Arrested for DUI in San Diego? Here’s What You Need to Know

Being arrested for driving under the influence (DUI) can feel overwhelming, but an arrest is not the same as a conviction. You still have options, and a strong defense can protect your license, your freedom, and your future. Anna R. Yum, a former prosecutor turned DWI defense lawyer in San Diego, leads our team at the Law Offices of Anna R. Yum. We know how to spot weaknesses in the state’s case, challenge testing procedures, and negotiate strategically to protect your license, your freedom, and your future.

Attorney Anna R. Yum and our team have guided hundreds of clients in San Diego and Southern California through the DUI process with strategic, compassionate representation. When you work with a seasoned criminal attorney in San Diego, you gain an advocate who understands both sides of the courtroom and how to build the strongest possible defense for you.

Take control today. Call (619) 233-4433 or contact the Law Offices of Anna R. Yum for a confidential consultation and a clear, step-by-step defense plan.

How California DUI Laws Work

In California, it is illegal to operate a motor vehicle with:

  • A blood alcohol content (BAC) of 0.08% or higher, or
  • Impairment due to alcohol, drugs, or a combination of both, even if your BAC is below 0.08%.

DUI charges can stem from alcohol, prescription medications, or even over-the-counter drugs. The consequences vary depending on whether this is your first offense or a repeat offense.

What Are the Penalties for a DUI in San Diego?

A first-time DUI conviction in California can include:

  • Up to 6 months in jail
  • Fines totaling $2,000 or more
  • Mandatory DUI classes
  • Driver’s license suspension
  • Probation

Repeat offenses or cases involving accidents, chemical test refusals, or underage drivers can trigger even harsher penalties. However, penalties aren’t automatic. With skilled legal representation from an experienced San Diego criminal attorney, many DUI charges can be reduced or even dismissed.

How San Diego County Handles DUI Cases

Getting to know your local court system matters when you’re facing a DUI charge. San Diego Superior Court hears criminal cases in four locations: Central (Downtown San Diego), North County (Vista), South County (Chula Vista), and East County (El Cajon). Each courthouse follows its own procedures and has distinct local practices. Knowing these differences can directly affect how your case unfolds.

Following an arrest, the prosecuting agency examines police reports and evidence to determine formal charges. The San Diego City Attorney usually manages misdemeanors within the city limits, while the San Diego County District Attorney prosecutes cases in branch court locations. You will simultaneously face a separate administrative process with the California Department of Motor Vehicles. The San Diego Driver Safety Office conducts license suspension hearings instead of the regular field offices. These proceedings occur independently of the criminal case, yet they remain essential for protecting your driving privileges.

Your case location depends on where the arrest happened. Each jurisdiction processes cases slightly differently, so the specific courthouse assigned to your case shapes the timeline and procedures you’ll experience.

Common Defenses Against DUI Charges

Every DUI case is unique. That’s why we analyze every angle to build a custom defense strategy. Common defenses include:

  • Improper traffic stop: If the officer lacked legal justification for pulling you over, evidence may be suppressed. We scrutinize the police report to ensure your Fourth Amendment rights weren’t violated.
  • Faulty breathalyzer or blood test: Testing equipment can malfunction, and lab procedures can be flawed. We examine calibration records, maintenance logs, and chain-of-custody documentation.
  • Rising BAC defense: You may have been under the legal limit while driving, even if you tested over the limit later at the police station or detention facility.
  • Medical conditions or false positives: Acid reflux, diabetes, or certain diets can produce inaccurate results on breath tests.
Defense Type Explanation What the Attorney Examines
Improper Traffic Stop Officer may not have had legal justification to pull you over, which can lead to suppression of evidence. Police report, legality of the stop, Fourth Amendment issues
Faulty Breathalyzer or Blood Test Equipment may malfunction or procedures may be flawed, leading to inaccurate BAC results. Calibration records, maintenance logs, chain-of-custody documentation
Rising BAC Defense Your BAC may have increased between the time of driving and the time you were tested. Timeline of events, test timing, physiological alcohol absorption rates
Medical Conditions or False Positives Conditions like acid reflux, diabetes, or certain diets can cause inaccurate breath test readings. Medical history, diet, conditions affecting breath test accuracy

What to Do Immediately After a DUI Arrest

If you’ve been arrested for DUI, time is critical. You generally have 10 days from receiving notice to request a DMV hearing to challenge a suspension (14 days if the notice was mailed).

Here’s what to do:

  • Do not speak to the police without an attorney present.
  • Write down everything you remember about the stop, arrest, and testing procedures
  • Call a DUI lawyer immediately to preserve your rights and evidence

DUI/DWI Defense Lawyer in San Diego – Law Offices of Anna R. Yum

Anna R. Yum

Anna R. Yum is a nationally recognized criminal defense attorney and the founding attorney of the Law Offices of Anna R. Yum in San Diego. A former Riverside County Deputy District Attorney, she brings insider knowledge of how prosecutors build DUI and DWI cases and uses that experience to anticipate the government’s strategy. Drawing on extensive jury and bench trial experience, she defends clients facing everything from first-time DUI charges to complex cases involving accidents, injuries, and prior convictions.

Ms. Yum is known for clear communication, strategic advocacy, and a results-focused approach. She carefully examines every aspect of a DUI arrest, including the traffic stop, field sobriety tests, and breath or blood results, to identify constitutional, procedural, and scientific defenses. Her legal analysis has been featured on national and local media outlets, including Fox News, HLN/CNN, Court TV, Law & Crime, KUSI-San Diego, Fox 5 San Diego, NBC 7 San Diego, and others, underscoring her reputation as a trusted legal voice in high-stakes criminal cases.

Licensed in California and Illinois, Ms. Yum represents clients in both state and federal courts in the Southern and Central Districts of California. She is a graduate of Northwestern University and the University of San Diego School of Law, where she earned multiple awards for excellence in trial advocacy and was inducted into the Order of Barristers.

Why Choose Our San Diego DUI Defense Team

You only get one chance to defend yourself against a DUI charge, and it can affect your job, family, and freedom. Here’s what sets Law Offices of Anna R. Yum apart:

  • Former prosecutor’s insight: Attorney Yum has been on the other side, working with the District Attorney’s Office. She knows their strategies and how to counter them.
  • Aggressive defense strategies: We challenge every part of the prosecution’s case, from the initial traffic stop to the reliability of chemical tests.
  • 24/7 availability: Emergencies don’t wait until business hours, and neither do we.
  • 5-star reviews and proven results: We’ve helped people just like you walk away with reduced charges or case dismissals throughout San Diego County and Southern California.

Schedule Your Free Consultation With a San Diego DUI Defense Lawyer

Arrested for DUI in San Diego, North County, South Bay, East County, or nearby? Turn to the Law Offices of Anna R. Yum. As a seasoned San Diego driving crimes defense attorney, Anna R. Yum can walk you through your rights, potential defenses, and next steps, confidentially and without pressure. Call (619) 233-4433 now or use our chat form to schedule your free consultation and get a clear plan for moving forward.

We fight hard. We fight smart. And we fight to win. Put a strategic, relentless defense on your side with the Law Offices of Anna R. Yum, because the best results start with the right advocate in your corner.

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