DUI

San Diego DUI Attorney

Experienced Defense Against DUI Charges in California

If you’ve been arrested for a DUI, the first thing you should do is contact an experienced attorney who has a proven record of successfully representing people with DUI charges. At Rodriguez Law Firm, our San Diego DUI lawyer can build a strong case and a solid defense to protect your rights.

Our firm thoroughly investigates the circumstances of the arrest and the results of field sobriety tests to form the basis of a defense strategy. We strategically apply any discovered information at the most critical stages of DUI hearings as well as at appropriate stages during the ensuing criminal prosecution process.


For a consultation about your DUI charges, call Rodriguez Law Firm at (619) 332-1703 today to get started with our San Diego DUI lawyer.


California DUI Laws

In California, the legal BAC limits for individuals operating a motor vehicle are as follows:

  • 0.08% BAC for Adults: For individuals aged 21 and older, driving with a BAC of 0.08% or higher is considered illegal. This threshold is a standard across the United States and serves as the legal limit for adult drivers.
  • 0.01% BAC for Drivers Under 21: California has a zero-tolerance policy for drivers under the age of 21. Any detectable BAC level can result in legal consequences for drivers in this age group.
  • 0.04% BAC for Commercial Drivers: Commercial drivers operating vehicles such as trucks or buses are held to a lower BAC limit of 0.04%. This stricter standard reflects the increased responsibility and potential consequences of large commercial vehicle accidents.

What are the Penalties for DUI in California?

Facing DUI charges in California can result in severe penalties that may impact various aspects of your life. Understanding the potential consequences is essential for making informed decisions and taking the right steps to protect your rights. The penalties for DUI in California include:

  • License Suspension: A DUI arrest triggers an automatic suspension of your driver's license. The time of the suspension will depend on factors such as previous DUI convictions and the circumstances of the current arrest.
  • Fines: DUI convictions come with significant financial penalties, including fines that can amount to thousands of dollars. These fines can place a substantial burden on individuals already dealing with the stress of legal proceedings.
  • Probation: In many DUI cases, individuals could be placed on probation, requiring them to follow specific conditions such as attending alcohol education programs, submitting to regular drug testing, and avoiding further legal trouble.
  • Jail Time: Depending on the DUI offense's severity and prior convictions, individuals may face mandatory jail time. A skilled attorney can work to minimize or eliminate this aspect of the penalty.
  • Ignition Interlock Device: Some individuals convicted of DUI could be mandated to install an ignition interlock device in their vehicles. This device will require the driver to pass a breathalyzer test before starting the vehicle, serving as a preventive measure against future drunk driving incidents.
  • DUI School: Completion of a state-approved DUI education program is often a mandatory requirement for individuals convicted of DUI. This program aims to educate offenders about the risks and consequences of driving under the influence.
  • Criminal Record: A DUI conviction can result in a mark on your criminal record, impacting your employment prospects, housing opportunities, and more.

How To Defend Against DUI Charges

There are many types of legal challenges that can be used in your defense. For instance, it could be argued that there was a lack of reasonable suspicion for a stop. Before law enforcement officials can make a DUI traffic stop, they must have sufficient reasonable suspicion that a crime has been or is being committed. If law enforcement officials do not have sufficient reasonable suspicion, they did not legally make the initial DUI traffic stop, and any and all evidence obtained as a result of that unlawful detention is inadmissible in court.

Your attorney might also argue that the field sobriety test was inaccurate. After a person is suspected of drunk driving, he or she may be asked to perform a series of field sobriety tests. It is up to the police officer to decide if the suspect passes or fails these tests by following a specific procedure for administration and evaluation. However, a person can perform poorly during the field sobriety tests for many reasons other than intoxication.

Rather than alcohol or drug use, a poor test performance might be caused by:

  • Testing equipment that has not been properly maintained or calibrated, or that has a history of incorrectly reporting BAC levels
  • Medical conditions that would make it difficult to perform some of the physical tests
  • Uncomfortable shoes that can make it difficult to perform physical tests
  • Preexisting vision problems
  • Low blood sugar caused by diabetes

Contact Our DUI Lawyer in San Diego Today

Because there are countless variables with each DUI arrest, trust the professionals at Rodriguez Law Firm to build a defense that takes the unique details of your situation into consideration. Attorney Rodriguez is a former police officer who has experience with DUI procedures. He knows how to challenge evidence commonly used by the prosecution.


Need more information about our DUI defense strategies? Contact our experienced San Diego DUI attorney at (619) 332-1703 to learn more.


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  • I had researched at least 30 lawyers before I chose John. All the other lawyers I spoke to seemed focused on their fees rather than my case.
    Aliya H.
  • This was all a super stressful situation, but after hiring John, I finally felt like the weight was lifted.
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