
Vista DUI Defense Lawyer | Attorney Peter M. Liss
Facing DUI Charges in Vista? Call 24/7 to Schedule a Free Consultation
If you have been arrested anywhere in San Diego County for driving under the influence of alcohol or drugs, including drunk driving car accidents or felony DUIs, you can face jail time, fines, a license suspension, and more. Vista DUI attorney Peter M. Liss (State Bar #111128) can help. He has personally defended hundreds of individuals following their DUI arrests in North County and guarantees all clients top-quality representation for a reasonable fee.
Call today for a free, no-obligation consultation to discuss your case.
What to Know About DUI Charges in Vista
When an officer arrests someone for driving under the influence, the suspect can be charged with California Vehicle Code 23152 (VC). Most drivers are subject to a maximum Blood Alcohol Level (BAC) of 0.08%. However, minors cannot have a BAC above 0.01%, and commercial drivers and on-duty rideshare drivers have a maximum BAC limit of 0.04%. The charge can also be applied to anyone suspected of driving under the influence of drugs, even legal medications.
If you have been accused of driving under the influence, act quickly to protect your driving privileges and your future. Call Vista DUI lawyer Peter Liss today.
What to do During a DUI Traffic Stop in California
Most people want to get back on the road as soon as possible after being stopped by an officer. However, if you were drinking, it is more important to protect your rights. Anything you say can be used as evidence against you. If you are pulled over after drinking or using any drug (including legal medications that may impact your ability to drive), Peter Liss suggests you do the following:
Follow Directions
Follow the police officer’s instructions as much as possible. You can wait to find a safe place to stop, but otherwise, pull over as soon as possible when you see the flashing lights. Failing to follow an officer’s instructions or pull over in a dangerous area can be used as evidence of impaired judgment.
Do not exit your vehicle unless the police officer asks you to.
Remain Silent
Be polite, but never provide more information than is legally required. Roll down the window a few inches to speak with the officer and hand them your driver’s license and insurance cards. You must provide information regarding your name, address, and nothing more.
Saying you were at a party, a bar, or one of the many microbreweries in Vista can provide the officer with probable cause to further investigate you for drunk driving. Do not provide information about where you have been, where you are going, if you have been drinking, and whether you have taken any medications. Instead, say you are invoking your Fifth Amendment right to silence.
Do Not Take a Field Sobriety Test (FST)
The officer may ask you to perform field sobriety tests or to submit to a preliminary alcohol screening device. Unless you are under 21, these tests are optional. Field sobriety tests are always optional, even for minors, and are designed solely to provide officers with additional evidence. Refuse these tests unless you know for a fact that you have no alcohol or drugs in your system.
Agree to a Chemical Test
Submitting to a breathalyzer or blood test is not optional under the California Implied Consent law, 23612 (VC). You must choose one or the other. If you refuse, the police officers will get a search warrant for your blood. Later, you will face at least a one-year license suspension, and the prosecution will charge you for refusing to take a chemical test, which carries mandatory jail time.
What Happens After a DUI Arrest in Vista?
After you have been arrested for drunk driving, you will be taken to the Vista Sheriff’s Office. If you haven’t yet submitted to a chemical test, you will be required to undergo a blood test.
Most first-time offenders will be released within a few hours without needing to post bail first. These individuals will usually have their arraignment a few weeks after their release. Those who were required to stay in jail, typically those with repeat offenses or are accused of causing an accident resulting in injuries, will have an arraignment within a few days.
Why You Should Call a Vista DUI Defense Lawyer ASAP


