san diego dui defense attorneys

San Diego Drunk Driving Lawyer · DUI Defense Attorney

If you have questions or objections regarding your San Diego DUI arrest and/or the Drunk Driving charges you're facing, this website provides you with invaluable information for successfully managing and contesting your case.

This DUI support site is a comprehensive defense resource provided by San Diego DUI Lawyer G. Cole Casey, a nationally renowned and highly accomplished attorney who dedicates his entire law practice and profession exclusively to the defense of Drunk and Drugged Driving related charges such as Vehicular Manslaughter, Vehicular Homicide, Prior Felony DUI, Multiple DUIs (second, third, fourth, and subsequent DWI offenses), Zero Tolerance Under Age 21 DUI, Pilots DUI & FAA, Boating DUI (BUI), Military & Enlisted DWI, Federal Drunk Driving & related Impaired Driving cases.

Previous DUI Victories

Attorney Cole Casey's DUI case results, Jury Trial victories, and DMV Hearing outcomes are unprecedented in the San Diego region. He is highly esteemed by his peers, local judges, and members of law enforcement who often seek his expertise and superior counsel when faced with DUI related charges of their own. This outstanding reputation among colleagues and District Attorneys often leads to favorable resolutions and preliminary case dismissals.

Cole Casey's scientific and technical expertise regarding DUI, combined with his aggressive and skilled trial performances, have earned him distinctive prominence as an acclaimed and heavy-hitting Trial Attorney. He is frequently interviewed as a DUI expert by various television stations, newspapers, and related media sources, and lectures across the country on the topic of Drunk Driving Defense.

The San Diego DUI Lawyer Center's aggressive approach to defending drunk driving and highly skilled and knowledgeable expertise has enabled us to win cases based on technicalities, intricate laws, procedural weaknesses, and mistakes made by arresting officers, lab technicians, government personnel, and prosecutors.

Just some of the weaknesses we've exposed and exploited to win previous DUI cases include, but are not limited to: illegal traffic stops, lack of probable cause, violation of mandatory 15 minute observation period prior to breath test administration, a rising blood alcohol level, diabetic and other medical conditions causing false or unreliable breathalyzer results, improper administration of field sobriety tests, the partition ratio defense, contaminated breath alcohol tests by radio frequency interference, and more.

Please click the following link for more detailed information on potential strategies to beat DUI in California or easily contact us receive to a free DWI consultation and confidentially discuss your options. Our phone number is 619.237.0384 and we are available 24 hours per day, 7 days per week to assist you.

Keeping Your California Drivers License after DUI

1. Hire an experienced and DUI dedicated attorney. Veteran DUI Defense Attorney Cole Casey has been devoting his career solely to the defense of Driving Under the Influence since 1998. He is the California State Delegate to the prestigious National College of DUI Defense, and the Head Delegate overseeing the 49 other designated NCDD State Delegates to this elite and authoritative Institution of Drunk Driving Defense. General criminal lawyers are not experienced in the intricate science and technical aspects of Drunk Driving equipment, breath alcohol tests, and related statutes. Our Law Office employs a full time DMV Specialist dedicated completely to the retention and restoration of our clients' licenses.

2. Take action to protect and retain your driving privileges. You, or your Attorney, must contact the DMV within 10 days of your DUI arrest to request a Hearing and prevent automatic suspension of your driver's license. Once retained, our highly trained legal staff will administer this procedure on your behalf.

3. Decline to discuss your DUI case with anyone but your attorney. It is possible that conversing and disclosing detail regarding your arrest can contrive damaging testimony from persons who may later become witnesses for the prosecution.

San Diego Law Firm Devoted Exclusively to DUI Defense

San Diego DUI Attorney G. Cole Casey is dedicated exclusively to the defense of California Drunk Driving Defense. His expertise and success often defeats the prosecution in seemingly airtight cases against his clients such as vehicular manslaughter, vehicular homicide, hit and run drunk driving, minor zero tolerance DUI, DUI with priors, Boating Under the Influence, and DWI with accidents and enhancements, as indicated in a brief sampling of recent DUI Case victories.

