If you’re facing criminal charges in San Diego, it’s important to have a team of experienced and reliable criminal defense attorneys by your side. Sevens Legal is here to offer you the best defense against a wide range of criminal accusations. Our attorneys specialize in defending individuals who are charged with both state and federal crimes, and we have a track record of success in the local courts. We are committed to providing you with personalized attention, clear advice, and a robust defense strategy designed to protect your rights and secure the best possible outcome.
Do You Need a San Diego DUI Lawyer? We Can Help
SEVENS LEGAL, APC
At Sevens Legal, we pride ourselves on representing our clients by leveraging over 40 years of combined expertise and litigation success. We offer a wide variety of criminal defense representation throughout Southern California and San Diego County. Our team of skilled San Diego criminal attorneys includes a former prosecutor and a certified criminal law specialist. We’ll help you gain a big picture understanding of your case so you know the full scope of your rights and the best ways to achieve a successful outcome.
RISK FREE CONSULTATION
Often your very best first step is getting representation and understanding your options immediately. For most offenses, you can only be held for 48 hours before appearing before a magistrate or judge (arraignment)—and often that time can much less with the right legal representation. Rather than tying up your family’s limited financial resources by posting bail, consider contacting an attorney first. The following guide can help you better understand and navigate the San Diego criminal justice system, but it is no substitute for quality legal representation. What is a considered a controlled substance in California?

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Top-Rated Criminal Defense Lawyers in San Diego
When you’re accused of a crime in San Diego, it’s crucial to have a criminal defense lawyers in san diego who knows the local court system inside and out. At Sevens Legal, our team is well-versed in the nuances of San Diego’s criminal law. Whether you’re facing charges related to theft, drug offenses, assault, or more serious crimes like murder or fraud, we have the expertise to handle your case with professionalism and dedication. Our deep understanding of San Diego’s legal landscape allows us to provide you with the most effective defense strategies tailored to your specific situation.
Why Hiring a Specialized Federal Criminal Defense Firm with Skilled Crime Solicitors Is Crucial
Federal criminal charges are far more complex than state charges, and they require a specific set of skills. A skilled federal criminal defense firm like Sevens Legal can make all the difference in your case. Federal charges often involve strict sentencing guidelines, intense scrutiny, and sophisticated investigative techniques. Our experienced crime solicitors have handled numerous federal cases, from white-collar crimes to drug trafficking and fraud. We understand the intricacies of federal law and are dedicated to delivering top-tier representation to ensure that your rights are fully protected.
Top Traits to Look for in Federal Criminal Lawyers and a Dedicated Federal Crimes Lawyer
When selecting a federal criminal lawyer, experience and specialization are key. You need someone who has extensive experience with federal cases and a proven record of success. At Sevens Legal, we pride ourselves on having the expertise required to handle federal crimes. Our lawyers are highly skilled, detail-oriented, and focused on the best possible outcome for our clients. Whether you need assistance with a federal investigation or you’re facing trial, our team is dedicated to giving you a strong defense. Look for a firm that offers personalized attention and has a deep understanding of the federal legal process—that’s exactly what we provide.
Choosing the Best Criminal Law Firm and Lawyer for Criminal Cases
Selecting the right criminal law firm is crucial for the success of your case. You want a team that not only has the legal expertise but also the passion to fight for your rights. At Sevens Legal, we are committed to providing exceptional legal services with a personal touch. Our criminal lawyers work tirelessly to protect your interests, and we understand that each case is unique. From the moment you reach out to us, we offer a no-obligation consultation where we listen to your story, evaluate your situation, and provide you with the guidance needed to move forward. Choose a criminal law firm with a proven reputation—choose Sevens Legal.
Why You Need a Skilled Attorney for Criminal Cases from a Team of Criminal Law Attorneys
Criminal cases can have serious consequences, including lengthy prison sentences, fines, and a permanent criminal record. That’s why you need a team of skilled criminal defense lawyer who can navigate the legal system on your behalf. At Sevens Legal, we believe in building strong defense strategies that address all aspects of your case. Our team works closely together, pooling their knowledge and expertise to ensure every detail is covered. We have a reputation for securing favorable outcomes, and we are ready to provide the aggressive defense you need.
