San Diego DUI Lawyers: Imperative in Special Circumstance Offenses

San Diego DUI Lawyers

Retaining San Diego DUI Lawyers is always important when facing DUI charges in San Diego County. When faced with Special Circumstances within the offense, however, having a knowledgeable, experienced attorney on your side is imperative.

What are Special Circumstances?

While all San Diego DUI Lawyers will advise that every offense is serious, there are situations which incur much harsher penalties, including higher fines and longer jail terms, if the driver is found guilty.

Minor Passenger, Under Age 14: If convicted of a DUI or DWI charge, and a minor passenger was aboard, you could face in addition to DUI fines and penalties additional mandatory time in jail, ranging from 48 hours to 90 days. Again, that's in addition to the basic charge judgment. Not even the best San Diego DUI Lawyers can appeal for stay or probation. It's mandatory—period. How long depends on how many prior DUI offenses are on your record.

Refusal of Chemical Tests: California law allows refusal of field tests but not jailhouse chemical tests. If you refuse those required exams, you can and probably will be charged with the unlawful refusal and subjected to mandatory jail time from 48 hours to 18 days within up to three years of a prior DUI offense. Your expert San Diego DUI lawyer cannot have that waived. You refuse the chemical tests, and you go to jail. That's all there is to it.

BAL .15% or Higher: Presents of a BAL level at .15% or more will prompt special consideration in sentencing, and it's not favorable consideration. Additional requirements, jail or after jail probation terms are often imposed and within the law. The higher the BAL, the harsher the terms of sentencing.

Reckless Driving While Under the Influence: This offense is defined by driving on streets in excess of 20 or more miles per hour above the posted speed limit and 30 or more miles per hour above the posted limit on highways while under the influence of drugs or alcohol. A mandatory jail time of 60 days is added to any sentence for basic DUI offenses.

Additional Penalty Areas: San Diego DUI Lawyers will uniformly advise that driving while under the influence of drugs or alcohol in a construction zone or a designated safety zone will incur double fines if convicted. Depending on other circumstances, extended jail time may be added as well and/or the charge will by statute be elevated one level higher than the offense. Consult a San Diego DUI lawyer for information.


The critical nature of these and other Special Circumstances enhancements to a DUI charge require expertise and dedicated effort that specialists—San Diego DUI Lawyers—can bring over any other attorney in the county.