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If you’ve been arrested for DUI in San Diego, you’re facing serious consequences, including license suspension, fines, jail time, and a permanent criminal record. But you have options. California DUI law requires the prosecution to prove every element of their case, and police make mistakes.
At the Law Offices of Anna R. Yum, San Diego criminal defense attorney Anna R. Yum has defended DUI cases throughout San Diego County. As a former Riverside County prosecutor, she understands how the District Attorney builds DUI cases and knows exactly how to challenge questionable evidence. Our DUI defense lawyers represent clients in all San Diego courts, including the Central Courthouse, South Bay, East County, and North County.
This guide explains California’s DUI laws, the penalties you face for first and repeat offenses, defense strategies that work, and how to protect your license at the DMV hearing. Call the Law Offices of Anna R. Yum at (619) 233-4433 for a free consultation.
We have been working with anna’s law office for over a year, we have been extremely pleased with the results I have received. Everyone is so patient and respectful. I cannot thank all of them enough for battling this difficult case of mine…
From start to finish the everyone there had my back. George took my call initially and I could tell right off the bat this way the place. I consulted many attorneys trying to find someone who could help with my case as I am out of state…
California Vehicle Code § 23152 defines multiple DUI offenses involving alcohol, drugs, or a combination of both.
Different BAC limits apply based on driver type and age:
Key Takeaway: In alcohol cases, prosecutors may charge DUI based on impairment alone (§ 23152(a)), a BAC of 0.08% or higher (§ 23152(b)), or both. Drug DUIs are charged under § 23152(f), and combined alcohol‑and‑drug DUIs under § 23152(g).
Anna R. Yum is the founding attorney of the Law Offices of Anna R. Yum and a former Riverside County Deputy District Attorney. She has tried jury and bench trials in both state and federal courts and has defended clients in cases ranging from serious felonies to misdemeanors. She is licensed to practice in California (state and federal courts in the Southern and Central Districts) and Illinois.
As a former prosecutor, Ms. Yum understands how the District Attorney evaluates evidence and builds DUI cases. She uses this inside knowledge to anticipate prosecution strategies and identify weaknesses in the state’s case. She has been featured on Fox News, HLN/CNN, Court TV, and Law & Crime, and she frequently speaks on criminal defense topics, including domestic violence and DUI.
Ms. Yum graduated from Northwestern University with degrees in Communication Studies and International Studies and earned her J.D. from the University of San Diego School of Law, where she was inducted into the Order of Barristers for excellence in oral advocacy.
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I don’t even know where to begin expressing how grateful I am for Anna Yum and her amazing team — Logan, George, and Grace. They didn’t just represent me; they stood by me through one of the hardest chapters of my life. I was facing charges…
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California DUI penalties depend on your prior DUI history and whether anyone was injured. Below is a breakdown of penalties for first, second, and third DUI offenses within 10 years:
| Offense | Jail Time | Fines | License Suspension | DUI School |
|---|---|---|---|---|
| First DUI | 0-6 months | $390-$1,000 | 6 months (restricted after 30 days) | 3-9 months |
| Second DUI | 96 hours-1 year | $390-$1,000 | 2 years (restricted after 1 year) | 18-30 months |
| Third DUI | 120 days-1 year | $390-$1,000 | 3 years (restricted after 18 months) | 30 months |
First-time DUI offenders typically receive informal probation for 3-5 years instead of jail time. Probation conditions often include DUI school, fines, community service, and installation of an ignition interlock device (IID). Judges can also order Alcoholics Anonymous meetings or a Mothers Against Drunk Driving (MADD) victim impact panel.
Certain aggravating factors can increase DUI penalties:
Key Takeaway: DUI penalties escalate with each conviction within 10 years. A fourth DUI within 10 years is charged as a felony, carrying 16 months to 3 years in state prison and a 4-year license revocation.
Call Anna R. Yum at (619) 233-4433 to discuss your specific charges and potential defenses.