We Serve a Range of the Best Criminal Defense in San Diego & Nearby Areas
Sevens Legal is proud to offer our top-rated criminal defense services throughout San Diego and its surrounding areas. Whether you’re in Downtown San Diego, Chula Vista, or El Cajon, we are here to serve you. We understand that criminal charges can happen at any time and in any place, which is why we offer convenient and accessible services near you. Our dedicated team of attorneys is always ready to provide expert legal assistance, regardless of your location. Let us guide you through the legal process and work tirelessly on your behalf.
Chula Vista (91910, 91911, 91913, 91914, 91915) Oceanside (92049, 92051, 92052, 92054, 92056, 92057, 92058) Escondido (92025, 92026, 92027, 92029) Carlsbad (92008, 92009, 92010, 92011) El Cajon (92019, 92020, 92021, 92022) La Mesa (91941, 91942, 91943, 91944) National City (91950) Santee (92071, 92072) Poway (92064, 92074) Encinitas 92007 (Cardiff-by-the-Sea), 92023, 92024 Vista (92081, 92083, 92084, 92085) San Marcos (92069, 92078, 92079, 92096) Coronado (92118) Imperial Beach (91932, 91933) Del Mar ( 92014) Solana Beach (92075) Lemon Grove (91945, 91946) Alpine (91901, 91903) Ramona (92065) Fallbrook (92028, 92088)
Certifications
Our team of seven legal is highly qualified, with a wealth of experience and certifications in criminal law. Sevens Legal is proud to be recognized by various legal organizations, ensuring you receive the highest standard of legal representation. Our lawyers continuously update their knowledge through continuing education and certifications, keeping up with the latest developments in criminal law to provide you with the best defense possible.
Add Facts According to Govt Law
Did you know that the U.S. government spends billions of dollars annually on federal law enforcement? This means that federal agencies like the FBI, DEA, and ATF have extensive resources to pursue criminal cases. However, with the right legal representation, you can level the playing field. At Sevens Legal, we ensure that our clients are not intimidated by the power and resources of these agencies. Our criminal defense team has the expertise to handle high-stakes federal cases and secure favorable outcomes.
Why Choose Us, San Diego Criminal Lawyers
Choosing Sevens Legal means choosing a team of experienced, reliable, and dedicated criminal defense attorneys who will fight for your rights. Our personalized approach ensures that we understand your unique situation and tailor our defense strategies accordingly. We’re committed to providing you with the highest level of legal service, and we don’t stop until we’ve explored every avenue to defend you. With a proven track record of success and a team of attorneys with years of experience, Sevens Legal is your trusted partner in criminal defense.
To drive from San Diego International Airport (SAN) to 3555 Fourth Avenue, San Diego, CA 92103, begin by exiting the airport onto North Harbor Drive. Follow signs to merge onto Interstate 5 North (I‑5 N). Shortly after merging, take the ramp for CA‑163 North (Cabrillo Freeway) toward Escondido. Continue on CA‑163 N for about a mile, then take the Washington Street exit toward Hillcrest. At the end of the exit ramp, turn left onto Washington Street, and after a short distance, turn right onto Fourth Avenue. Continue driving north on Fourth Avenue until you reach your destination at 3555 Fourth Ave, located in the Hillcrest neighborhood of San Diego.
At Sevens Legal, APC we pride ourselves on our commitment to prompt responses to our potential clients and clients. Your case is very important to us and we will respond to you as soon as possible.
FAQ
Our DUI defense attorneys at Sevens Legal have years of experience defending the rights of DUI clients in San Diego and the surrounding areas, and we can answer any questions you have about your DUI charges. We also offer a free initial consultation and case evaluation, so do not hesitate to contact our firm for help with your DUI case.
You do have the right to represent yourself in your DUI case. However, unless you are intimately familiar with California DUI laws and the inner working of the criminal justice system, you may be doing yourself a disservice by representing yourself at trial.