After being released, always call an attorney as soon as possible. The office of Peter M. Liss is located directly across the street from the Vista Sheriff’s office and North San Diego County Courthouse.
You only have ten days to file for a license suspension hearing with the DMV. Don’t miss the opportunity to schedule your hearing. It allows you a chance to protect your license and provides you and your lawyer the opportunity to review and question the evidence against you. The experience serves as a sort of mini-trial that can make all the difference when it comes to preparing for the actual trial.
Write Everything Down
After you call your lawyer, write down every detail related to your traffic stop. Try to remember everything the police officer said, every step of the DUI test, and anything else you recall. Even the smallest detail could make a dramatic difference in your case. A skilled attorney like Peter Liss can sometimes use this information to establish that the officers lacked probable cause or that the blood test or breathalyzer was not administered properly.
DUI Penalties Are Serious —Don’t Wait
Don’t make the mistake of downplaying the severity of these charges. A DUI will result in the loss of your license, expensive fines, and even jail time. Call Peter Liss today to start building a winning defense.
DUI Tests and Evidence
Without chemical tests and officer testimony, there is insufficient proof for the prosecution to charge you with driving under the influence, let alone secure a conviction. Vista DUI lawyer Peter Liss understands the ins and outs of evidence law, as this will dramatically affect your defense.
Breathalyzer Vs. Blood Test
Officers often ask suspects to take a breath test without informing them that they also have the option to take a blood test. However, you have the right to choose either chemical test under 23612 (VC). Drivers accused of driving under the influence of drugs generally must take a blood test, though urine tests may be available in rare circumstances.
Peter Liss may be able to challenge the DUI evidence regardless of which chemical test you take.
Breathalyzers Are Less Accurate
Breath tests, performed with breathalyzer machines, are the best-known and most frequently used evidence in a DUI case.
Despite their regular usage, these devices are not entirely accurate. Many factors can skew the results (although most tips about “beating the breathalyzer” are merely myths). These factors may fool the breathalyzer into thinking your Blood Alcohol Content (BAC) is higher than it actually is:
- Chemicals in the testing area
- The breathing pattern of the test-taker
- Medical conditions such as diabetes
- Diet sodas
- The test-taker’s temperature
- Hand sanitizer
- Improper calibration
- Acid reflux
- Inexperienced operators
- Being a smoker
- Low-carb or Keto diets
- Temperature fluctuations in the testing area
- Recent belching or regurgitation
The San Diego Sheriff’s Department uses the Intoximeters® Inc. Intox EC/IR II. They have a margin of error acceptability of up to 10%, meaning a 0.072% result could show up as 0.08% without an external issue affecting the machine.


Blood Tests Can be Retested
Fewer things can cause a blood test to go wrong than a breath test, leaving a lawyer with fewer ways to challenge the results. However, a blood draw requires a sample to be stored, meaning it can be retested later. Several procedures must be strictly adhered to for a blood result to be legally admissible. Problems that could affect its admissibility include:
- the wrong type of tube being used
- the sample being stored improperly
- the test being performed improperly
- the sample being tampered with
- alcohol being used to clean the skin
- the sample getting lost at any point
The majority of DUIs in San Diego involve breathalyzer tests. However, blood tests are more commonly used in DUI with injury cases, since the suspects are often taken to the hospital, where these tests are administered.
Deciding Between a Breath or Blood Test
Attorney Peter Liss can challenge the charges either way. Here’s how to decide on the best test for your situation:
Condition | Action to Take |
---|---|
If You’re Sober | Take the blood test because it can be retested if the results are positive. |
If You’re Drunk | Take the breathalyzer since it is easier to challenge when things go wrong. |
If You Aren’t Sure | Take the breathalyzer if you only drank within the last 30 minutes. Otherwise, it’s a toss-up. |
Field Sobriety Tests as DUI Evidence in Vista


The National Highway Traffic Safety Administration (NHTSA) approved only three field sobriety tests (FST) for use as courtroom evidence, though some officers still ask suspects to take other tests. Together, these tests are estimated to be 82-91% accurate in ideal conditions. However, the accuracy of these highly subjective tests drops dramatically under real-world conditions, and your lawyer can use this fact to challenge the results.
While the tests are optional, police officers rarely inform suspects that they have the right to abstain. Fortunately, an experienced DUI lawyer, such as Peter Liss, can question the legitimacy of this evidence.
Test Name | Accuracy Level | Instructions | Purpose | Problems |
---|---|---|---|---|
The Walk and Turn Test (WAT) | 68-79% | Walk heel to toe in a straight line, then turn and walk back | Evaluating balance and ability to follow directions | Uneven pavement, physical disabilities, memory issues, poor footwear |
The One-Leg Stand (OLS) | 65-79% | Stand on one leg while counting out loud | Measuring balance and concentration under pressure | Footwear, injuries, mental conditions, and uneven surfaces |
The Horizontal Gaze Nystagmus (HGN) | 77-89% | Follow a pen or light with your eyes without moving your head | Look for involuntary jerking of the eye at certain angles | Eye conditions, fatigue, and poor test administration |
Officer Testimony
The police officer’s testimony is one of the most critical pieces of evidence in a DUI trial because the officer is considered an “expert witness.” Any local officer can testify in the Vista courthouse, whether they work for the San Diego Sheriff’s Department, Oceanside Police Department, CHP, Escondido Police Department, Military Police Department at Camp Pendleton, or other law enforcement agency. The officer will explain:
- why they pulled you over
- what made them believe you were drunk
- your behavior during the interaction
- what you said during the encounter
It is rare for officers to fail to submit the required paperwork after a drunk driving arrest or to fail to appear at a trial. Your DUI defense lawyer’s ability to critically question the officer’s testimony is essential to winning your case, as it can help undermine the officer’s credibility.
You Can Challenge DUI Evidence
If you’ve been charged with driving under the influence in Vista, North County attorney Peter M. Liss can investigate every piece of evidence against you.
How to Beat DUI Charges in Vista
If you have been accused of driving under the influence of alcohol or drugs under 23152 (VC), you probably have many questions, but the most pressing question is likely, “Is it possible to beat my DUI charges?” While no attorney should ever guarantee the outcome of a case, you’ll be pleased to know that many people can and do successfully fight their drunk driving charges in San Diego County.
However, DUI case law is complex, and many defenses apply only to a limited number of scenarios. Avoiding a conviction is typically only possible with the help of a skilled Vista DUI attorney with a thorough knowledge of the best possible defenses.