I am very well pleased with the legal services from Anna Yum and her team! They were not only professional, but very attentive and caring to my family and our family member who was their client. They took our case which was in a different…
I am so grateful to have Anna and her team help me with my case. They had been with me every step of the way through a long (almost 3 year) case, and they had made me feel safe in my position when I felt like, at times, I may fail. I can not thank each…
A DUI arrest triggers two separate cases: a criminal court case and an administrative license suspension case with the California Department of Motor Vehicles (DMV). You have 10 days from your arrest to request a DMV hearing. If you don’t request a hearing, your license will be automatically suspended 30 days after your arrest.
At the DMV hearing, the main issues are typically whether the officer had reasonable cause to believe you were driving under the influence, whether you were lawfully arrested, and whether your BAC was 0.08%+ (or whether you refused/failed to complete a chemical test).
The DMV hearing is separate from your criminal case. Winning the DMV hearing does not dismiss your criminal charges, and losing the hearing does not mean you will be convicted in court. However, the hearing gives your attorney an early opportunity to cross-examine the arresting officer and review the prosecution’s evidence.
If you request a hearing, your license remains valid until the hearing concludes. If you win the hearing, the DMV will not suspend your license (though the court can still suspend it if you’re convicted). If you lose, the DMV APS action generally applies as follows (21+):
Anna R. Yum handles both your DMV hearing and criminal case. She represents clients at DMV hearings throughout San Diego County, including the San Diego DMV Office and the El Cajon DMV Office. Call (619) 233-4433 immediately after your arrest to schedule your DMV hearing.
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I am incredibly thankful for Attorney Anna Yum and her team for how they helped me achieve what I thought would be impossible. I was unexpectedly indicted with 10 charges, including four felony charges with recordings as evidence…
Fabulous staff – George was great. We hired Logan to represent my son in a double felony case. Logan has been amazing – he was very thorough in his explanations for our options, outcomes and his recommendations. God willing we never need to hire…
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Most DUI arrests in San Diego begin with a traffic stop. An officer can stop your vehicle if they observe a traffic violation (speeding, running a red light, weaving) or if they have reasonable suspicion you’re driving under the influence.
Once stopped, the officer will look for signs of intoxication:
If the officer suspects you’ve been drinking, they will ask you to perform field sobriety tests (FSTs). The most common tests include:
You are not legally required to perform FSTs in California. These tests are subjective and may be used to build evidence against you. Sober people can fail FSTs due to poor balance, nerves, medical conditions, or uneven surfaces.
If you perform poorly on FSTs, the officer will request a preliminary alcohol screening (PAS) test using a handheld breathalyzer. For drivers over 21, the PAS test is also voluntary before arrest. However, refusing the PAS test will likely result in arrest if the officer already suspects impairment.
After arrest, you must submit to a chemical test (breath or blood) under California’s implied consent law (Vehicle Code 23612). Refusal to take a post-arrest chemical test results in automatic license suspension for one year and additional criminal penalties. You can choose between a breath test (administered at the police station) or a blood test (drawn at a hospital or police facility). Blood tests are generally more accurate but take longer to process.
The officer will confiscate your license and issue a temporary license (typically valid for 30 days) while the DMV process moves forward. You will be released from custody after posting bail or on your own recognizance (OR) if you promise to appear in court.
Key Takeaway: You have the right to refuse field sobriety tests and pre-arrest breath tests. However, you must submit to a post-arrest chemical test or face automatic license suspension and enhanced penalties.
Contact the Law Offices of Anna R. Yum at (619) 233-4433 if you’ve been arrested for DUI in San Diego.
Yes. California Vehicle Code 23152(f) makes it illegal to drive under the influence of any drug, including legally prescribed medications. You can face DUI charges if prescription drugs impair your ability to drive, even if you took them as directed by your doctor.
Common prescription medications that can result in DUI charges include:
Prosecutors must prove that the drug actually impaired your driving, not just that it was present in your system. Many prescription drugs remain detectable in blood or urine long after their effects have worn off. Your attorney can challenge drug DUI charges by showing that you took your medication as prescribed, that you were not impaired while driving, or that the drug test results are unreliable.
