San Diego County DUI Attorney

Call (888) 797-1623 For Experienced Defense!

Even before you go to court to face a DUI criminal prosecution, law enforcement has the authority to confiscate your license at the time of your arrest – yes, even before you have been found guilty of anything – if your breath-alcohol reading is .08 or greater or if the officer has probable cause to believe it will be .08 or greater.

That is why it is so crucial that you retain a San Diego County DUI attorney during this challenging time. When you choose to work with Bill Nimmo, you can be confident their qualifications:

  • Bill Nimmo has over 35 years of experience.
  • We have handled hundreds of jury trials.
  • Attorney Nimmo has won numerous awards, including San Diego Top Criminal Attorney Award and Best Lawyers in America award.

Call (888) 797-1623 to make an appointment for your free consultation!

Understanding Your DUI Charges

When it comes to proving a driver was under the influence or breaking the law when behind the wheel, the prosecution will not only need evidence, but a convincing argument that leaves no room for doubt.

Under California law, you can be prosecuted for a DUI on two different theories:

  1. That you were driving "under the influence" of alcohol, which affected your driving ability
  2. You had a BAC of .08 or more, regardless of whether your alcohol consumption affected your driving ability

If your blood-alcohol level is .08 or greater you can be charged with both the first and second count. A conviction of either count is a DUI conviction with identical penalties. In other words, if you go to trial for DUI, you need acquittals on both counts to be successful.

Penalties for DUI in California

Your driver's license can be suspended for 120 days (30 days after the date of the arrest) if you do not request a hearing within 10 days of the arrest and your blood-alcohol level is determined to be .08 or greater. Assuming your blood-alcohol level is close to .08 or any amount over .08, you will most likely be prosecuted for the DUI, which is a misdemeanor in the criminal courts.

Marginal blood-alcohol cases (usually under .10) can sometimes be negotiated for a lesser charge, and high blood-alcohol cases can sometimes be negotiated for a lower blood-alcohol reading, thus avoiding or reducing public work service and a more lengthy DUI program. Some of the other consequences following a DUI conviction include license suspension and raised insurance premiums. These are reasons why it is important to have an attorney on these type of cases.

Choose the Right Lawyer for Your DUI Case

There is a great deal of difference between lawyers who regularly practice routine DUI cases and those who handle serious accidents involving an underlying DUI. Routine DUI cases are much easier to handle and those DUI lawyers develop techniques for contesting the field sobriety tests, the credibility of the officer, and the blood alcohol results. Since they are not so serious, you may have a chance of winning a jury trial even if the jury feels that you are guilty. Understand that this is absolutely not the case if there is a major accident and serious injury or death. If you need a qualified criminal attorney in San Diego, DUI attorney Bill Nimmo understands there are good lawyers all over San Diego County. Our firm will be happy to give you a recommendation if we are not available to handle the case.

DUI with Accident, Injury or Death in San Diego

If, on the other hand, you are involved in an alcohol related accident with death or serious injury you need to find a different type of lawyer. Our firm regularly handles these more serious cases involving a DUI with accident, injury or death. The consequences can be major and the juries are not so liberal in applying proof beyond a reasonable doubt just because they liked the defendant and thought the officer was lying. When you have a victim who is injured or people who have died from an accident where you are charged with drinking while driving you have a serious case on your hands. These are typically charged as DUI with accident or injury, gross vehicular manslaughter if there is a death involved, or even murder if the drinking and driving is extreme.

These serious cases involve a far more serious analysis of cause and usually require experts in accident reconstruction, eyewitness reliability, and other various topics of forensic analysis. So if you are looking for a regular San Diego DUI criminal attorney we are probably not the firm for you. If, however, you want to walk into the courtroom with the confidence that your attorney knows DUI law inside and out and has a long track record of victories in cases like yours, call our office now.