Arrested for DUI in San Diego? Attorney Anton Vialtsin at LAWSTACHE Law Firm provides aggressive DUI defense throughout San Diego County. Call 619-357-6677 immediately — you have only 10 days to request your DMV hearing before your license is automatically suspended.
San Diego DUI Attorney — Protecting Your Rights and Your License
Each year, over 123,000 people are arrested for DUI across California — including thousands in San Diego County alone. Therefore, if you were arrested for driving under the influence, you are not alone, and you do have options. In fact, the outcome of your case depends significantly on how quickly you act and which attorney you choose.
At LAWSTACHE Law Firm, San Diego DUI attorney Anton Vialtsin goes beyond the police report. Because DUI cases are won or lost on the details, we investigate the scene firsthand, evaluate field sobriety test conditions, and challenge every piece of evidence the prosecution relies on.
- First, second, and third offense DUI defense
- Felony DUI and DUI with injury
- DMV administrative hearings
- Drug DUI (DUID) defense
- DUI with a minor in the vehicle
- Out-of-state license holders facing San Diego DUI charges
Your First Concern — The DMV Hearing
A DUI arrest in California triggers two separate legal battles. The first is the DMV administrative hearing, which determines whether your license is suspended. The second is your criminal case in San Diego Superior Court. Because these two proceedings are completely independent, you need to fight both — and the DMV clock starts immediately.
You Have 10 Days to Act
From the date of your arrest, you have 10 days to request a DMV hearing. If you miss this deadline, your license will be automatically suspended when your 30-day temporary pink slip expires. Furthermore, requesting the hearing on time keeps your license valid while the hearing is pending — giving you extra weeks or even months of driving privileges beyond the initial 30 days.
As your San Diego DUI attorney, Anton Vialtsin will request the hearing on your behalf, question all witnesses, and challenge the evidence the DMV officer relies on. In addition, he can request that the revocation be stayed until the officer renders a decision, buying you more time behind the wheel.
Should You Notify Your Insurance Company?
No. You have no legal duty to notify your insurance company of a DUI arrest. If you do, your premiums will likely rise or your policy may be canceled. Your insurer may discover the arrest when requesting a driving record at your renewal date — but notifying them proactively only hurts you.
How We Build Your DUI Defense
Many DUI attorneys accept the police report at face value. At LAWSTACHE, we do not. Because DUI reports are almost entirely composed of evidence against you, our job is to find everything the police did not put in the report — and use it in your defense.
Field Investigation
Anton Vialtsin goes out to the field and personally evaluates whether field sobriety tests were conducted according to national standards. In addition, he examines the exact conditions at the scene — road surface, lighting, weather, grade of the road — that could have affected your performance during testing.
Witness Statements
We collect statements from all witnesses who were present with you before or during the stop. Furthermore, we scrutinize the arresting officer’s conduct to identify any violations of your constitutional rights during the stop, screening, and processing stages.
Challenging the Evidence
Breathalyzer readings and blood test results are not infallible. Therefore, we examine whether the equipment was properly calibrated, whether the test was administered correctly, and whether your specific physiology could have affected the result. Even small errors in this process can result in evidence being suppressed or charges being reduced.
The San Diego DUI Criminal Process — Step by Step
Understanding the criminal process helps you make better decisions at every stage. Therefore, here is what to expect after a DUI arrest in San Diego.
Arrest
After your arrest, you are taken to jail where you can post bail and be released, or released on your own recognizance with a future court date. Your pink slip serves as your 30-day temporary driver’s license during this time.
Arraignment
At arraignment, you are formally informed of the charges against you and enter your plea. LAWSTACHE always advises clients to enter a plea of NOT GUILTY at this stage. This is important because a prosecutor may dismiss the case before the next court date — and a guilty plea eliminates that possibility entirely. Furthermore, even if a guilty plea is ultimately entered, waiting gives you the opportunity to negotiate a reduced charge or reduced punishment through a plea agreement.
Note: All pleas can have immigration consequences. If you are a non-citizen, consult with an attorney who handles both criminal and immigration law before entering any plea.
Readiness Hearing
At the readiness hearing, discovery is exchanged between the prosecution and defense. Anton Vialtsin will file any applicable pretrial motions — to suppress evidence, dismiss the case, or set aside the complaint. In addition, this is another opportunity to negotiate a favorable plea agreement if the evidence supports it.
Trial
A typical San Diego DUI trial lasts several days. The prosecution must convince 12 jurors that you committed a DUI beyond a reasonable doubt. As a result, our goal is to present the evidence in the best possible light and create reasonable doubt in the minds of jurors. If found not guilty, you are released. If found guilty, sentencing follows.
Why Choose Anton Vialtsin as Your San Diego DUI Attorney
Not all DUI attorneys approach cases the same way. Therefore, choosing the right attorney matters enormously for your outcome.
- Over a decade of criminal defense experience in San Diego federal and state courts
- Member of the CJA Panel — Southern District of California
- Anton personally investigates each case — not paralegals or junior associates
- Licensed in California and Nevada
- Five-star Google reviews from real clients
- Affordable payment plans — 0% interest
- Available weekdays and weekends
- Se habla español
Facing DUI Charges in San Diego? Call Now.
Call 619-357-6677 to speak directly with San Diego DUI attorney Anton Vialtsin. Free consultation — available weekdays and weekends.
Frequently Asked Questions — San Diego DUI
What happens if I miss the 10-day DMV hearing deadline?
Your license will be automatically suspended once your 30-day temporary pink slip expires. You lose the right to contest the suspension entirely. Call 619-357-6677 immediately after your arrest so we can request the hearing on your behalf.
Will I go to jail for a first DUI in San Diego?
Statistically, first-time DUI offenders are unlikely to serve jail time. However, a conviction carries fines exceeding $3,000, a six-month license suspension, and up to six months in county jail. Therefore, hiring an experienced DUI attorney gives you the best chance of reducing or avoiding these consequences.
Should I notify my insurance company after a DUI arrest?
No. You have no legal duty to notify your insurer. If you do, your premiums will likely rise or your policy may be canceled. Your insurer may find out at renewal when pulling your driving record — but proactively notifying them only hurts you.
What is the difference between the DMV hearing and my criminal case?
They are completely separate proceedings. The DMV hearing determines your driving privileges. The criminal case in San Diego Superior Court determines criminal penalties such as fines, probation, or jail. The outcome of one does not determine the outcome of the other — therefore you need to fight both.
Do I have to perform field sobriety tests in California?
No. Field sobriety tests are voluntary. You are not legally required to perform them. In fact, refusing them gives the prosecution less evidence to use against you. However, the breathalyzer (chemical test) is different — refusal to submit carries its own penalties under California’s implied consent law.
How long will my DUI case take in San Diego?
Most misdemeanor DUI cases in San Diego resolve within two to four months. Felony DUI cases or those involving injuries take longer. The process includes arraignment, readiness hearing, and potentially trial.
Can a San Diego DUI attorney help with my DMV hearing?
Yes — and this is one of the most important things your attorney can do. Anton Vialtsin will request the hearing on your behalf, question witnesses, challenge the evidence, and seek to have the revocation stayed while the hearing is pending — keeping you on the road longer.
Serving San Diego DUI Clients From Downtown San Diego
Our office is conveniently located in downtown San Diego. We represent DUI clients throughout San Diego County including Chula Vista, El Cajon, Vista, Oceanside, Carlsbad, and Encinitas.
Address: 185 West F Street, Suite 100-D, San Diego, CA 92101Phone: 619-357-6677
Hours: Weekdays and weekends by appointment. We accept all major credit cards.