I can’t thank Logan enough for the help and support he provided during a very difficult time for our family. He represented my son in a criminal case and was incredibly helpful from the very beginning. Logan was not only knowledgeable and…
This is the second time the Law Offices of Anna Yum help me out with a DUI offense. Logan helped me out on my case and managed to get my second DUI reduced to a wet reckless. During this hectic time, this team made communication & paperwork…
California DUI cases depend on scientific evidence that can be challenged. Anna R. Yum uses proven defense strategies to fight DUI charges in San Diego:
The officer must have reasonable suspicion to make a traffic stop (and often a traffic violation supplies that basis). If the officer stopped you without observing a traffic violation or specific signs of impairment, your attorney can file a motion to suppress all evidence obtained after the illegal stop. If the court grants the motion, the prosecution cannot use any evidence from the stop, and your case will likely be dismissed.
FSTs are unreliable. Medical conditions, fatigue, anxiety, uneven surfaces, poor lighting, and improper instructions can all cause you to fail. Your attorney can challenge the officer’s administration and interpretation of the tests.
Breathalyzers must be calibrated and maintained according to California Title 17 regulations. Your attorney can subpoena calibration records and maintenance logs to determine whether the device was functioning properly. Calibration errors can result in falsely high BAC readings.
The officer must observe you for 15 minutes before administering a breath test to ensure you don’t burp, vomit, or consume anything that could introduce “mouth alcohol.” Alcohol-based mouthwash, breath spray, and acid reflux can all cause false positives. If the officer did not conduct the required observation period, your attorney can challenge the breath test results.
Alcohol takes 30-90 minutes to fully absorb into your bloodstream. If you were tested long after you stopped driving, your BAC may have been below 0.08% while you were driving, but above the limit by the time you were tested. This is called a “rising BAC” defense.
Diabetes (especially ketoacidosis) and ketogenic diets can increase ketones such as acetone, which can interfere with some breath alcohol testing in certain circumstances. Your attorney can introduce medical evidence to explain elevated BAC readings.
Key Takeaway: Every DUI case has potential weaknesses. The prosecution must prove you were driving under the influence beyond a reasonable doubt. If your attorney raises sufficient doubt about the evidence, you cannot be convicted.
Contact Anna R. Yum at (619) 233-4433 to review the defenses available in your case.
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A “wet reckless” is a reduced charge under Vehicle Code 23103.5. Prosecutors sometimes offer a wet reckless as a plea bargain in DUI cases where the evidence is weak or your BAC was close to the legal limit.
Penalties for a wet reckless are less severe than a DUI conviction:
However, a wet reckless still counts as a prior DUI conviction. If you’re arrested for DUI again within 10 years, the wet reckless will be treated as your first DUI, and you’ll face second-offense penalties. A wet reckless also appears on your criminal record and can increase your insurance rates.
Your attorney can negotiate for a wet reckless if the prosecution’s evidence has weaknesses, such as a borderline BAC reading, no accident or injury, or procedural errors during your arrest.
Commercial drivers face stricter DUI laws. Under federal and California law, a commercial driver commits DUI if they operate a commercial vehicle with a BAC of 0.04% or higher, or a non-commercial vehicle with a BAC of 0.08% or higher.
A DUI can trigger a one-year disqualification from operating a commercial motor vehicle (and longer in some situations, such as hazardous materials). A second major offense can lead to a lifetime disqualification, though federal rules allow states to permit reinstatement after 10 years in limited circumstances.
You generally cannot drive commercially while disqualified, but you may still be able to pursue non-commercial restriction options, often requiring a downgrade to a Class C license.
Commercial drivers cannot receive a restricted license during a DUI suspension. This means you cannot drive commercially for work, which can result in job loss. Anna R. Yum works with commercial drivers to fight DUI charges and protect their CDLs. Call (619) 233-4433 if you hold a CDL and have been arrested for DUI.
California Vehicle Code 23136 prohibits drivers under 21 from driving with a BAC of 0.01% or higher. This “zero tolerance” law applies even to trace amounts of alcohol.
If you’re under 21 and fail a PAS test showing any measurable alcohol, the DMV will suspend your license for one year. You have 10 days to request a hearing. If you’re 18 or older, you may also face criminal charges under Vehicle Code 23140 if your BAC is 0.05% or higher.
Penalties for underage DUI include:
Underage DUI convictions can affect college admissions, scholarships, and future job opportunities. Anna R. Yum has defended hundreds of underage DUI cases in San Diego.
A DUI conviction creates a criminal record in California. Some people may later qualify for relief such as a Penal Code 1203.4 dismissal (‘expungement’), but it does not seal the record and has exceptions.
