What Are My Legal Options After Getting Arrested for a DUI in San Diego?

In this video, we’ll discuss the many different ways you could get your DUI dismissed:

Preventing it from even getting filed in the first place

Pre-trial motions:

Suppression motions
995 motions
1385 motions
Pre-trial diversion motions
Resources and current changes in California law
Trial strategies and defenses

Let’s get started.

Table of Contents

After the Arrest: What to Do

You’ve been arrested and have a future court date, but technically speaking, no charges have been filed yet.

You’ve been arrested on suspicion of DUI. You may have a court date six days out, six weeks out, or even six months out. So, what do you do? How do you successfully navigate the process?

Dealing with the DMV

With a DUI, there are a couple of things to keep in mind. You’re dealing with two components:

The Department of Motor Vehicles (DMV)
The criminal courthouse

First, with the DMV, you have to be mindful of the 10-day rule. This means you need to request an administrative hearing within 10 days of your actual arrest. Otherwise, you might forfeit the right to contest any future suspension related to your DMV administrative per se hearing process.

Preventing the Case from Being Filed

One thing you want to keep in mind during this time between your arrest and a potential first court date is what, if anything, can be done to hopefully keep the case out of court and from ever being filed.

Pre-Trial Strategies to Fight DUI Charges

Diversion Programs

One way to avoid a DUI conviction is to try and get some sort of diversion, whether it’s misdemeanor diversion under Penal Code Section 1001.95 or military diversion. The law is ever-changing on this topic, so it’s important to explore these options.

Pre-Trial Motions

A more common way to get a DUI dismissed or to put yourself in a better position for negotiating a better outcome is through the use of pre-trial motions. There are many different avenues you could take:

Penal Code Section 1385 motion
Penal Code Section 1538.5 motion
Penal Code Section 995 motion (for felony cases)

Trial Defenses for DUI Cases in San Diego

If all other attempts to get the case dismissed have been unsuccessful, or if they didn’t apply to your case, you may decide to take your case to trial. Here are some trial defenses you may have:

Challenging whether you were actually driving the vehicle
Questioning your blood alcohol content at the time of driving
Necessity defense

Being charged with a DUI is a scary thing. However, no matter what your blood alcohol level is, you may have viable defenses at your disposal. With the right DUI attorney at the right time, most anything is possible, even when dealing with a DUI offense in San Diego.

Author Bio

David P. Shapiro

David P. Shapiro, the managing partner and founder of a leading San Diego criminal defense firm, is driven by an unwavering commitment to providing the best possible representation to his clients facing criminal charges. With a deep understanding of the fear, uncertainty, and concern for one’s future that his clients experience, David approaches each case with empathy and dedication, advocating tirelessly for their rights and freedoms.

Focused on complex and high-stakes cases, David handles a wide range of serious charges, including felonies, violent crimes, sex crimes, drug offenses, and white-collar crimes. Since establishing his practice in 2010, David has earned a reputation as one of San Diego’s most respected criminal defense attorneys.

His firm has been recognized by LawFirm500 as one of the nation’s fastest-growing law firms and was a 2022 Better Business Bureau Torch Award for Ethics Winner. The San Diego Business Journal named David’s firm the 17th Fastest Growing Private Company in San Diego from 2019-2021 and recognized David as one of San Diego’s 500 Most Influential People in 2022. With a strong dedication to his clients and community, David continues to be a driving force in the San Diego legal landscape.

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