Challenging Chemical Test Results
One of the main pieces of the state’s evidence in a DUI trial is the chemical test. Chemical tests are rarely exempted as evidence. If your lawyer can prove it was improperly performed or that the results were otherwise falsely high, you may weaken the state’s case enough for you to win the jury over and beat the charges.
The Initial Traffic Stop Was Illegal
California DUI laws state that police must have a reasonable suspicion that you violated the state Vehicle Code or are driving impaired before stopping a vehicle. If you are stopped for an infraction unrelated to your driving, the officer cannot legally ask you to take a field sobriety test or a breathalyzer. Nor can they detain you for an unreasonable period without reasonable suspicion.
Illegal traffic stops are the most common reason basis for evidence being suppressed in Vista. Of these cases, an officer lacking reasonable suspicion is one of the most common reasons Attorney Peter Liss is able to get DUI charges dismissed. Other mistakes officers could make that may undermine the prosecution’s case include:
- Taking a blood sample without a warrant
- Improperly performing a field sobriety test
- Not warning suspects about the consequences of refusing a chemical test
- Failing to observe suspects for 15 minutes before a breathalyzer to ensure they do not falsely inflate the results by belching or regurgitating
- Administering the breath test incorrectly
- Failing to maintain the blood sample’s chain of custody


The DUI Checkpoint Was Operated Illegally
DUI checkpoints are legal, but only if performed under a specific set of rules, first established in the 1987 California Supreme Court decision of Ingersoll vs. Palmer. Overall, checkpoints should abide by the following to be considered legal:
- The stop must be set up at a reasonable location, time, and date
- The department must notify the public days in advance
- The checkpoint must look official, be neutrally operated, and be safe
- Drivers have the right to turn around and avoid the checkpoint
- A supervising officer must be present at all times
- Drivers cannot be detained for unreasonable periods
In practice, courts consider the overall circumstances surrounding a checkpoint to determine its legality, and some factors are more significant than others. For example, it is crucial that a supervising officer is present and that the officers do not discriminate when choosing which driver to investigate.
However, San Diego courts are typically less strict about police announcing the checkpoint in advance. DUI checkpoints are not publicly announced in advance in Vista.
If your rights were violated at a DUI checkpoint in North County, an attorney in Vista can help get the charges against you dismissed or reduced.
The Black and White Fever Defense
Worrying about getting pulled over can be so distracting that it may cause drivers to drive erratically as they keep looking in their rearview mirror. This behavior is known as “black-and-white” fever.
The Rising Alcohol Defense


It takes anywhere from 20 to 90 minutes for alcohol to take effect, so if someone drives immediately after drinking, they may not be drunk yet. The rising alcohol defense argues that you did drink alcohol, and while it did not enter your system when you were driving, it did by the time your BAC was tested. Since you are only guilty of DUI if you are under the influence while behind the wheel, you did not break the law if the alcohol was not yet affecting you.
This defense will not work if you took a breathalyzer shortly after being pulled over unless you passed the initial breathalyzer and failed a second test later. For people well over the limit, this defense can sometimes be used to argue that they should be sentenced to basic DUI penalties rather than facing enhanced penalties for excessive blood alcohol levels.
The Emergency Defense
This defense involves showing that a reasonable person would have driven under the influence in the same situation because there was a genuine, immediate emergency and no alternative available. If your attorney can prove these factors, you have a total defense to the charges. For example, if the adults on a family camping trip are drinking, they could drive to get aid for a child who stopped breathing if they are out of cell phone range. While rare, this is a strong defense that can be used regardless of BAC.