DUI laws are complicated and constantly changing, and navigating the California criminal justice system on your own can be scary and confusing. By hiring a DUI defense lawyer who has experience handling San Diego drunk driving cases, you can significantly improve your chances of getting a favorable outcome in your case.
In addition to increased insurance premiums, there are a number of other financial costs you may incur as a result of a DUI, depending on the specific facts of your case, possibly including criminal fines, administrative fees, vehicle costs, treatment costs, restitution payments, installation of an IID, job loss, attorney fees and more. In total, a single DUI in California can cost you anywhere between $13,000 and $27,000.
If you get a DUI in San Diego, your car insurance premium can increase dramatically. You should know that unless you are involved in a DUI accident, you are not obligated to notify your auto insurance company about a DUI; the burden is on the insurer to discover the DUI. The most common way auto insurance companies learn about DUIs is because of an SR22 certificate request, a “proof of financial responsibility” document required by the California DMV to reinstate a suspended license or issue a new license after a DUI. Once your auto insurance company learns about the DUI, your insurance rates could skyrocket or your coverage could be canceled altogether.
There are certain sentencing guidelines in place for DUIs in San Diego, which means there is a range of penalties that can be imposed on defendants convicted of DUI. That being said, the judge has some discretion when determining the appropriate sentence for a DUI offense. If you are convicted of DUI in San Diego, your attorney may be able to present mitigating factors, or extenuating circumstances, that reduce your culpability or warrant a more lenient sentence.
In order to get a conviction for DUI in San Diego, the prosecutor in your case must prove each element of the crime beyond a reasonable doubt. If you are charged with a violation of California Vehicle Code § 23152, for example, the prosecution must establish the following: 1) You drove a motor vehicle, and 2) When you drove, you were under the influence of alcohol or had a BAC of 0.08% or higher. If the arresting officer didn’t actually witness you driving the vehicle, your attorney may be able to use the “no driving” defense to help you beat the DUI charges.
Under California law, the police only have the authority to pull you over for DUI if they have a reasonable suspicion that you are driving under the influence of alcohol or breaking another law, i.e. if you are swerving, speeding or making unsafe lane changes. If the officer who arrested you for DUI did not have probable cause to pull you over, your attorney may be able to get your DUI charges dismissed.
When the police set up a DUI checkpoint, they are required to abide by a set of guidelines in order for the checkpoint to be considered lawful. If the police violate any of these guidelines, your DUI arrest may not be lawful.
If you have been arrested for DUI in San Diego, the police are legally required to read you your Miranda rights before questioning you about the offense. The Miranda warning is intended to make sure you understand your constitutional rights, including your right to remain silent and your right to have an attorney present. The police are not required to Mirandize you until after they have arrested you and are ready to begin questioning you. If the police fail to read you your Miranda rights before interrogating you, your attorney may be able to use this Miranda violation as a defense strategy in your case.
There are many defense strategies your DUI defense attorney can use at trial to challenge the prosecution’s evidence against you. For instance, if your DUI arrest was unlawful, if the police mishandled evidence related to your chemical test, if you were not read your Miranda rights before being questioned, or if there is another explanation for your apparent impairment other than alcohol or drugs, your attorney may be able to get your DUI charges dismissed or reduced.
Facing DUI charges can be scary and confusing, especially if you end up going to trial. However, just because your DUI case goes to trial doesn’t mean you will be convicted of the crime and sent to jail. The burden of proof in a DUI case is on the prosecution, and with the right DUI defense attorney on your side, it is possible to win your DUI case outright.
Under California law, the legal limit for BAC is 0.08%, which means any person who operates a motor vehicle with a BAC of 0.08% or higher can be arrested for DUI. If you were arrested for DUI and your BAC measured over 0.15% or 0.20%, you could face a longer jail sentence, higher fines, a longer driver’s license suspension and other increased penalties.
There are certain facts or circumstances that can increase the severity of a San Diego DUI and result in enhanced criminal penalties upon conviction (sentencing enhancements). These circumstances are known as “aggravating factors.” Some examples of aggravating factors in a DUI case include speeding, reckless driving, being involved in an accident, having a child in the car, or having an exceptionally high BAC.
