DUI Defense Practice Areas - Defending Rights Law Center

what we are expert at

DUI Defense

First Offense DUI

First Offense DUI (Misdemeanor) may result in a loss of license for six to ten months and loss of commercial license for one year.

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Second Offense DUI

Second Offense DUI within ten years from your first offense (Misdemeanor) may result in a loss of license for two years and loss of commercial license for life.

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Third Offense DUI

Third Offense DUI within ten years from your first offense (Misdemeanor) may result in a loss of license for three to ten years and loss of commercial license for life.

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Fourth Offense DUI within ten years from your first offense elevates an otherwise standard DUI to a felony offense. It may result in a loss of license for three to ten years and loss of commercial license for life.

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Felony DUI Accident/Injury

Any DUI charge where the driver was involved in an accident, at fault, and there was injury to a passenger or other driver, the Prosecution may file as a felony.

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DUI Drugs

DUI involving drugs in governed by Vehicle Code 23152(a) and can be difficult for the Prosecution to prove. Unlike DUI cases involving alcohol where there is a .08% limit, there are no such limits involving drugs.

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DUI and DMV Consequences

Zero Tolerance laws are governed by Vehicle Code Section 23136 and 23140 which prohibit any driver under the age of 21 to drive with a BAC of .01% or more.

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Under 21 DUI

Zero Tolerance laws are governed by Vehicle Code Section 23136 and 23140 which prohibit any driver under the age of 21 to drive with a BAC of .01% or more.

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DUI Refusals

DUI Refusals are extremely serious cases as one is faces a one year license suspension on a first offense and possible misdemeanor charges.

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Zero Tolerance Probation Violation

Driver’s who are over 21, but on DUI probation, cannot drive with a .01% or more BAC. If they do, they will be in violation of their DUI Probation.

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Hit and Run

The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle.

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Evading Police

Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s motor vehicle.

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Early Termination of Probation

The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence.

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DUI Speed Enhancement

Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum.

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Driving on a Suspended License

No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105.

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Boating Under the Influence (BUI)

Boating Under the Influence Cases are very serious and comparable to Driving Under the Influence cases. These type of cases are governed under Harbor and Navigation Code Section 655.

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Commercial Drivers

Commercial drivers may not operate a commercial vehicle with a .04% or more Blood Alcohol Level. If they are convicted of a DUI offense operating a non-commercial vehicle.

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DUI Child Endangerment

If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed.

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DUI Court Representation

When one thinks of a charge for Driving Under the Influence (DUI), they typically do not think of the civil side. Most people, when they hear DUI, they think of the criminal offense. However, DUI charges also come with the possibility of civil penalties through the Department of Motor Vehicles (DMV).

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DMV Hearing Representation

The first issue deals with whether or not law enforcement had 1) Reasonable suspicion to believe that a vehicle code violation had occurred; and 2) Probable cause to arrest one for driving under the influence. This also falls under the purview of the Fourth Amendment to the United States Constitution for one to be free from unlawful searches, seizures and detentions.

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DUI Trial Representation

In every criminal case, one has an absolute right to a Jury Trial where the Prosecutor must prove the accused person’s guilt BEYOND A REASONABLE DOUBT to a jury of 12 of the accused person’s peers. DUI trials typically last 3-6 days and are an effective way to prove innocence!

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DMV Hearing Appeals

A License suspension can be devastating for a driver in California. If DMV suspends one’s license as a result of a REFUSAL, DUI, .01% OR MORE BAC, NEGLIGENT OPERATOR, or any other reason, you have a couple of appeal options. Joshua Price handles all DMV appeals and can walk you through the process and WIN your DMV Appeal.

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DUI Pre-Trial Motions

There are many motions that can be run in your DUI Case prior to trial. Mr. Price has successfully had many DUI cases dismissed prior to trial through pre-trial motions. One of the more common motions of this type is run pursuant to Penal Code Section 1538.5 and based on a violation of one’s Fourth Amendment right to be free from unlawful search, seizure and detention.

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DUI Court Appeals

A person has a right to appeal any Court decision that they do not agree with. All pre-trial motions, trial decisions, as well as sentencing by a Judge. Mr. Price can handle any appeal in your DUI case and is a full service law firm.

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Our Philosophy

You will find my services to be both effective and cost efficient. I focus my practice exclusively on DUI and Vehicle Code related charges. You will personally meet with and speak with me throughout the duration of your case. If you have been arrested, please do not hesitate to contact me immediately to discuss your case at no charge!

Qualified in DWI Detection and the Administration of Standardardized Field Sobriety Testing under National Highway Traffic Safety Administration (NHTSA) standards. The same training that California Highway Patrol Officer’s receive at the academy.

what we are expert at

Why do our clients choose us?

I center my full service DUI practice around each individual client. No one client is more important than the other and every single client gets 110% of my attention on their case. My high rate of DUI dismissals and DMV wins is based on the individual attention that every case gets from me personally.

Every single type of DUI case can be won: no matter if you have a .30 BAC or were involved in a bad collision. Too many people look at the negatives of these cases and give up. I personally guarantee that I will fight to do everything possible to have your case dismissed!

2000+

DUI Cases Defended

10+

Years DUI experience

100+

Driver's Licenses Saved

THIS IS AN ADVERTISEMENT FOR ATTORNEY SERVICES: The attorney responsible for this advertisement is: Joshua Price. Principal office is 4025 Camino Del Rio South, Suite 300, San Diego, CA 92108. Statement of Clients’ Rights: Please note that you are not considered our client unless you have signed a retainer agreement and your case has been accepted. Prior results do not guarantee or predict a similar outcome with respect to any future matter. DISCLAIMER: The content on this website is provided for informational purposes only and as a foundation for discussion between you and an attorney at Defending Rights Law center. DO NOT rely or act upon any of this website's content. If you are charged with ANY CRIME immediately seek the guidance and advice of a Competent California Criminal Attorney. The use of this website does not establish an attorney-client relationship. Our law firm is not your attorney until your case has been accepted and you have a signed retainer agreement.