San Diego DUI Attorney

Arrested for DUI in San Diego? Attorney Anton Vialtsin defends DUI cases in every San Diego County courthouse, in Orange County and in Imperial County. Call (619) 357-6677 now: you have only 10 days to request your DMV hearing before your license is automatically suspended. Free consultation. Si usted habla español, llámenos al (619) 357-6677.

Your first 10 days after a DUI arrest

1. Request the DMV hearing within 10 days. Your pink temporary license is good for 30 days. If nobody requests a hearing within 10 days, the suspension starts automatically. We request it for you.
2. Write down everything you remember: where you were, what you drank and when, what the officer said, which tests you did.
3. Do not talk about the case with anyone except your lawyer, and do not post about it.
4. Do not call your insurance company. You have no legal duty to report an arrest.
5. Call a DUI lawyer before your first court date. It is the best time to protect your license and start building the defense.

Call 619-357-6677 Now
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A DUI arrest starts two separate cases

The DMV case decides your license. The criminal case in Superior Court decides jail, fines and probation. They are independent: winning one does not win the other, so you need to fight both, and the DMV clock starts the day of the arrest.

At the DMV hearing, Anton questions the witnesses, challenges the evidence the officer relied on, and works to keep you driving while the case is pending. See DMV administrative hearing.

DUI penalties in California

Penalties depend mainly on how many prior DUIs you have within 10 years, your blood alcohol level, and whether anyone was hurt. These are the main ranges; your case may be different.

Charge	Possible penalties	Guide
First DUI	Probation; up to 6 months in jail (often none); fines and assessments; 3- or 9-month DUI program; license suspension, often with a restricted license or ignition interlock	First offense DUI
Second DUI within 10 years	96 hours to 1 year in jail; 18- or 30-month DUI program; longer suspension; ignition interlock	Second offense DUI
Third DUI within 10 years	120 days to 1 year in jail; 30-month DUI program; multi-year revocation	Third offense DUI
Felony DUI: fourth DUI, DUI with injury, or a prior felony DUI	State prison possible; long revocation; a felony record	Felony DUI
Drug DUI (VC 23152(f))	Same ranges as alcohol DUI	Drug DUI
Under 21	Zero tolerance: license suspension even at very low levels	Underage DUI

Reducing a DUI: wet reckless and dry reckless

Many DUI cases do not end in a DUI conviction. When the evidence has problems, such as a blood alcohol level near 0.08%, an unlawful stop, or issues with the breath or blood test, we negotiate a reduction or fight for a dismissal:

• Dry reckless (VC 23103): a plain reckless driving conviction. Not a DUI prior.
• Wet reckless (VC 23103.5): reckless driving with an alcohol statement. It counts as a DUI prior for 10 years, but it is usually much better than a DUI.

See reckless driving and wet reckless.

How we build your DUI defense

Many DUI attorneys accept the police report at face value. We do not. DUI reports are written to support the arrest, so our job is to find what is missing.

• The stop. Did the officer have a lawful reason to pull you over? If not, the evidence can be suppressed.
• Field sobriety tests. Anton personally evaluates whether the tests were done according to national standards, and the conditions at the scene: road surface, lighting, weather, slope and footwear.
• Breath and blood tests. We check calibration, maintenance and the 15-minute observation period for breath machines, and the collection, storage and testing of blood samples.
• Witnesses and video. We collect statements and body-camera, dash-camera and jail video.

See also: Do I have to do field sobriety tests? · What to do if pulled over for DUI · DUI alcohol, VC 23152 · Marijuana DUI

The San Diego DUI court process

1. Arrest and release. You are booked and released on bail or on a citation with a court date. The pink slip is your 30-day temporary license.
2. Arraignment. You are told the charges and enter a plea. We usually advise a plea of not guilty at this stage: it keeps every option open, including dismissal and a better plea agreement later. Non-citizens: every plea can have immigration consequences, so tell us your status first.
3. Readiness and motions. We get the evidence, file motions to suppress or dismiss, and negotiate.
4. Trial. If the case does not resolve, a jury of 12 decides whether the prosecution proved DUI beyond a reasonable doubt. We prepare every case from the first meeting through trial.

In many misdemeanor DUI cases your attorney can appear for you.

Where your DUI case will be heard

• City of San Diego and Coronado: Central Courthouse, downtown
• North County (Oceanside, Carlsbad, Escondido, Vista, Encinitas, Poway): Vista courthouse
• East County (El Cajon, La Mesa, Santee): El Cajon courthouse
• South County (Chula Vista, National City): Chula Vista courthouse
• Orange County: Orange County justice centers
• Imperial County: El Centro

DUI results

• DUI, 0.405% BAC, second offense with a crash: 96 hours in custody, 26 days of SCRAM alcohol monitoring, AA meetings and community service. People v. G.B.
• Second and third DUI (0.14% and 0.22% BAC, with misdemeanor evading at 113 mph): 45 days in custody and 18 months of DUI court, with post-conviction fees waived. People v. G.H.

Prior results do not guarantee a similar outcome. See all our results.

Why choose Anton Vialtsin for your DUI

• Many years of criminal defense in San Diego state and federal courts, including over 400 federal cases.
• CJA Panel attorney in the Southern and Central Districts of California, a very strict selection that requires years of federal criminal experience.
• Anton handles your case personally, from the first meeting through trial, not a paralegal or junior associate.
• Five-star Google reviews from real clients.
• Free consultation, weekdays and weekends by appointment. Payment plans at 0% interest.
• We speak English, Russian and Spanish.

Facing DUI charges? Call now.

Call (619) 357-6677 to speak directly with DUI attorney Anton Vialtsin. Free consultation, weekdays and weekends.

Frequently asked questions about DUI in San Diego

What happens if I miss the 10-day DMV hearing deadline?

Your license is suspended automatically when your 30-day temporary license expires, and you lose the chance to contest the suspension at a hearing. Call 619-357-6677 right after the arrest so we can request the hearing for you.

Will I go to jail for a first DUI in San Diego?

Most first-time DUI cases end without jail time, but the law allows up to six months. A conviction also brings fines and assessments, a DUI program and a license suspension. A reduction to reckless driving or a dismissal is often possible when the evidence has problems.

Can a DUI be reduced to reckless driving?

Often, yes. A "wet reckless" (VC 23103.5) or "dry reckless" (VC 23103) is a common result when the evidence is weak, for example a blood alcohol level near 0.08% or problems with the stop or the test.

Should I notify my insurance company after a DUI arrest?

No. You have no legal duty to notify your insurer about an arrest. Talk to your lawyer first.

Do I have to do field sobriety tests in California?

No. Field sobriety tests are voluntary. The chemical test after an arrest is different: refusing it has its own penalties under California's implied consent law.

How long does a DUI case take in San Diego?

Most misdemeanor DUI cases resolve in a few months. Felony DUI cases and cases with injuries take longer.

Can my DUI be expunged?

Usually yes, after you complete probation, under Penal Code 1203.4. See expunging a San Diego DUI.

Our office

Address: 185 West F Street, Suite 100-D, San Diego, CA 92101
Phone: (619) 357-6677
Hours: Weekdays, and weekends by appointment. We accept all major credit cards.