There are certain specific situations in which a San Diego DUI can be charged as a felony offense. If you have a prior felony DUI conviction on your record, if you have three or more prior convictions for DUI, or if your alleged DUI caused injury or death to another person, you could face charges for felony DUI.
Generally, a misdemeanor DUI crime is one that is punishable by imprisonment in a county jail for no more than one year, while a felony DUI is typically punishable by more than one year in state prison.
Most DUI offenses in San Diego are charged as misdemeanors, but DUI can be charged as a felony in certain cases.
Most first, second and third DUI offenses in San Diego carry a maximum sentence of one year in jail (up to six months for a first-time offense). However, a good DUI defense attorney may be able to get your DUI charges reduced to a wet reckless or dry reckless charge, which could mean a shorter jail sentence or no jail time at all. If you have recevied a fourth time DUI charge please call our office to discuss your options.
Under a new DUI law in California, you may be able to get your license back sooner if you install an ignition interlock device (IID) in your vehicle. An IID is essentially a breathalyzer test built directly into your car’s ignition system. In order to start the car, and periodically while you drive, you will have to blow into the machine so it can test your BAC.
The penalties associated with a DUI conviction can vary a great deal depending on your criminal history and the specific facts of the case. Generally speaking, a DUI conviction can carry a county jail or state prison sentence, probation, significant fines and other fees, mandatory DUI classes, a suspension of your driver’s license, IID installation and restitution to any injured parties, among other potential DUI penalties.
The administrative license suspension imposed by the DMV will last four months for a first DUI offense and one year for a second, third, fourth or subsequent DUI offense occurring within ten years. If you are convicted of DUI in criminal court, the suspension period will be even longer. In San Diego, being convicted of DUI results in a six-month license suspension for a first-time offense, a two-year suspension for a second-time offense occurring within ten years, a three-year suspension for a third-time offense, and a four-year suspension for a fourth-time offense.
Your “Notice of Suspension” will serve as your temporary license for 30 days from the date of your DUI arrest. At the end of 30 days, if you have lost your DMV hearing or waived your right to contest the suspension of your license by failing to schedule a hearing, your driver’s license will be suspended.
Not all San Diego DUI cases go to trial. In fact, many DUI charges are resolved outside of court with a plea bargain. By negotiating a plea agreement with the prosecutor, your defense attorney may be able to get your DUI charges reduced to a lesser offense carrying a lighter punishment.
If you lose your DMV hearing or fail to schedule the hearing within 10 days of your arrest, your license will automatically be suspended after 30 days. This is an administrative suspension imposed by the DMV that occurs separately from and in addition to any license suspension resulting from a criminal conviction. If you refuse chemical testing after being lawfully arrested for DUI, you could face a longer driver’s license suspension.
In most cases, if you hire a DUI defense attorney to represent you in court, he or she will also represent you in your DMV hearing and appear at the hearing on your behalf. You may not have to appear at the DMV hearing at all unless you intend to testify.
The DMV hearing occurs independently from your criminal case and is a much more casual proceeding than a criminal trial. Unlike a criminal trial, which is presided over by a judge and deliberated by a jury, a DMV hearing is overseen by a DMV hearing officer, who bears the burden of proving that there is a reason to suspend your license.
No. It is up to you or your attorney to contact the DMV to schedule your DMV hearing within 10 days of your DUI arrest.
There are two separate legal proceedings that result from a DUI arrest in San Diego: a criminal court case and an administrative DUI hearing with the DMV. When you are arrested for DUI, the arresting officer will confiscate your driver’s license and provide you with a “Notice of Suspension,” which acts as your temporary license for a period of 30 days from the date of your arrest, pending the outcome of your DMV hearing. The DMV hearing is an administrative hearing that determines whether your driver’s license will be suspended as a result of your DUI arrest.
When you get a DUI in San Diego, you face a suspension of your driver’s license on two different fronts: an administrative suspension by the DMV when you are arrested and a court-ordered suspension as part of your sentence if you are convicted of the DUI.
