• Arrested For DUI?

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San Diego DUI Lawyer

Welcome and thank you for taking the time to review our website. You’ve probably arrived at The San Diego DUI Lawyer Pros website because you or someone you know has been arrested for a DUI. If you've been in a car accident please contact our car accident attorneys in San Diego here.

For most people being arrested for a DUI is very humbling and traumatic experience. You're probably experiencing a lot of fear and uncertainty about your future. It's very common to be asking yourself questions like.

To get the answers to these questions click here to visit our Frequently Asked Questions page.


San Diego DUI Attorney

So let's take it from the top. You were arrested and the law-enforcement agent probably had you conduct some field sobriety tests. If you failed your field sobriety tests then the officer conducted a Breathalyzer test. If you are or were at the time under the age of 21 and blew any percentage of alcohol you were arrested for a DUI. If you were over the age of 21 at the time of arrest and blew a blood alcohol concentration level of .08 or greater than you were arrested for DUI. If you refused a field sobriety test then you were taken down to the station and they drew blood from your body and established your blood alcohol level through that method. And again, if you were under 18 at the time of the test and your blood alcohol content was any percentage you were arrested for DUI. If you were over 21 at the time of arrest and your blood alcohol level was .08 or greater you were arrested for DUI. And in the event that you refused the field sobriety test, a breathalyzer test and/or a blood test you would be arrested and charged for DUI anyways under California law there is an “implied consent” law that would require you to take a breathalyzer test, blood test and if you have a special medical condition such as hemophilia or are taking anticoagulants you would be offered a urine test. The reality is you cannot refuse any of these tests and if you do you will automatically be arrested for DUI and suffer a mandatory license suspension of 1 year. A common misconception among people is that if you refuse a chemical test you only lose your license for 1 year. This is just not true and prosecutors will typically pursue your conviction even more aggressively and cite your refusal for a chemical test as an admission of guilt.


San Diego DUI Lawyers

Okay, let's say you're the rare person who was charged and arrested for a DUI and your blood alcohol concentration was not over .08 and you were over 21 years old at the time of arrest. Did you know in the state of California it is possible to be charged and arrested for a DUI even with a blood alcohol concentration that is less than .08 even if you're 21 years of age or older? The answer is yes, in the state of California a law enforcement officer can arrest you for driving under the influence if your blood alcohol concentration is below .08 percentage if:

  • The prosecution can prove you were driving a motor vehicle
  • And if you were under the influence of the time you were driving your vehicle

So what constitutes driving? In the state of California driving is considered to be in your vehicle with the engine on, seated in the driver seat, keys in the ignition with your headlights on. Now you might be asking yourself what constitutes under the influence if my blood alcohol concentration is under the legal limit, which is .08? If a prosecutor can prove that your driving abilities were affected, as in you were driving poorly, swerving, speeding, got to an accident or the other reckless behavior you could be charged with driving under the influence, even if your blood alcohol concentration is under .08.


San Diego DUI Attorneys

Ok so what can we do to help you now? Fortunately for you, law enforcements officers have to follow protocols from the time they pull you over until the time you are “booked” for your DUI offense. If at anytime in this process they make mistakes it could compromise the evidence against you and you could receive a lessor charge or in some cases a total dismissal of charges. Some of the approaches we take in defending your case are:

  • Challenging chemical tests to establish blood alcohol concentrations
  • Exposing the unreliability of DUI field sobriety tests performed
  • Seek to suppress of evidence that was used as suspicion to pull you over
  • File hearings to suppress statements that could be incriminating to you
  • Proving the breathalyzer machine was not calibrated properly or working correctly
  • Mishandling of chemicals used to establish blood alcohol concentrations
  • Presenting outside factors that may have prohibited you from completing a field sobriety tests i.e. uneven side walks, injuries, sickness, shoes and/or restrictive clothing

These are just a list of many factors that could play into your arrest. There are many more defense strategies we use to help you reduce the probability you will receive a maximum penalty in your DUI case. Click here to learn about the 10 effective ways we can fight your DUI arrest and conviction.


San Diego DUI Lawyer Free Consultation

Being arrested for a DUI I unfortunately brings all of these concerns to the forefront of your life. The reality is your life will probably be very uncomfortable for several weeks and months to come. The good news is the DUI lawyers at The San Diego DUI Lawyer Pros can help navigate you through the complex and intimidating DUI court system and DMV hearing. Call us now at (619) 821-8227 for a free consultation. Remember, you only have 10 days from your DUI arrest date to schedule a hearing with the DMV to prevent your driver’s license from being suspended.


  • I met Marc through a mutual friends referral. I had no idea who to turn to, I just knew I was in some serious trouble. I blew a 0.14 twice, I thought my career was over. Even with my high blood alcohol level, Marc told me their were some holes in my case. He met with me several times and explained my case. I was extremely impressed with his confidence, experience and demeanor. I don't know how Marc did it but he negotiated a plea deal down to a wet reckless and I was able to save my job. Marc is San Diego's BEST DUI LAWYER!!

    Stacy, DUI client

  • While on vacation in San Diego, I ended up getting arrested for a DUI. I am the type to research things on my own. I did my due diligence, found an attorney I could trust. I spoke with several attorneys before hiring Marc. I know now, my gut instinct served me well. I knew right away Marc was the man for the job. I was impressed because he actually took the time to talk to me about all things I had questions about. My case turned out great all things considered. Marc made me feel like I was a priority to him. Not all attorneys are like that and I appreciated it a lot.

    Daniel, DUI client

  • I had never been arrested. My job was dependent on keeping my license. Because Mr. Applbaum was able to work with the DMV at the same time as my misdemeanor case, I was able to get a result that I had never imagined possible. Mr. Applbaum is a professional, experienced and worth hiring!

    Sharon, DUI client

  • Marc represented me on a dui charge and worked out a great deal! I would recommend him to anyone in need of a good defense lawyer. I'm forever thankful to him for his representation. Thanks Marc - you're the best!

    Allen, DUI client