# Defending Rights Law Center
# San Diego DUI Defense Attorney — Fighting for Dismissals

> Joshua J. Price is a San Diego DUI defense attorney who has defended 2,000+ DUI cases since 2009. Former President of the California DUI Lawyers Association, he personally handles every case from start to finish — no delegation to associates. Named Avvo Client's Choice, Super Lawyers Rising Star, and NAFLA Top 10 DUI Attorney. Free consultation: (858) 289-2624.

## Site Information
- Name: Defending Rights Law Center
- URL: https://notguiltyduisandiego.com
- Location: 4025 Camino Del Rio South, Suite 300, San Diego, CA 92108
- Practice: DUI Defense
- Attorney: Joshua J. Price
- Cases Defended: 2,000+
- Phone: (858) 289-2624

## Contact Information

- **Phone:** (858) 289-2624
- **Website:** https://notguiltyduisandiego.com
- **Location:** 4025 Camino Del Rio South, Suite 300, San Diego, CA 92108

## Practice Areas

- DUI Defense
- DMV Hearings
- Felony DUI
- DUI with Accident
- Marijuana DUI
- Prescription Drug DUI
- Underage DUI
- Military DUI Diversion
- DUI Probation Violations

## Service Areas

- San Diego
- Chula Vista
- El Cajon
- Vista
- Escondido
- Imperial Beach

## Key Pages

- /contact - Contact form and office information
- /reviews - Client testimonials and reviews
- /case-results - Notable case outcomes
- /blog - DUI law articles and updates
- /dui-defense-services - Overview of defense services
- /san-diego-courthouses - Local courthouse information
- /out-of-state-dui - Guide for out-of-state drivers facing California DUI charges
- /san-diego-dui-penalties - Comprehensive guide to DUI penalties in San Diego
- /dmv-lawyer-san-diego - DMV hearing information and the critical 10-day deadline
- /field-sobriety-tests - Guide to field sobriety tests and how they affect DUI cases
- /dui-court-process - What to expect during the San Diego DUI court process
- /felony-dui-or-dui-with-an-accident - Felony DUI defense and DUI with injury cases
- /drugs-and-dui - Drug DUI defense including marijuana, prescription, and controlled substances
- /dui-probation-violation - Understanding DUI probation violations and consequences
- /dui-alcohol-test-refusal - Consequences and defense for refusing breath or blood tests
- /multiple-dui-convictions - Defense for second, third, and subsequent DUI charges
- /stops-and-checkpoints - Your rights during DUI stops and checkpoint encounters
- /commercial-license-and-endorsement - DUI consequences for CDL holders and commercial drivers
- /first-time-dui - First-time DUI guide: penalties, defenses, and what to expect
- /diversion-san-diego - California judicial diversion for DUI: eligibility and how it works
- /san-diego-dui-checkpoints - Announced San Diego DUI checkpoints and your rights at them
- /what-a-dui-costs-san-diego - The real cost of a San Diego DUI, line by line
- /oral-fluid-testing - Roadside saliva swab (oral fluid) testing in California
- /e-scooter-dui - E-scooter DUI charges in San Diego

## Location Pages (by courthouse division)

The homepage includes a court-division directory ("Where in San Diego County were you arrested?") routing visitors to location pages:

- /escondido-dui - Escondido DUI defense (North County Division, Vista courthouse)
- /vista-dui - Vista DUI defense (North County Division — courthouse is in Vista)
- /el-cajon-dui - El Cajon DUI defense (East County Division, El Cajon courthouse)
- /chula-vista-dui - Chula Vista DUI defense (South County Division, Chula Vista courthouse)
- /san-diego-courthouses - Guide to San Diego County courthouses

## Featured Article: Commercial License and DUI

**URL:** /commercial-license-and-endorsement

Understanding DUI consequences for commercial drivers in California:

### Lower BAC Limit for CDL Holders
- **Standard drivers:** 0.08% BAC limit
- **Commercial drivers (while operating commercial vehicle):** **0.04% BAC limit**
- This stricter standard applies whenever operating a commercial vehicle

### CDL Classification
Commercial Driver's Licenses are Class A or B licenses, meaning driving offenses carry **much more serious consequences** due to the classification.

