Criminal Charges

ARRESTED FOR DUI – WHAT ARE MY CHARGES? 

 

INDISPENSABLE INFORMATION: If you have been placed under arrest for DUI in San Diego county, this website will give you accurate information as to what you are facing. That being said, this website does not create an attorney-client relationship nor does it constitute legal advice. It is simply legal information that may or may not apply to you. This is a disclaimer that we, as attorneys, are required to give in any public communication but it serves an important purpose: these websites are not to be construed as a “do-it-yourself” website. The information is simply preliminary and if you have been arrested, it is always good advice to contact a knowledgeable San Diego DUI lawyer who can give you a free consultation as to what you are facing — as well as what you’re NOT facing. Good lawyers will not terrify you into hiring them quickly. Nor will they provide you an indication as to what will happen in your case (likely outcomes, etc.). The best lawyers always know that every case is different and you simply cannot diagnose a particular case until all the evidence has been obtained and an independent investigation of the facts has concluded.

There are many potential DUI and alcohol related charges that a defendant may find themselves facing. Most of these charges are accusations that a person has violated one of the many statutes in the Vehicle Code.

 The most common charge people find themselves facing is the misdemeanor DUI statute: Vehicle Code §23152. This is a misdemeanor statute that will be prosecuted in the criminal courts. (*Many times you will see the symbol “ § “ — this is only a fancy shorthand version of the word “section” — for example, §23152 means the same thing as Section 23152.)

People are often confused by the fact that when you are arrested for DUI, you are actually charged with two counts. These are commonly referred to as the “A-Count” and the “B-Count.” It’s also the reason why many cops and lawyers refer to DUI’s as a “deuce” or “picking up a deuce.” It simply refers to the 2-charge allegation that comes with both the misdemeanor DUI and the felony DUI.

AM I BEING CHARGED WITH A FELONY? 

 

Don’t panic. The felony DUI requires injury to a third party. If you are involved in an accident and you are the only person injured, this does not constitute a felony. However, even if your passenger has no intention on pressing charges, you will be charged with a felony if you are arrested for DUI and the passenger is injured. If there has been no accident, you are most likely facing a misdemeanor.

Listed below are a number of statutes common to vehicular crimes. The list is not exhaustive; it only reflects the common criminal charges. Click on any to go to the description of that charge. Or, utilize the drop-down menu at the top of this page. 

Misdemeanor DUI = Vehicle Code §23152(a) and (b)

Felony DUI = Vehicle Code §23153(a) and (b)

DUI Probation Violation (Zer0-Tolerance) = Vehicle Code §23154

Under-21 Zero-Tolerance Law = Vehicle Code §23136

Under-21 “Baby Deuce” – Driving with a BAC of 0.05% or greater = Vehicle Code §23140

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