Hi, I’m Marc Kohnen, San Diego’s premier criminal defense attorney. Since 2008, I’ve dedicated my career to helping individuals fight criminal charges, including DUI cases, and protecting their rights in the courtroom. My cases have been featured on national platforms like CNN, MSNBC, and TMZ, and I’ve earned a reputation for securing NOT GUILTY verdicts in even the toughest cases. DUI charges can feel overwhelming, but with the right defense strategies, you don’t have to go through it alone.
In this article, I’ll walk you through how we approach DUI defense and what options you have when facing a DUI charge in San Diego.
If you’ve been charged with a DUI in San Diego, you might be feeling a mix of fear and uncertainty. You’re not alone in this; many people face DUI charges every year, and these charges can come with serious consequences, including hefty fines, jail time, and the loss of your driver’s license.
In California, a DUI (Driving Under the Influence) charge typically involves operating a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. However, it’s not just alcohol that can land you with a DUI. Driving under the influence of drugs—whether prescription, over-the-counter, or illegal—can also result in a DUI charge. The bottom line? If law enforcement believes you’re impaired while driving, they can charge you with DUI.
DUI charges carry severe penalties in California. A first offense can result in up to six months in jail, fines up to $1,000 (not including court fees), mandatory DUI classes, and a potential suspension of your driver’s license for up to six months. Repeat offenses only increase the severity of these penalties. That’s why having an experienced DUI defense attorney on your side is crucial.
In my years of practice, I’ve seen many DUI cases unfold. What you might not know is that DUI charges aren’t as clear-cut as they seem. There are several ways to challenge the evidence, and I’ll explain a few key strategies that have been effective in San Diego courtrooms.
Law enforcement often relies on field sobriety tests (FSTs) to determine impairment. However, these tests are far from perfect.
Field sobriety tests are often subjective. Factors like uneven pavement, weather conditions, or even the stress of being stopped can lead to poor performance—even if you’re completely sober. By closely examining the circumstances under which the tests were administered, I can challenge the validity of the results in court.
In some cases, the officer administering the test may not have followed proper procedures. If there are inconsistencies in the way your field sobriety test was conducted, it could be grounds to have the test results thrown out.
Breathalyzers are another common tool law enforcement uses to measure BAC, but these devices aren’t foolproof.
Breathalyzers must be properly calibrated and maintained to provide accurate readings. If the device used during your arrest wasn’t up to standard, I can argue that the results are unreliable, giving us room to question the validity of your charge.
Certain medical conditions—like acid reflux—or even recent mouthwash use can throw off breathalyzer results. By bringing these possibilities to light, we can challenge whether the test results truly reflected your BAC at the time.
Another powerful defense strategy is to question whether the officer had a legal reason to stop you in the first place.
In order to pull you over, a police officer must have probable cause, such as witnessing erratic driving or a traffic violation. If the stop was made without a legitimate reason, I can file a motion to suppress the evidence, potentially leading to the dismissal of your DUI case.
You have rights during any traffic stop or arrest, including the right to remain silent and the right to legal representation. If these rights were violated during your DUI stop, that could be another key defense point. Officers are required to follow strict procedures, and if they fail to do so, we can use that to your advantage.
Evidence is key in fighting a DUI charge. As your defense attorney, I’ll gather and examine all available evidence to build a strong case for you.
Dashcam or bodycam footage can provide critical insight into the events leading up to your arrest. I’ll review every second of footage to identify any procedural errors or evidence that could be used in your defense. Police reports also offer detailed accounts of the arrest, and I’ll scrutinize those as well for inconsistencies.
If there were any witnesses—whether they were passengers in your car or bystanders who saw the arrest—their testimonies can help provide a fuller picture of what really happened.
One of the most important aspects of fighting a DUI charge is knowing your legal rights during the arrest process.
You are not obligated to answer any questions beyond providing your basic information (like name and driver’s license) during a DUI stop. Remember, anything you say can be used against you in court, so it’s always a good idea to remain silent until you’ve consulted with a lawyer.
You have the right to an attorney from the moment you’re arrested. Don’t hesitate to use that right—having an experienced criminal defense attorney by your side can make all the difference in how your case plays out.
I’ve been handling DUI cases in San Diego for over a decade, and I know the ins and outs of California DUI laws. Here’s how I can help:
San Diego courts have their own way of handling DUI cases. I’ve spent years building relationships with local judges, prosecutors, and law enforcement, which can be crucial in negotiating better outcomes for my clients.
In some cases, a full trial may not be the best option. I’ll work with you to explore all possible outcomes, including plea deals or diversion programs that could minimize the penalties and keep your record clean.
The actions you take right after your DUI arrest can significantly impact the outcome of your case.
The sooner you call me, the better. Early intervention can help preserve critical evidence, such as dashcam footage, that may support your defense. It also gives us more time to prepare a robust case before your court date.
If you remember specific details from your traffic stop or arrest, write them down as soon as possible. Even seemingly small details can make a big difference in your case.
There are several ways I can help you avoid a DUI conviction or lessen the penalties you face.
In some cases, I can negotiate a plea deal that reduces your charges to a lesser offense, such as reckless driving. This can help you avoid some of the harsher penalties that come with a DUI conviction.
For first-time offenders, a diversion program might be an option. Completing a program can sometimes prevent the DUI charge from going on your record, allowing you to move on without the long-term consequences of a conviction.
A DUI charge doesn’t have to define your future. With the right defense, you can challenge the evidence, protect your rights, and potentially avoid a conviction.
As a criminal attorney in San Diego, my experience and knowledge of the San Diego legal system give you the best chance at a successful outcome. If you’re facing a DUI charge, don’t wait—call me now to start building your defense.
Call us now to schedule a consultation with a criminal defense attorney in San Diego. 24-hour assistance:
(619) 398-2500 or contact us online