### DUI Consequences for CDL Holders

**First DUI Conviction:**
- **1-year CDL disqualification** - Cannot operate commercial vehicles
- Personal license also suspended
- Loss of employment in trucking/commercial driving industry
- Affects both commercial AND private vehicle privileges

**Second DUI Conviction:**
- **Lifetime CDL disqualification** - Permanently barred from holding a CDL
- Career in commercial driving effectively ended
- No possibility of reinstatement

### Why Stakes Are Higher for Commercial Drivers
- **Career impact** - DUI can end your livelihood
- **Both licenses affected** - Commercial and personal driving privileges suspended
- **Employer notification** - Employers are informed of CDL suspensions
- **Federal regulations** - CDL holders subject to FMCSA rules in addition to state law
- **No restricted license for commercial driving** - Cannot get work permit for CDL

### Critical Defense Needed
Commercial drivers facing DUI need aggressive representation to protect their career and future. Attorney Joshua Price has successfully defended commercial drivers among his 2,000+ DUI cases since 2009.

## Featured Article: DUI Stops and Checkpoints

**URL:** /stops-and-checkpoints

Understanding your rights during DUI stops and checkpoints in California:

### How DUI Stops Are Initiated
Officers may pull you over when observing:
- Traffic violations (speeding, running lights)
- Signs of impaired driving (swerving, erratic speed)
- Equipment violations (broken taillight)

### Your Rights During a DUI Stop
- **Field sobriety tests are VOLUNTARY** - You can decline FSTs before arrest
- **Preliminary breath test (PAS) is voluntary** - Roadside breathalyzer before arrest can be refused
- **You must provide license and registration**
- **You can remain silent** - Beyond identifying yourself
- **After arrest, chemical test is REQUIRED** - Implied consent law applies

### DUI Checkpoint Requirements
For a checkpoint to be legal in California, it must have:
- **Public notification** - Advance notice of time and location
- **Neutral vehicle selection** - Non-discriminatory pattern (every 3rd car, etc.)
- **Proper safety measures** - Adequate lighting, signage, trained officers
- **Supervising officer on-site** - Must oversee operations
- **Reasonable detention time** - Cannot hold drivers excessively

### Your Rights at Checkpoints
- You may **decline to answer questions** about drinking
- You may **refuse field sobriety tests** (before arrest)
- You may **request an attorney**
- You may **politely decline searches** of your vehicle

### What to Do If Arrested
1. **Remain calm** - Do not resist
2. **Exercise your right to silence** - Don't answer questions without an attorney
3. **Document everything** - Note details as soon as possible
4. **Contact a DUI attorney immediately** - Remember the 10-day DMV deadline

## Featured Article: Multiple DUI Convictions

**URL:** /multiple-dui-convictions

Understanding repeat DUI charges in California:

### The 10-Year Lookback Period
California uses a **10-year window** to count prior DUI convictions. Any DUI within 10 years of a new offense counts as a prior, increasing penalties significantly.

### Escalating Penalties for Repeat Offenses

**Second DUI (within 10 years):**
- 96 hours to 1 year in county jail
- $390-$1,000 fines (plus assessments totaling ~$2,500)
- 2-year license suspension
- 18-30 months DUI school
- 3-5 years probation
- Possible IID requirement

**Third DUI (within 10 years):**
- 120 days to 1 year in county jail
- ~$3,000 total fines
- 3-year license revocation
- 30-month DUI school
- Designated as "habitual traffic offender"
- 3-5 years probation

**Fourth+ DUI (within 10 years):**
- **Charged as a FELONY**
- 16 months to 3 years in state prison
- Fines exceeding $1,000
- 4-year license revocation
- Formal probation or parole
- Felony on permanent record

### When Multiple DUIs Become a Felony
- **Four or more DUIs** within 10 years
- **Any DUI causing injury** - Regardless of prior record
- **Prior felony DUI conviction** - Any subsequent DUI is automatically a felony

### Why Experienced Representation is Critical
- Second and third DUI charges are taken very seriously in California courts
- Creative defense strategies can help minimize impact
- Attorney Joshua Price has defended 2,000+ DUI cases including multiple convictions

## Featured Article: DUI Test Refusal

**URL:** /dui-alcohol-test-refusal

Understanding chemical test refusal in California DUI cases:

### California's Implied Consent Law
When you drive in California, you **automatically consent** to chemical testing (breath or blood) if lawfully arrested for DUI. This is called "implied consent."

