Know the San Diego DUI Law Before You Get Arrested!
Although San Diego is a great place to visit all throughout the year, it has some of the strictest rules and requirements on DUI cases. The San Diego DUI laws and provisions are there to make it driving under the influence in San Diego something not worthwhile doing. And the results have been good. Last summer, though there were around 2000 arrests during the summer seasons, there were no recorded DUI related fatalities. This is significant as the decrease of the number of lives lost due to DUI make it relatively safer in the highways. What possibly made the San Diego DUI laws more stringent is its border with Mexico and the annual pilgrimage of college people out for fun during the holiday breaks. While it is not unlawful for college kids to let loose after a semester or two, grinding away studying, they still need to be responsible, especially when behind the wheel.
The main hassle of being charged with DUI in San Diego is the San Diego DMV Administrative Per Se License Suspension hearing. When one is arrested or cited for DUI, the person charged is given a temporary driver's permit which is valid for thirty days. However, this defendant must within ten days of being given the permit, request for a DMV APS hearing from the San Diego DMV. Without this, the defendant automatically waives his or her rights and after the thirty day period is up, he or she automatically has a suspended license which may be from 4 months to a year. This is of course assuming that the DUI case is unresolved by that time and with 16,000 DUI cases a year at the San Diego courts, the case may be pushed back. Now, a DMV APS hearing is different from any trial or judicial hearing since it is a DMV hearing officer that will decide on the case. This officer has the right which evidence may be used for your case. This may seem unfair but it is not a judicial trial.
For any one who has the misfortune of being arrested for DUI, the best option for you is to hire a local DUI lawyer to handle your case from the start. Even if your license is out of state, the California DMV may start procedures to charge you if you do not comply with the DMV APS hearing. This hearing is actually to establish whether you can continue using your driver's license or whether it should be revoked. Hiring a San Diego DUI lawyer may be an extra expense but at the very least, this lawyer will try to get you out of a conviction which may include a penalty, jail time, and a permanent record. Better to be safe than sorry when it comes to such matter.