Cole Casey has earned a nationwide reputation as a highly skilled DUI only Trial Attorney. Our Law Firm's Jury Trials are significantly expensive for the government to prosecute, and we are scheduled months in advance due to our reputation.

San Diego DUI Lawyer Center, under the direction of California DUI Defense Attorney G. Cole Casey, is a full service professional law firm exclusively dedicated to defending Drunk Driving and DUI related crimes ONLY.

We provide expert legal representation for persons arrested throughout San Diego County on DUI related charges including vehicular homicide, manslaughter, felony DUI, wet reckless, multiple DUI offenses and Minor Under Age 21 Zero Tolerance cases, as well misdemeanor drunk and drugged driving offenses. We aggressively defend our clients in both Criminal Court proceedings and the California DMV Hearings triggered by DUI arrest.

Fighting & Winning San Diego DUI Charges for 14 Years

Established as a DUI dedicated law firm in 1998, we have aggressively fought and won numerous DUI Jury Trials in San Diego County courts and are well known and respected advocates of DUI defendants' rights. Many of our clients have asked local judges and prosecutors who THEY would hire if charged with Driving Under the Influence, and retained our law firm as a result.

What We Do as Your DUI Attorney & Defense Firm:

1. Provide you with a free consultation and case evaluation. We pay close attention to all details leading up to and resulting in your DUI arrest, including administration of field sobriety tests, adherence to proper procedure and disclosure by police, chemical testing methods and processes, blood and breath specimen handling and storage specifics, statements made to police or admissions to drinking, equipment usage and administration, as well as other factors that could influence your case.

2. We go to work on saving your driving privileges by requesting a DMV Hearing to contest the automatic suspension of your drivers license. At this hearing we cross examine witnesses including the arresting police officer, contest evidence against you, and exploit any errors or procedural deviations in the documentation and handling of your DUI arrest.

3.Once retained as the Attorney and Law Firm to represent your DUI case, we immediately go to work on your defense. We obtain copies of police reports and other documents concerning your arrest and DUI charges, poring over every detail with an eye for discrepancies, improper procedure, conflicting statements, and other criteria that can weaken the District Attorney's case against you.

4. We will visit the scene of your arrest and surveil for evidence and potentially impactful circumstances relevant to your situation.

The formula for success is to thoroughly investigate all aspects of your case, including samples, maintenance of testing equipment, credentials of operators and administrators, the scene of your arrest, and all possible factors that could influence the outcome of your case.

You really ARE INNOCENT unless PROVEN guilty

You are innocent unless proven guilty beyond a reasonable doubt. Your DUI attorney should consider the evidence or circumstances surrounding your case warrants a willingness to go to trial, if necessary.

An attorney who is well known for fighting a DUI charge when a case is "beatable" via a Jury Trial is much more likely to be offered attractive plea bargain offers from the District Attorney's office.

It is a known criminal defense fact that attorneys who rarely or never try cases are without much option or recourse in the event they are unsatisfied with the Prosecutor's offer. An attorney who is skilled in courtroom battles always has the upper hand - in and out of the courtroom when it comes to negotiating on your behalf.

G. Cole Casey is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.

Attorney Casey (a DUI-Only Lawyer) has devoted 14 years of practicing law exclusively to defending DUI cases. In addition to being an author on the topic of DUI, he is frequently called as a legal analyst and DWI defense expert on DUI matters for national and local news shows. He is a sustaining member of the National College for DUI Defense and a graduate of nine DUI defense specialist sessions held annually at Harvard University.

Call our San Diego DUI Defense Firm twenty-four hours a day at 619.237.0384 or send an email now to discuss an aggressive and legitimate defense strategy for your DUI case.