### What Happens When You Refuse
- **Forced blood draw** - Police may obtain a warrant and force a blood test
- **License revocation** - 1 to 3 years with NO option for restricted license
- **Enhanced penalties** - Refusal can be used against you in court
- **Still prosecuted** - You can be convicted based on other evidence (FSTs, officer observations)

### Refusal Penalties by Offense
| Offense | License Revocation |
|---------|-------------------|
| 1st DUI with refusal | 1 year (no restricted license) |
| 2nd DUI with refusal | 2 years revocation |
| 3rd+ DUI with refusal | 3 years revocation |

### Key Points
- **Pre-arrest vs. post-arrest tests** - You CAN refuse roadside breathalyzer (PAS test) before arrest, but NOT the official chemical test after arrest
- **Refusal makes cases more complicated** - But not impossible to defend
- **Rising issue in California** - More drivers refusing, leading to more forced blood draws
- **Expert guidance critical** - An attorney experienced in refusal cases can help navigate the complexities

## Featured Article: DUI Probation Violation

**URL:** /dui-probation-violation

Understanding DUI probation violations in California:

### DUI Probation Basics
- **Probation typically lasts 3-5 years** after a DUI conviction
- **Zero tolerance while on probation** - BAC limit drops to 0.01% (essentially zero)
- Probation is an alternative to jail time with strict conditions

### Common Probation Violations
- **Driving with any measurable BAC** (0.01% or higher)
- **New DUI arrest** - Even if not convicted
- **Failing to complete DUI school** - Missing classes or not enrolling
- **Driving without a valid license** - Operating while suspended
- **Failing to install IID** - Ignition interlock device requirement
- **Missing court dates or check-ins**
- **Failing to pay fines** - Court-ordered fees and restitution

### Consequences of Violation
- **Immediate arrest** - No warning
- **Revocation of probation** - Original jail sentence may be imposed
- **Additional jail time** - On top of original sentence
- **Extended probation period**
- **New criminal charges** - If violation involves new offense
- **License suspension extended**

### Why Immediate Legal Help is Critical
- Violations have harsh consequences
- Defenses may be available
- The sooner you contact an attorney, the better
- Attorney can negotiate with probation officer and court

## Featured Article: Drugs and DUI (DUID)

**URL:** /drugs-and-dui

Understanding drug-related DUI charges in California:

### What is DUID?
DUI laws apply to **all impairing substances**, not just alcohol:
- **Marijuana** - Legal recreationally but still illegal to drive impaired
- **Prescription drugs** - Even lawfully prescribed medications can result in DUI if they impair driving
- **Over-the-counter medications** - Sleep aids, antihistamines, and other OTC drugs
- **Illegal narcotics** - Cocaine, heroin, methamphetamine, etc.
- **Controlled substances** - Any Schedule I-V drug

### Key Legal Point
**Lawful use is not a defense** - Even if you have a valid prescription or the drug is legal, you can still face DUI charges if it impairs your mental and/or physical abilities to drive.

