Best Drunk Driving Lawyers in San Luis Obispo

About Drunk Driving Law in San Luis Obispo, United States

Drunk driving in San Luis Obispo is governed by California state law and enforced locally by city police departments, the San Luis Obispo County Sheriff, and the California Highway Patrol. California makes it illegal to drive while impaired by alcohol or drugs, or with a blood alcohol concentration - BAC - at or above certain statutory limits. A DUI can be charged as a misdemeanor or a felony depending on the circumstances - for example if the incident caused injury or death, or if the driver has multiple prior DUI convictions. An arrest for DUI typically triggers two parallel processes - a criminal prosecution in court, and an administrative action at the California Department of Motor Vehicles - DMV - that can suspend or restrict your driving privileges.

Why You May Need a Lawyer

You should consider hiring a lawyer if you are arrested, cited, or otherwise involved in a drunk driving investigation. Common situations where legal help is important include:

- You were arrested after a traffic stop or checkpoint and face criminal charges.

- You refused or submitted to chemical testing and the DMV is seeking to suspend your license.

- Your BAC test result was high, or you have prior DUI convictions.

- The stop or arrest involved an accident, injury, or fatality - these facts can elevate charges to a felony.

- You are a commercial driver, or you hold a professional license that could be affected by a DUI.

- You are not a U.S. citizen and worry about immigration consequences from a conviction.

A qualified DUI attorney can evaluate the stop and arrest, challenge evidence, represent you in criminal court, represent you at the DMV administrative hearing, negotiate plea agreements when appropriate, and advise on license restoration options and treatment programs.

Local Laws Overview

Key legal points to understand about drunk driving in San Luis Obispo and California generally:

- Legal BAC limits - For drivers 21 and older the per se legal limit is 0.08% BAC. Commercial drivers are held to a lower limit - 0.04% BAC. California enforces a zero-tolerance approach for drivers under 21 - measurable alcohol can result in penalties.

- Impairment by drugs - DUI law covers impairment by alcohol, illegal drugs, prescription medication, and combinations of substances.

- Implied consent and chemical testing - When lawfully arrested for DUI, drivers are subject to California's implied consent rules - refusal to submit to certain chemical tests can lead to administrative license sanctions by the DMV and can be used against you in court.

- Administrative license actions - The DMV can impose an immediate administrative suspension or restriction separate from criminal penalties. You generally must request a DMV hearing within 10 calendar days of the arrest to contest the suspension.

- Penalties - Penalties vary based on prior offenses, BAC, and harm caused. Typical penalties for a first-time misdemeanor DUI can include fines, probation, DUI education or treatment programs, community service, temporary license suspension, and possible jail time. More serious facts can lead to longer jail terms, larger fines, mandatory ignition interlock devices, and felony charges.

- Local enforcement - San Luis Obispo area law enforcement conducts DUI patrols and sobriety checkpoints. Checkpoints are permitted when planned and publicized in advance and when they meet constitutional guidelines.

Frequently Asked Questions

What is the legal blood alcohol concentration - BAC - limit in California?

For drivers 21 and older the legal per se BAC limit is 0.08 percent. Commercial drivers are held to a lower limit - 0.04 percent. Drivers under 21 are subject to California's zero-tolerance policy - any measurable alcohol can result in penalties.

What should I do if I am stopped on suspicion of drunk driving?

Stay calm and be polite. You must provide driver license, registration, and proof of insurance when requested. You may decline to answer incriminating questions beyond basic identification - you have the right to remain silent. Field sobriety tests are generally voluntary - but refusing them can still lead to an arrest. If you are arrested, you will be asked to submit to chemical testing - refusal can carry administrative consequences at the DMV.

Can I refuse a breath or blood test?

You have the right to refuse voluntary tests before an arrest. However, once you are lawfully arrested for DUI, California's implied consent law applies - refusal to submit to a chemical test requested by an officer can trigger an automatic administrative license suspension by the DMV. Refusal can also be used as evidence in criminal court. If an officer obtains a warrant for a blood test, refusal may not prevent the test.

What is the difference between the DMV administrative process and the criminal case?

