Our law offices are located at:

San Diego's DUI Attorney
Ph- 858.505.8000
Fax- 858.505.8000

8322 Clairemont Mesa Blvd
San Diego, CA 92111

San Diego DUI Attorney

San Diego DUI Misconceptions Lawyer

As long as I blow below a 0.08% in the Breathalyzer, I can’t be arrested for DUI.

There is a common misperception that the magic “0.08% BAC” number is an absolutely necessary threshold for a DUI arrest, leading to many people drinking “just a little bit” under the hope that any possible breath test will still come up short. In fact, there are two separate laws governing DUI arrests. A “DUI per se” dictates that you must be arrested if you are found to have a BAC over 0.08%, regardless of whether or not you appear intoxicated or incapable of driving. However, the law also dictates that a police officer can arrest you for showing clear signs of impairment (erratic driving, slurring, failure to complete field sobriety tests) even if your BAC is technically below the legal limit. If you appear intoxicated, your 0.06% BAC may as well be a 0.08.

If my BAC was over 0.08%, I should just plead guilty.

If you failed a chemical test you submitted to, it is easy to feel like there is no escape from a guilty plea, and that defending yourself is only delaying the inevitable. Well-meaning family members or friends might even tell you that pleading guilty will show remorse and result in reduced sentencing. Unfortunately this is poor advice, and many people who follow it end up saddled with harsh sentences and convictions that will follow them for life. The fact of the matter is that, just like anything else, Breathalyzers and blood tests can make mistakes. A good San Diego DUI attorney knows this, and can use this fact to help you build a strong defense. No matter how long the odds look now, you have a good chance of winning out with a good attorney at your side.

I don’t need a DUI attorney, I can represent myself.

It is the job of a DUI attorney to thoroughly understand the law as it applies to DUIs and our roadways. A good San Diego DUI attorney knows these laws inside and out, how they work and where they fail, and how your case can best be presented. Additionally, a good DUI attorney will have spent years building a good reputation among peers and prosecutors alike, proving himself with hard work and strong ethics. This respect in the courtroom can go far toward a judge’s trust, and can work in your favor if your attorney negotiates a reduced charge or dismissal. During your trial, the prosecution will be well prepared with an attorney who is ready to fight. Why would you deprive yourself of the same advantage?