A DUI arrest in San Diego can turn your life upside down — but it does not have to define your future. California has some of the strictest drunk driving laws in the country, and even a first-time DUI can carry heavy fines, license suspension, and jail time. When your freedom is on the line, you need an experienced San Diego DUI attorney who knows how to fight back.
While the consequences will become more severe with every instance, even a first-time DUI offense could result in large fines, the loss of your driving privileges, and even jail time.
If you were arrested on intoxicated driving charges in California, you need to take immediate action to protect your rights and your future.
At the Law Offices of Kerry L. Armstrong, APLC, our San Diego DUI attorneys are skilled advocates for defendants.
We have a deep understanding of California’s drunk driving laws and the strategies used by prosecutors in these cases. With over 30 years of trial experience and board certification in criminal law, attorney Kerry Armstrong has the skill and courtroom presence to aggressively defend your DUI case.
Our law firm will protect your rights, your freedom, and your future.
If you or your loved one was arrested for a DUI in San Diego, contact us today for an initial consultation and we can get to work on trying to get your DUI expunged.
What Is a DUI in California?
DUI stands for “Driving Under the Influence.” Under California Vehicle Code §23152, it is illegal to operate a motor vehicle while impaired by alcohol, drugs, or a combination of both. California recognizes two main types of DUI offenses:
- VC §23152(a) — Driving under the influence of alcohol and/or drugs (impairment-based DUI)
- VC §23152(b) — Driving with a blood alcohol concentration (BAC) of 0.08% or higher (per se DUI)
This means you can be charged with a DUI in San Diego even if your BAC is below 0.08% — if the prosecution can prove that alcohol or drugs impaired your ability to drive safely.
California Law: DUI Charges
Under California law (California Vehicle Code 23152(a)), it is a crime to operate a motor vehicle while under the influence.
For most drivers, the maximum allowable blood alcohol concentration (BAC) is 0.08 percent. California’s DUI laws apply different BAC thresholds depending on the driver’s age and license type:
| Driver Category | BAC Limit | Statute |
| Standard driver (21+) | 0.08% | VC §23152(b) |
| Commercial driver | 0.04% | VC §23152(d) |
| Driver under 21 | 0.01% | VC §23136 |
| Driver under 18 | Zero tolerance | VC §23136 |
| On DUI probation | 0.01% | VC §23154 |
It should also be noted that you can be charged with a DUI for drugged driving.
Drugged driving charges are especially complicated, as there is not an accepted test to assess the motorist’s level of ‘impairment’.
If you or your loved one was arrested for drugged driving in San Diego, you should contact us right away.
Our San Diego DUI attorneys will help protect you.
What Happens When You Get a DUI in San Diego?
After a DUI arrest in San Diego, two separate proceedings begin simultaneously; one criminal and one administrative:
1. The DMV Administrative Hearing (APS Hearing)
When you are arrested for DUI, the officer confiscates your driver’s license and issues a temporary 30-day permit. You have only 10 days to request a DMV hearing to contest the automatic suspension. Missing this deadline means your license is automatically suspended after 30 days. An experienced San Diego DUI lawyer can request and represent you at this hearing.
2. The Criminal Court Case
Your criminal DUI case will be heard in San Diego Superior Court. The process typically includes arraignment, pretrial motions, plea negotiations, and potentially a jury trial. Your DUI defense attorney will challenge the evidence at every stage, from the legality of the traffic stop to the accuracy of the breathalyzer or blood test.
DUI Penalties in California: What Are You Facing?
The penalties for drunk driving in California vary based on several different important factors. First and foremost, the most important factor is the driver’s history of prior DUI convictions or lack thereof.
| Offense | Jail Time | Fines | License Suspension | DUI School |
| 1st DUI | Up to 6 months | $390–$1,000 + assessments | 6–10 months | 3–9 months |
| 2nd DUI | 96 hours–1 year | $390–$1,000 + assessments | 2 years | 18–30 months |
| 3rd DUI | 120 days–1 year | $390–$1,000 + assessments | 3 years (revoked) | 30 months |
| 4th+ DUI (Felony) | 16 months–3 years (state prison) | $390–$1,000 + assessments | 4 years (revoked) | 30 months |
To be clear, a defendant’s personal driving history is not the only relevant factor that will be looked at when determining penalties for a DUI.
There are other factors that could potentially result in a defendant facing heightened punishment — potentially even felony charges.
Aggravating Factors That Can Increase DUI Penalties
Specifically, California DUI charges can be ‘upgraded’ if:
- The defendant was ‘highly intoxicated’ (BAC of 0.15 or greater);
- The defendant was going 20 miles per hour over the speed limit or otherwise driving recklessly;
- There was a child present in the car at the time of the DUI stop;
- The defendant was involved in an accident; or
- The defendant caused bodily injury to another party.