You may be eligible for DUI expungement after completing probation if you did not serve time in state prison. Expungement allows you to legally state that you were not convicted (with some exceptions), but the conviction remains visible to law enforcement and government agencies.
I had a fantastic experience working with Sara. From the very beginning, she was professional, responsive, and genuinely cared about my case. She took the time to explain every step clearly, answered all my questions, and made sure I fully…
I want to express my heartfelt gratitude to Anna R. Yum law office and their incredible team for support and guidance throughout my journey. From start to finish, Logan and Lauren was amazing they helped me navigate the military diversion…
A DUI arrest in San Diego can jeopardize your license, your job, and your freedom. You need an attorney who understands both the criminal court process and the DMV hearing system.
Anna R. Yum has defended clients charged with DUI throughout San Diego County for over a decade. As a former prosecutor, she knows how the San Diego District Attorney builds DUI cases and how to challenge every piece of evidence. Our criminal defense attorneys have helped hundreds of clients reduce or dismiss DUI charges.
Call the Law Offices of Anna R. Yum at (619) 233-4433 for a free consultation. Our offices are located at 501 W Broadway, Suite 1660, San Diego, and we represent clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, and La Mesa.
DUI attorney fees in San Diego depends on case complexity, whether the case goes to trial, and the attorney’s experience. The Law Offices of Anna R. Yum offers free consultations so you can understand the costs before hiring us.
Yes. DUI charges can be dismissed if the officer lacked probable cause to stop or arrest you, if chemical test results are unreliable, or if the prosecution cannot prove you were driving under the influence. Anna R. Yum can file suppression motions and challenge the prosecution’s evidence, working towards the most favorable outcome possible whether that means a reduction or a complete dismissal.
Refusing a chemical test after arrest results in automatic license suspension for one year (first offense) or two years (second offense). The prosecution can also use your refusal as evidence of guilt at trial. However, a conviction on the refusal does not guarantee a conviction on the DUI charge, your attorney can still challenge the arrest and any other evidence.
The officer will give you a temporary license valid for 30 days. After 30 days, your license will be suspended unless you request a DMV hearing within 10 days of your arrest. If you win the DMV hearing, you can continue driving. If you lose, you may qualify for a restricted license with an ignition interlock device.
Judges typically sentence first offenders to probation, fines, DUI school, and community service. However, aggravating factors like a high BAC, an accident, or causing injury can result in jail time even for a first offense.
A DUI conviction remains on your California driving record for 10 years. It appears on criminal background checks permanently unless you obtain an expungement. For purposes of sentencing, a DUI counts as a prior offense for 10 years.
You may be eligible for expungement under Penal Code 1203.4 if you successfully completed probation and did not serve time in state prison. Expungement allows you to legally state you were not convicted in most situations, but the conviction remains visible to law enforcement.
Yes. Even a first DUI carries serious penalties, including license suspension, fines, DUI school, and a permanent criminal record. An attorney can challenge the evidence, negotiate with prosecutors, represent you at the DMV hearing, and potentially reduce or dismiss your charges. Call Anna R. Yum at (619) 233-4433.
An IID is a breathalyzer installed in your vehicle. You must blow into the device to start the car. If the device detects alcohol, the car will not start. California law often makes an IID the fastest path to driving again. Many first offenders can choose between an IID-restricted license or a work/treatment-restricted license, while repeat alcohol-related DUI offenders generally must install an IID to reinstate.
Yes. Field sobriety tests are voluntary for drivers over 21. Refusing FSTs has no legal penalties and cannot be used against you in court. However, refusal may give the officer additional reason to arrest you based on other observations.
A wet reckless (VC 23103.5) is a reduced charge that carries less severe penalties than a DUI. However, a wet reckless still counts as a prior DUI if you’re arrested again within 10 years. Your attorney can negotiate for a wet reckless if the evidence against you has weaknesses.
Most DUI cases take 3-6 months to resolve. The timeline depends on whether you request a DMV hearing, whether your case goes to trial, and the court’s schedule. Your attorney may be able to appear in court on your behalf so you don’t miss work.
Don’t face criminal charges alone – get prosecutorial insight working for your defense today.