Drunk driving cases may seem pretty cut and dry, especially when the driver’s BAC tests above the legal limit. However, there are countless factors that go into proving a DUI offense and there are plenty of opportunities for the police or the prosecution to make a fatal mistake. The truth is that experienced attorneys routinely beat DUI charges and with a knowledgeable San Diego DUI defense lawyer on your side, you may be able to get your DUI charges reduced to a lesser offense with fewer penalties or possibly even dismissed altogether.
Unlike the pre-arrest breathalyzer test, you do not have the right to decline a post-arrest DUI breath or blood test. Under California’s “implied consent” law, it is implied that all drivers have given their consent to a breath test to measure their BAC upon being arrested for DUI. So long as your DUI arrest was lawful, you are required to submit to chemical testing, and if you refuse the chemical test, the Department of Motor Vehicles (DMV) will take immediate action to suspend your license and you could face enhanced criminal penalties if you are convicted of the DUI.
Yes. If a post-arrest breath or blood test indicates that you are under the influence of alcohol or drugs, the prosecution can use the test results as evidence of your impairment in your criminal case.
Under California law, if you do not consent to a DUI blood test, the police cannot forcibly draw your blood for testing. Per a U.S. Supreme Court ruling, the police are required to obtain a warrant to draw your blood without your consent, unless there are exigent circumstances that make obtaining a warrant impractical. If the police conduct a forced blood draw without a warrant, the act may constitute a violation of your Fourth Amendment right to be free from unreasonable searches and seizures.
You typically have the right to choose a breath or blood test, and in rare cases, the police may require a urine test, if breath or blood tests are unavailable or inappropriate. Breath tests are the most common type of DUI test, but if the police suspect drug use and have a clear indication that a blood test would show that you have drugs in your system, you could be required to take a blood test.
A chemical test is a DUI breath or blood test intended to measure your level of intoxication or impairment after a DUI arrest.
If you are on probation for a previous DUI offense, you are subject to a similar “zero tolerance” law in San Diego. Under this law, having a BAC of 0.04% or higher counts as a DUI. Drivers on DUI probation also do not have the right to refuse a roadside breathalyzer test.
California has a “zero tolerance” law in effect for underage drivers. Under Vehicle Code § 23136 VC, drivers who are not yet of legal drinking age (21) can face DUI charges if they have a BAC of 0.01% or higher. Underage drivers also do not have the right to refuse a roadside breathalyzer test.
The legal limit for BAC in California is 0.08% for drivers 21 years of age and older driving regular passenger vehicles, but for drivers with a commercial driver’s license, the legal limit is 0.04%. Under Vehicle Code § 23152 (d) VC, “It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle.”
When it comes to a DUI drugs charge, the issue is not whether the drugs you allegedly took were illegal, but whether they impaired your driving to a degree that you are no longer able to drive with the same caution a reasonably careful person would under similar circumstances. This can include illegal drugs (heroin, cocaine, methamphetamine), legal drugs (marijuana), lawfully prescribed prescription drugs (Ambien, Vicodin, Oxycontin), or even over-the-counter medicine (cold medications, antihistamines).
DUI drugs is a charge that occurs when a person is caught driving under the influence of drugs or a combination of any drug and alcohol.
If you take a breathalyzer test and your BAC is below 0.08%, but you still appear intoxicated or impaired, the officer may call in a DRE, or drug recognition expert, to evaluate you for drug use. DREs are law enforcement officers who specialize in identifying when a person is under the influence of drugs.
Yes, even if you refuse the breathalyzer test, you can still be arrested and taken to the police station, at which point you will be legally required to take a DUI breath or blood test.
Under California law, you are not legally required to submit to a pre-arrest breathalyzer test, unless you are under the age of 21 or on probation for a DUI offense. The officer who pulls you over may not make it readily apparent that you have the right to decline a breathalyzer test, which is why it is important to know your rights under the law before a DUI arrest occurs.
