances or penalty enhancements, you will be placed on probation for 3-5 years, be ordered to participate in a DUI Treatment Program, be required to pay heavy fines and incidental expenses, as well as lose your drivers license if you don't request a DMV Hearing within 10 days of your arrest. If you are caught driving at any time with even a detectable amount of alcohol in your blood or breath, you will be in violation of your probation and will incur a 2nd drunk driving related charge, even if you are well below the legal limit of .08%.

A probationary violator has also waived their right to a jury trial as a conditional provision of suspended sentencing, in which case your fate rests solely with the Judge. A judge need not be convinced beyond a reasonable doubt that you're guilty, he or she can merely "suspect" you are, even if it can't be proven or disproven. A judge only needs to be "swayed" by a preponderance of the evidence. This, of course, is a much lower standard. In addition, it's difficult to predict if and when MADD advocates might perform a "sit-in" supervisory session in that particular Judge's court to ensure he's being tough on drinking drivers. Few activist groups carry as much political influence or are as well funded.

Often San Diego drivers charged with DUI feel they have no chance of prevailing, the only instance where this is true is if they don't try, and plead guilty. The fact is, a skilled DUI Lawyer will pursue many avenues of attack, applying defense strategies and tactics that a lay person may not be aware of.

the costs of a dui conviction

Towing: $100-$1,200. If you can't afford to get your car after 30 days, the city auctions it takes you to court to obtain a civil judgment for the impoundment bill unless the car can be sold for an amount which will cover fees.

Insurance: $4,500 (or more) You can count on a huge increase if your company doesn't drop you altogether (doubling or even quadrupling) your rates for the next three to five years. To begin rebuilding your insurance standing you will have to be incident-free for the next 3 years. To begin rebuilding your reputation in an insurer's eyes, you will have to avoid all speeding tickets and other traffic citations. It can take as many as five more years, incident-free, to get back to the "preferred" status with the lowest premiums.

Fines and Fees: $300-$1,200. Fines and court fees for breaking the law, even the first offense can be very large.

Alcohol evaluation: $181. An evaluation is usually required of anyone who is sentenced by the court for drunk driving.

Alcohol education and treatment: $350-$2,000 (basic). Conviction for a DUI usually results in having to participate in an education or treatment program, especially if you seek driver's license reinstatement. Treatment varies greatly according to the situation.

License reinstatement fees: $100-$250. Once a driver has shown, by completing courses and treatment, that he deserves his license back, the state charges him for the reissue.

Possible Job Loss: For many people who need to drive to and from their jobs -- much less those who drive for their jobs -- losing a license can be result in an inability to get to work.

Loss of professional status Doctors, airline pilots, lawyers, nurses, etc. DUI conviction could affect the status of your professional license.

Life-insurance-premiums: Insurers may ask if your license has ever been suspended. Not to mention the social stigma of being a convicted drunk driver.

benefits of a dui jury trial

You have the presumption of INNOCENCE. The prosecution bears the BURDEN of PROOF.

Your attorney only needs to convince one of the 12 jurors to vote not guilty in you DUI case.

The specific defense to be argued in a drunk driving case, (e.g., rising blood alcohol defense, a tainted blood defense, a mouth-alcohol defense, etc.) will be determined by your DUI defense lawyer. The applicable defense will of course, vary from case to case. The process by which California cases are brought to trial, however, are standard.

taking a proactive stance

A DUI conviction can be devastating to your entire life. It is critical that you obtain effective, experienced representation that will seize every opportunity and weakness in your DUI case and fight for you.

We are proud of our reputation as skilled, effective, and successful DUI attorneys. Call (619) 231-7412 or eMail us today to discuss a tactical and aggressive strategy for your Driving Under the Influence case

Contact our law offices twenty-four hours per day, we are always available to help you and there is never a charge to speak with us.