- The defendant refused a chemical test after a lawful arrest (VC §23612)
What Is a “Wet Reckless” Plea in California?
A “wet reckless” (VC §23103/23103.5) is a reduced charge that a prosecutor may offer in a DUI plea negotiation. It is not something you can be arrested for, it is only available as a plea bargain. Key advantages of a wet reckless over a DUI conviction include:
- Shorter or no jail time
- Lower fines
- Shorter DUI school (if required at all)
- No mandatory license suspension from the court (though the DMV may still impose one)
- Shorter probation period
However, a wet reckless still counts as a prior DUI offense if you are arrested for DUI again within 10 years. An experienced San Diego DUI defense attorney can evaluate whether a wet reckless plea is the best strategy for your case.
Why Hire San Diego DUI Defense Lawyer Kerry L. Armstrong?
After a DUI arrest, you need the best DUI defense attorney on your side.
Though most DUIs are misdemeanor offenses, these charges can still come with severe, long-lasting consequences.
Attorney Kerry Armstrong is board-certified in criminal law by the State Bar of California — a distinction held by fewer than 1% of California attorneys. He has over 30 years of courtroom experience and has successfully defended thousands of DUI cases in San Diego County.
At the Law Offices of Kerry L. Armstrong, APLC, our compassionate and supportive legal team is here to protect your rights.
Among other things, our aggressive San Diego, CA DUI defense attorneys will:
- Set your DMV hearing;
- Conduct a fully confidential review of the DUI charges;
- Answer your most pressing questions and address your concerns;
- Investigate the charges — getting access to exonerating evidence; and
- Build a fully personalized DUI defense strategy.
- Challenge breathalyzer accuracy, field sobriety test administration, and the legality of the traffic stop
- Negotiate for reduced charges such as a wet reckless or case dismissal
Drunk driving charges must always be defended on a case-by-case basis.
If you were wrongly arrested or your rights were violated, we will fight tirelessly to get those unfair charges dismissed outright.
At the same time, with DUI cases, there may also be options available for a plea agreement — potentially including reducing the charges to a “wet reckless: or other lower crime.
San Diego DUI Defense Attorney Answers California DUI FAQs
What Should I Do After Being Pulled Over for Suspected Drunk Driving?
If you are stopped for a DUI, you should pull over your vehicle quickly and safely.
Be polite and give the officer your license and registration when requested.
From there, you should generally remain silent. You have no obligation to answer incriminating questions.
Do I Have to Take a Breathalyzer in California?
Yes. Under California’s implied consent law, defendants who have been lawfully arrested are required to submit to a breathalyzer test.
If you refuse such a test, your license will be subject to an automatic one-year suspension.
What About Other Types of Field Sobriety Tests?
Unlike post-arrest chemical tests, field sobriety tests are optional in California.
As field sobriety tests have, at times, error rates, it is often not in your best interests to take one.
You will not be punished simply for declining to take a field sobriety test.
Will I Lose My Driver’s License for a DUI in California?
You might. The good news is that you can take action to preserve your driving privileges.
Following a DUI arrest, your license will be subject to an automatic administrative suspension.
In other words, it will be suspended before you ever get your day in court.
However, you have ten days to request a DMV hearing.
By doing so, you will put a temporary hold on the administrative suspension. Your lawyer can help you protect your license.
How Much Does a DUI Cost in San Diego?
The total cost of a DUI in California can range from $10,000 to $25,000+ when you factor in court fines, penalty assessments, DUI school fees, increased insurance premiums (SR-22), ignition interlock device (IID) costs, DMV reinstatement fees, and lost wages. Hiring an experienced DUI attorney can often reduce these costs significantly by getting charges reduced or dismissed.
Can a DUI Be Expunged in California?
Yes. Under California Penal Code §1203.4, you may be eligible for DUI expungement after you have completed your probation and met all court requirements. An expungement allows you to withdraw your guilty or no contest plea, and the case is dismissed. While a DUI expungement does not erase the conviction from your DMV record, it can help with employment, housing, and professional licensing.
What Is the “10-Day Rule” After a DUI Arrest?
After a DUI arrest in California, you have exactly 10 calendar days to request a DMV Administrative Per Se (APS) hearing. If you fail to request this hearing, your license will be automatically suspended 30 days after your arrest. This is why contacting a San Diego DUI attorney immediately after an arrest is critical.
Contact a Top San Diego DUI Defense Attorney Today
At the Law Offices of Kerry L. Armstrong, APLC, our San Diego drunk driving defense attorneys are strong advocates for our clients.
If you or your family member was arrested and charged with intoxicated driving, we are available to help.
For an initial consultation, contact our law office online right away or call 619-234-2300
We defend DUI charges in San Diego and throughout Southern California, including in Oceanside, Chula Vista, San Marcos, Vista, and Encinitas.