Helpful Info for Lawyers & DUI Defendants

defending alleged chemical test refusals

  • Grounds for "Chemical Test Refusal" Penalty Enhancement validity must include a "lawful" DUI arrest, as well as proper "admonishment", or "cautionary warning" that advises the arrestee of increased criminal & administrative license suspension and/or revocation sanctions imposed for BAC Test Refusal.
  • Per DMV Hearing: Officer's Sworn Statement, or Form DS-367, MUST Include:1) Licensee's Identity, 2) Officer's Statement of Ground to Believe DUI, 3) Any & all related BAC Test Results, 4) Supporting criteria of "Chemical Test Refusal" or "Incomplete Submission", if applicable, 5) a copy of "Notice to Appear" provided to licensee, and 6) a copy of their police report, 7) by the end of the fifth business day from the date of arrest.

object to admission of police report at dmv hearing

  • DS-367 is not signed, eliminating the required "sworn statement".
  • DS-367 lacks any statement of Probable Cause (note that an unsworn officer statement may be embodied into the DS-367 form).
  • DS-367 was submitted latently, after the 5th business day following arrest.

chemical test refusal hearings

DMV BURDEN OF PROOF:
  • The police officer had "reasonable cause" to suspect the presence of alcohol while driving; a BAC of .01% plus for minors, .08% & up for adult drivers with no prior DUIs, or a BAC of .04% & up for Commercial Drivers.
  • The suspect was placed under lawful arrest (adult drivers) or lawful detainment (minors).
  • Suspect was advised of Driver's License Suspension and/or Revocation resulting from Test Refusal.
  • Suspect refused or failed to complete BAC Tests when ordered to submit by a police officer.
dmv defense lawyer tip

any omission in the officer's statement to the DMV (DS-367) should be argued by the defense attorney as a "material omission" constituting "noncompliance" with CVC §13380, and therefore nonsubmissible and insufficient evidence to suspend or revoke licensee's driving privileges.

felony dui facts: san diego

  • Three "Priorable" DUI convictions within automatically elevate 4th DUI conviction to a Felony Offense Under California Vehicle Code §23550.
  • A California DUI charge may be elevated to a felony if a previous §23152 or §23153 case was "punished as a felony" within a ten year period. *Note: When an offense is punished as a felony, it therefore IS a felony, even if initially charged as a Wobbler (a crime bordering between a misdemeanor and felony classification, prosecutable as either at the discretion of the D.A.).
  • §23153(d): Driving while Intoxicated or Drugged, or driving while impaired by a combination of alcohol & drugs, that inflicts great bodily injury (GBI) or death to another on a highway or non-highway.
  • §23153(b): Causing a fatality or GBI (Great Bodily Injury) to another while driving with a BAC of .08% or above.
  • §23153(d): Causing bodily injury or death to another, by neglect or act, while driving a Commercial Vehicle with a BAC of .04% & above.

what is dui restitution?

  • DUI cases involving accidents causing serious injuries to a victim often involve criminal and/or civil court orders to compensate innocent parties, legally referred to as "restitution".
  • DUI with Injury cases that result in a conviction often involve separate "victim damages" hearings held before a judge.
  • The nature of DUI Restitution hearings are considered "quasi-civil", although typically heard in criminal court as an extension of the DUI Jury Trial and/or standard hearing proceedings.
  • In DUI cases involving serious injury accidents, plaintiffs often file suit in civil court prior to closure of criminal court proceedings.
  • California DUI Restitution Hearings, often mini-trials based on damages and liability, often include written documents, & statements, affidavits, witness testimonials on behalf of both parties, doctors and medical professionals, certified accountants, expert witnesses, forensic professionals, lawyers, rehabilitative and occupational therapists, as well as psychologists, and victim advocates.

will filing bankruptcy discharge my dui fines?

  • In California, DUI criminal court ordered fines do qualify for discharge under Chapter 13 Bankruptcy Laws.
  • Court ordered restitution to victims injured by the DUI crime of another are NOT eligible for discharge in Bankruptcy proceedings.
  • Until 1990, court ordered DUI restitution was eligible for bankruptcy discharge, until critics successfully argued Chapter 13 was subject to abuse and a "Haven for Criminals".
  • When a DUI defendant's insurance carrier has compensated an injured victim monetarily, the amount paid by the insurance company to the DUI victim should be deducted from the total restitution due & imposed on defendant as punishment, and or terms of probation, by the sentencing and/or plea agreement.