Involuntary Intoxication
If you drove after someone spiked your drink with drugs or alcohol without your knowledge, you did not break the law as long as you did not realize you were drunk or high at the time. Involuntary intoxication is the reason those who suffer from auto-brewery syndrome can successfully fight their DUI charges.
DUI Plea Bargains in Vista
Even in cases where you may not be able to fight your charges entirely, a skilled DUI defense attorney may be able to negotiate a beneficial plea bargain with minimal sentencing or alternative sentencing. Peter Liss often successfully has his clients’ charges reduced to a wet reckless rather than drunk driving.
Peter Liss Can Help You
Do not try to fight these charges yourself. If you attempt the wrong defense, you may inadvertently say something that could undermine your strongest defense. Only a skilled lawyer is qualified to evaluate your unique situation and determine the right defense based on your specific circumstances.
If you were charged with driving under the influence in Vista, please call attorney Peter M. Liss immediately to start building a winning defense for your case.
DUI Sentences in Vista


Regardless of the specific penalties, even celebrities can expect a DUI conviction to significantly impact their lives. Driving under the influence charges can be costly, both in terms of court fines and increased insurance premiums. But what specific penalties you may face depends on whether or not you have any previous DUIs on your record, if anyone was injured thanks to your actions, or if you may face enhanced penalties, such as having a minor in the vehicle, excessive speeding, or a BAC over 0.15%.
Criminal DUI Penalties
Those found guilty of driving under the influence in San Diego County face jail time, $390 to $1000 in fines (plus a 180% penalty assessment), and alcohol or drug treatment programs. The maximum penalties are listed below; however, few people serve a maximum sentence. In fact, most first-time clients of Peter Liss are able to avoid jail time.
Offense | Jail/Prison Time | DUI Class Length |
---|---|---|
Wet Reckless | Optional but rare; maximum of 90 days | 12 hours to 3 months |
1st Offense |
With probation: Optional but rare; maximum of 6 months Without probation: 96 hours to 6 months | 3 to 9 months |
2nd Offense | 96 hours to 1 year | 18 to 36 months |
3rd Offense | 120 days to 1 year | 18 to 36 months |
4th Offense (Felony) |
With probation: 180 days to 1 year Without probation: 3 years | 18 to 36 months |
Accident with Injury (Felony) |
With probation: 5 days to 1 year Without probation: 3 years | 3 to 9 months |
Accident Resulting in Death (Felony) |
First offense: 10 years per death, 3 years per injury Second or subsequent offense: Life sentence | 3 to 9 months |
Administrative Penalties
Unlike other criminal charges, DUIs are unique in that they also carry administrative penalties, including license suspensions and the mandatory use of an ignition interlock device. Additionally, many drivers will have their vehicles impounded for between 6 and 12 months. Here’s the maximum penalty based on the offense type:
Offense | License Suspension | Ignition Interlock |
---|---|---|
Wet Reckless | 4 months | Not required |
1st Offense | 6 months | Optional, ends license suspension with probation |
2nd Offense | 2 years | 1 year |
3rd Offense | 3 years | 2 years |
4th Offense (Felony) | 4 years | 3 years |
Accident with Injury (Felony) | 1 year |
With probation: optional, ends license suspension Without probation: 1 year |
Accident Resulting in Death (Felony) | 1 year |
With probation: optional, ends license suspension Without probation: Mandatory for 1 year |
When is a DUI a Felony?