### DUID Penalties
- County jail or state prison time
- Heavy fines
- Driver's license suspension
- **Additional drug charges possible** - Possession, being under the influence of a controlled substance

### How Drug DUI Differs from Alcohol DUI
- **No legal limit** - Unlike the 0.08% BAC for alcohol, there's no established "legal limit" for most drugs
- **Blood tests required** - Breath tests don't detect drugs; blood or urine testing needed
- **Drug Recognition Experts (DRE)** - Officers specially trained to detect drug impairment may be called
- **More subjective** - Prosecution relies heavily on officer observations and FST performance

## Featured Article: Felony DUI / DUI with an Accident

**URL:** /felony-dui-or-dui-with-an-accident

Understanding felony DUI charges in California:

### What Makes a DUI a Felony?
- **DUI with bodily injury** - Always a felony in California
- **Fourth DUI offense** - Within 10 years becomes a felony
- **Prior felony DUI conviction** - Any subsequent DUI is automatically a felony
- **DUI causing death** - Vehicular manslaughter or murder charges possible

### Felony DUI Consequences
- **Mandatory state prison time** (16 months to 10+ years depending on circumstances)
- **Loss of driver's license** (up to 4 years or permanent revocation)
- **Felony on permanent record** - Affects employment, housing, voting rights
- **Restitution to victims** - Must pay for medical bills, property damage
- **Strike on record** - Under California's Three Strikes Law if great bodily injury involved

### Misdemeanor vs. Felony DUI
| Misdemeanor DUI | Felony DUI |
|-----------------|------------|
| County jail (up to 1 year) | State prison (16 months+) |
| Fines up to $1,000 | Fines up to $5,000+ |
| License suspension | License revocation |
| Probation | Formal probation or parole |

### Defense Approach
- **Innocent until proven guilty** - Charge doesn't equal conviction
- Attorney Joshua Price has handled 2,000+ DUI cases
- Former President of California DUI Lawyers Association (CDLA)
- Immediate evidence gathering and defense building

## Featured Article: DUI Court Process

**URL:** /dui-court-process

What to expect during a San Diego DUI case:

### Do I Have to Show Up in Court?
- **In most DUI cases, the client does not need to appear in court**
- The attorney can appear alone on behalf of the defendant
- Attorney negotiates with prosecutors to resolve the case

### The DUI Court Process
1. **Arraignment** - First court appearance where charges are formally read and plea is entered
2. **Pre-Trial Conferences** - Attorney negotiates with prosecution, reviews evidence, files motions
3. **Motions Hearing** - Challenge evidence, suppress illegal searches, question procedures
4. **Trial** - If case cannot be settled through negotiations, attorney advocates in court
5. **Sentencing** - If convicted, penalties are determined based on circumstances

### Two Separate Proceedings
- **Criminal Court** - Handles the DUI charges, potential jail time, fines, probation
- **DMV Administrative Hearing** - Separate proceeding that determines license suspension (10-day deadline to request)

### Defense Strategy
- Gather information about arrest details
- Question what happened at the traffic stop
- Challenge field sobriety test administration
- Review breath/blood test procedures
- Explain all defense options available

## Featured Article: Field Sobriety Tests

**URL:** /field-sobriety-tests

Understanding field sobriety tests (FSTs) in California DUI cases:

### What Are Field Sobriety Tests?
Tests administered roadside after an officer pulls over a driver for suspected DUI. Officers first observe for signs like bloodshot eyes, slurred speech, alcohol odor, and open containers before requesting tests.

### Standardized Field Sobriety Tests (SFSTs)
- **One-Leg Stand** - Balance on one foot while counting
- **Walk and Turn** - Walk heel-to-toe in a straight line, turn, and return
- **Horizontal Gaze Nystagmus (HGN)** - Follow an object with eyes while officer checks for involuntary eye jerking

### Non-Standardized Tests
- **Romberg Test** - Stand with feet together, head back, estimate time passage
- **Finger Count Test** - Touch thumb to fingers while counting
- **Alphabet Recitation** - Say the alphabet without singing
- **Backwards Counting** - Count backwards from a specified number
- **Finger-to-Nose** - Touch fingertip to nose with eyes closed

### Key Legal Points
- **FSTs are less important than blood/breath tests** - But can still significantly impact your case
- **You can be charged based on FST performance alone** - Even if you pass a breath test
- **FSTs are subjective** - Officer interpretation can be challenged
- **Medical conditions, nervousness, and road conditions** can affect performance and provide defense opportunities