The DMV handles administrative per se actions that can suspend or restrict your driving privileges independently of the criminal case. You must request an administrative hearing - typically within 10 calendar days of arrest - to contest that suspension. The criminal case proceeds in county court and addresses fines, jail or prison time, probation, DUI programs, and other criminal penalties. Both processes are separate and require attention.

How long do DUI convictions stay on my record?

A DUI conviction can appear on your driving record and criminal record. California retains certain records for many years - and a DUI can affect insurance rates, employment opportunities, and professional licensing. Expungement may be available for some convictions after completion of sentence and probation, but expungement does not necessarily erase DMV records. Consult an attorney for options specific to your situation.

Can a DUI be charged as a felony in San Luis Obispo?

Yes. A DUI can be charged as a felony if aggravating factors are present - for example causing injury or death, having multiple prior DUI convictions, or having prior felony DUI convictions. Felony DUI carries more severe penalties including longer prison terms, higher fines, and extended license consequences.

Will a DUI arrest affect my immigration status?

A DUI can have serious immigration implications, especially if the offense includes an admission of intent to commit a crime, a plea to a felony, or an offense involving moral turpitude in certain contexts. Non-citizens should consult an immigration attorney promptly in addition to a criminal defense attorney to assess risks and options.

Can chemical test results be challenged?

Yes. Breathalyzer and blood test results can be challenged on multiple grounds - improper testing procedure, poorly maintained equipment, calibration issues, chain of custody problems, or inaccurate administration. A skilled attorney will review police reports, officer training records, and lab documentation to find possible weaknesses in the evidence.

How much does a DUI lawyer cost?

Attorney fees vary by the lawyer's experience, the complexity of the case, and the stage of representation. Simple first-offense cases typically cost less than complex felony cases or cases involving serious injury. Some attorneys offer payment plans or limited-scope services such as DMV hearing representation only. Ask potential lawyers about fee structure, what is included, and whether there are additional costs for expert witnesses or private lab testing.

What can I do immediately after an arrest to protect my rights?

Important steps include: request a DMV hearing within the 10-calendar-day deadline if you want to contest an administrative suspension; do not destroy evidence or delete messages related to the incident; write down everything you remember while it is fresh; collect contact information for witnesses; and contact an experienced DUI attorney as soon as possible to preserve defenses and guide next steps.

Additional Resources

Helpful agencies and organizations to contact or research for more information or support:

- California Department of Motor Vehicles - DMV - for administrative license procedures and hearings.

- San Luis Obispo County Superior Court - for local court procedures and calendars.

- San Luis Obispo Police Department, San Luis Obispo County Sheriff, and California Highway Patrol - for information on local enforcement and investigatory procedures.

- County public defender or local criminal defense bar associations - for referral to qualified DUI attorneys if you cannot afford private counsel.

- Mothers Against Drunk Driving - MADD - for victim support, prevention information, and victim impact resources.

- Local DUI treatment and education providers - for evaluation and required education classes that courts or the DMV may order.

- Alcoholics Anonymous and other support groups - for addiction support if substance misuse is a factor.

Next Steps

If you face a DUI arrest in San Luis Obispo, consider the following practical next steps:

- Act fast on the DMV deadline - request an administrative hearing within 10 calendar days of your arrest if you want to challenge a license suspension.

- Contact an experienced local DUI attorney immediately - early involvement can preserve evidence, obtain discovery, and develop defenses for both the criminal case and the DMV hearing.

- Gather and preserve information - write a timeline of events, gather witness names and contact information, and keep copies of all documents you receive from law enforcement or the court.

- Avoid talking about the case publicly or on social media - statements can be used against you.

- Attend to personal needs - if you rely on driving for work, ask your attorney about temporary driving alternatives and possible restricted licenses. If substance misuse is a concern, start treatment voluntarily - courts often view voluntary treatment favorably.

- Prepare for possible outcomes - discuss plea options, diversion programs, and mitigation strategies with your lawyer. Explore options for restoring driving privileges if suspended, including ignition interlock devices or restricted licenses if eligible.

Every case is different. For specific legal advice tailored to your facts contact a qualified DUI attorney in San Luis Obispo as soon as possible.