In addition to conducting field sobriety tests during a DUI investigation, law enforcement officers may ask drivers suspected of DUI to submit to a Preliminary Alcohol Screening (PAS) test to determine their level of intoxication, if any. The PAS is a hand-held breathalyzer test that gives the police an instant measure of the driver’s BAC, which may give the officer probable cause to make a DUI arrest.
Field sobriety tests are a series of tests commonly conducted by a law enforcement officer during a DUI investigation to determine whether a driver is intoxicated or impaired. If, after being stopped by the police and suspected of DUI, you fail one or more field sobriety tests, the officer may use the failed tests as probable cause to arrest you for drunk driving. The three most common field sobriety tests used during San Diego DUI investigations are the one-leg stand, the walk-and-turn, and the horizontal gaze nystagmus tests.
If you are pulled over by the police or stopped at a DUI checkpoint and the officer has reason to believe you may be under the influence of alcohol or drugs, he or she will begin a DUI investigation to determine your level of intoxication, if any. During the investigation, the officer may ask you questions about your drinking or drug use, ask you to take a breathalyzer test, observe you for physical symptoms of intoxication, or ask you to perform a series of field sobriety tests.
In addition to reckless or unsafe driving patterns, a police officer may consider the following indications of DUI: slurred speech; a smell of alcohol; the presence of any visible alcohol containers, drugs or drug paraphernalia in the car; red, bloodshot or watery eyes; difficulty understanding questions; or fumbling with your license or registration.
If you are successful in getting your DUI expunged, the court will set aside your guilty verdict (or guilty plea) and dismiss the case, which means you would not be required to disclose the DUI conviction. In fact, you could honestly and legally say that you have not been convicted of a crime if you have your DUI expunged. However, the expunged DUI will still count as a prior offense if you are charged with a subsequent DUI within 10 years.
Expungement is the legal process by which the court “sets aside” a criminal conviction. You are only eligible for expungement in California if your DUI was for a misdemeanor, you completed probation, you are not currently facing any other criminal charges, and your sentence did not include a state prison sentence (as opposed to county jail).
Although California’s new “ban the box” law prohibits employers from asking job applicants about their criminal history until a conditional offer of employment has been made, having a DUI on your criminal record can still adversely affect your future job opportunities. Any DUI convictions you have will still show up on a criminal background check, which is visible to a potential employer. However, if you get your DUI expunged, the conviction is no longer part of your criminal record and you can apply for employment with a clean record.
In the state of California, DUIs are “priorable” offenses, which means a DUI arrest occurring within ten years of a prior drunk driving conviction is considered a subsequent offense. The criminal punishment associated with a DUI increases with each conviction that takes place during a ten-year period. If you have a prior DUI conviction and you have been arrested for a subsequent DUI in San Diego, hiring a knowledgeable and aggressive DUI defense attorney can help you avoid facing enhanced DUI penalties.
In California, a DUI stays on your driving record for 10 years and stays on your criminal record permanently.
If you were driving under the influence of alcohol or drugs, and you either neglected a legal duty or broke another law other than DUI, and someone other than yourself was injured as a result, you could be charged with DUI causing injury under Vehicle Code § 23153 VC. DUI with injury is a “wobbler,” which means the offense can be charged as either a misdemeanor or felony offense, depending on the specific facts of the case.
California DUI law makes it a crime to 1) drive under the influence of alcohol (Vehicle Code § 23152 (a) VC), and 2) drive with a BAC of 0.08% (Vehicle Code § 23152 (b) VC), which may seem like two different ways to describe the same crime. However, these are actually two separate crimes that can arise from the same act, and so individuals arrested for DUI in San Diego will typically be charged with two violations of Vehicle Code § 23152 VC.
California law protects you from incriminating yourself. If a police officer pulls you over and asks if you have been drinking, and you have, you don’t have to admit it. However, you don’t want to lie to the police either. Your best course of action is to say that you want to speak to an attorney before answering any questions from the police.
Anyone can be arrested for DUI in San Diego, even if the driver was originally stopped by the police for a reason other than DUI.
Under California law, driving under the influence (DUI) is the crime of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of alcohol or drugs that impair your ability to drive.