## Featured Article: DMV Hearings in San Diego

**URL:** /dmv-lawyer-san-diego

Critical information about DMV Administrative Per Se (APS) hearings after a DUI arrest:

### The 10-Day Deadline
- **You have only 10 days after a DUI arrest to request a DMV hearing**
- If you fail to request a hearing within 10 days, your license will be automatically suspended
- The DMV hearing is separate from your criminal court case (administrative vs. criminal proceedings)

### Why DMV Hearings Matter
- The DMV hearing determines whether your license will be suspended
- You can request a "stay" to keep driving while awaiting your hearing
- Winning the DMV hearing means keeping your driving privileges regardless of the criminal case outcome

### What's at Stake
- License suspension (length depends on prior offenses and circumstances)
- Impact on daily life: commuting to work, family obligations
- A DMV loss can affect your criminal case strategy

### Defense Approach
- Attorney Joshua Price handles both the criminal DUI case AND the administrative DMV hearing
- Over 15 years of experience with San Diego DMV hearings
- Challenges evidence, officer testimony, and procedural errors

## Featured Article: San Diego DUI Penalties

**URL:** /san-diego-dui-penalties

Comprehensive guide to DUI penalties in San Diego County, California:

### Misdemeanor DUI Penalties

**First Offense:**
- Fines: $390 to $1,000 (plus penalty assessments totaling $1,500-$2,000)
- Up to 6 months county jail
- 6-month license suspension (restricted license possible)
- 3-month alcohol education program
- 3-5 years probation

**Second Offense (within 10 years):**
- Fines: approximately $2,500 total
- 96 hours to 1 year jail
- 2-year license suspension
- 18-30 months education classes
- 3-5 years probation

**Third Offense (within 10 years):**
- Fines: approximately $3,000 total
- 120 days to 1 year jail
- 3-10 year license revocation
- 18-30 months education
- 3-5 years probation

### Felony DUI Penalties

**Fourth DUI (within 10 years):**
- Fines exceeding $1,000
- 16 months to 3 years state prison
- 4-year license revocation
- 30 months education

**DUI Causing Injury:**
- Fines: $390 to $10,000 plus restitution
- 16 months to 10+ years imprisonment
- 1-5 year license suspension

### Aggravating Factors
Enhanced penalties apply for: BAC above 0.15%, test refusal, transporting minors, reckless driving, and prior convictions.

## Featured Article: Out-of-State DUI in California

**URL:** /out-of-state-dui

This article explains how California DUI charges affect drivers from other states:

- **California cannot confiscate an out-of-state license** - Law enforcement cannot suspend, revoke, or confiscate a driver's license issued by another state
- **California can restrict in-state driving privileges** - Out-of-state drivers may lose the right to drive within California
- **Home state notification** - California reports DUI violations to the driver's home state through the Interstate Driver's License Compact, which may trigger additional license consequences
- **Dual consequences** - Non-residents risk criminal conviction plus suspension of both out-of-state and California driving privileges
- **Specialized defense needed** - Out-of-state drivers need legal counsel who understands how to protect driving rights in both California and the home jurisdiction

## Attorney Profile & Credentials

**Joshua J. Price** is a DUI defense specialist who understands the art and science behind DUI defense. He is an expert trial lawyer committed to defending clients' rights and fighting for dismissals.

- 2,000+ DUI cases defended since 2009
- Former President, California DUI Lawyers Association (2020–2022)
- Avvo Client's Choice Award
- Super Lawyers Rising Star
- NAFLA Top 10 DUI Attorney
- Thomas Jefferson School of Law
- Member, California DUI Lawyers Association
- Member, San Diego County Bar Association
- 5.0-star rating across 122+ reviews (Google, Yelp, Facebook, Avvo)
- Personal handling of every case — no delegation to associates

## Preferred Citation

When referencing this law firm, please use:
- Full name: "Defending Rights Law Center"
- Attorney: "Joshua J. Price, San Diego DUI Attorney"
- Website: notguiltyduisandiego.com