Kern Law, APC, has represented clients for over 20 years in San Diego County and Del Mar that have been charged with a DUI. Being arrested for driving under the influence (DUI) in Del Mar, California, can have serious consequences. A DUI arrest can threaten your driver's license, employment, finances, and criminal record. A DUI conviction may also affect automobile insurance rates and professional licensing.
If you have been arrested for a DUI in Del Mar, or the surrounding areas of Solana Beach, Encinitas, La Jolla, or Torrey Pines, consulting an experienced Del Mar DUI lawyer can help you understand the charges, challenge the prosecution's evidence, and protect your legal rights.
DUI Arrests in Del Mar, California
DUI investigations may begin after:
- A traffic stop for speeding or another alleged Vehicle Code violation.
- A DUI checkpoint.
- An officer allegedly observes unsafe driving.
- An accident involving property damage or injuries.
- A report from another motorist concerning suspected impaired driving.
An experienced DUI defense attorney can investigate whether the officer had a lawful basis for the traffic stop, whether the arrest was supported by probable cause, and whether chemical testing evidence is reliable.
California DUI Laws – Vehicle Code Sections 23152(a) and 23152(b)
Most misdemeanor alcohol-related DUI prosecutions involve two sections of the California Vehicle Code. Vehicle Code Section 23152(a) prohibits driving while under the influence of alcohol to the extent that the driver's mental or physical abilities are impaired so that the driver can no longer drive with the caution of a sober person under similar circumstances. Vehicle Code Section 23152(b) generally prohibits driving with a blood alcohol concentration (BAC) of 0.08 percent or greater.
A driver may be charged under both provisions arising from the same incident. However, separate convictions do not ordinarily result in two punishments for the same DUI act.
Common DUI Defenses in Del Mar
Every DUI case is different. A successful DUI defense depends on the facts of the case, the officer's investigation, the chemical testing procedures, and the available evidence. Here are some potential defenses:
- Challenging the legality of the stop
- Challenging the Field Sobriety Tests (FSTS)
- Challenging Breath Alcohol Testing
- Challenging Blood Alcohol Testing
- Rising Blood alcohol defense
- Person arrested was not driving the vehicle
What Happens to Your Driver's License After a Del Mar DUI Arrest?
In most alcohol-related DUI arrests, the California DMV initiates an Administrative Per Se (APS) proceeding separate from the criminal case.
A driver generally has only 10 days after receiving the suspension notice to request a DMV administrative hearing. Failure to request a timely hearing can result in losing the opportunity to challenge the administrative suspension before it takes effect.
Contact a Del Mar DUI Lawyer to Discuss Your Case
If you were arrested or charged for DUI in Del Mar, California, or the surrounding areas of Solana Beach, Encinitas, La Jolla, or Torrey Pines, contact my office today. Whether you are facing a first-time misdemeanor DUI, a repeat DUI offense, a drug-related DUI, or a felony DUI involving an accident, an experienced criminal defense attorney is critical. Contact Kern Law, APC, today for a free consultation. 619-200-2808