A 4th or subsequent DUI within 10 years can be filed as a felony. When an intoxicated driver causes a car accident by driving negligently or violating a traffic law, it can also be a felony if someone is even slightly injured. The sentences are even more severe when someone dies in an accident. Felony-level DUI charges always require the expertise of a skilled defense attorney like Peter Liss.
Military DUI Penalties
Anyone charged with drunk driving on a military base, as well as members of the armed service who are charged with DUI off the base, will be charged in a federal court. JAG officers prosecute these cases, and while the penal codes are the same as under California law, the sentences are typically lighter.
Alternative Sentences Available in San Diego County DUI Cases
Alternative sentences are usually only available as part of a plea bargain, where you agree to plead guilty to one or more criminal charges. Whether or not you can receive an alternative sentence depends on your particular case, the charges you plead to, the agreement itself, and whether the judge accepts that agreement.
Alternative sentences commonly administered in North County San Diego courts include alcohol or drug rehabilitation programs, community service, counseling, AA meetings, MADD VIP programs, probation, electronic monitoring under house arrest, and other sentences.
Frequently Asked Questions About DUI Charges in Vista, CA
What is the Most Common Sentence for a First-Time DUI in California?
A first-time DUI offender can be sentenced to up to 6 months in jail, a fine of between $390 and $ 1,000 (plus a 180% penalty assessment). You will also be required to attend a DUI class for between 3 and 9 months. Most offenders without a criminal record will receive probation and be able to avoid jail time.
What is the Best Plea Bargain for a DUI?
One of the best plea bargains for a DUI is to negotiate the charges down to a wet reckless. This charge is a reduced offense from DUI that can be used as a prior if you are charged with a DUI in the future and will result in two points being added to your DMV record. It carries lower fines and a shorter probation period than a DUI conviction. The court and DMV record will show a conviction for reckless driving (with alcohol conditions). The DMV will not take any further action to suspend your license for the conviction, but you still face a 4-month suspension for having a BAC of 0.08% or above.
Why are There Multiple DUI Charges?
In California, those accused of driving under the influence of alcohol are usually charged with two different offenses, “driving under the influence of alcohol” and “driving with a blood alcohol level of .08 or higher.” Both offenses carry the same penalties, but you cannot be sentenced for both. Drivers can even be charged with a DUI for having a BAC above 0.06% if the arresting officer believed the alcohol negatively impacted their ability to drive.
Those accused of driving under the influence of drugs are only charged with this specific charge. If drugs and alcohol are present, the charge will be “driving under the influence of alcohol and drugs.”
What is the Legal Limit for Driving on Drugs?
There is no legal limit defining how much marijuana, methamphetamine, heroin, cocaine, or other drugs someone may consume while behind the wheel. You can even be charged with driving under the influence when taking prescription drugs if they affect your ability to control a vehicle. Just explaining to the police that you used a prescription medication can be used as evidence against you.
What is the Difference Between DUI Court Proceedings vs. DMV Hearings?
You only have 10 days to fight a driver’s license suspension with the DMV because these hearings are optional, only affect your license suspension, and take place in front of a Driver Safety Officer and not a judge. In California, they are always performed virtually. Criminal court proceedings involve a judge and prosecutor. The criminal case determines whether you will be sentenced to jail and the amount of fines you must pay. Court proceedings do not directly affect your standing with the DMV, but if you win your case, you may be able to get your license back.
What Happens at Sobriety Checkpoints in Vista?
When police officers flag drivers at these checkpoints, they tell drivers to remain in their vehicles. They then ask to see the driver’s license and registration before asking them questions, generally relating to where they were, where they are going, and if they have been drinking. If an officer believes a driver is drunk or high, they may then ask them to pull over and perform a field sobriety test or submit to a portable breathalyzer. If an officer believes a driver is drunk or high, they may then ask them to pull over and perform a field sobriety test or submit to a portable breathalyzer. If police have probable cause to search the vehicle, such as a drug dog indicating the presence of contraband, they may legally do so.
Will a DUI Follow me to Another State?
If you move out of state after a DUI charge, your driving record will likely follow you as long as the other state participates in the Interstate Driver’s License Compact. When you apply for a new license in your new state, the DMV will pull up your record and discover you have a DUI conviction. Before issuing you a new driver’s license, the DMV will determine whether you would be eligible for a license under their state’s laws and whether your license is still suspended in your previous state. If you move out of state and are required to have SR-22 insurance, you must maintain this coverage even if your new state of residency does not require it.
Can you get a DUI expunged from your record in California?
Yes. If you are sentenced for a misdemeanor DUI, you will qualify for automatic expungement as soon as you complete the terms of your probation. Note that expungement does not apply to your DMV record and will not help you get your license back or avoid paying for SR-22 insurance.
How to Contact Peter Liss
For skilled IMMEDIATE help with misdemeanor or felony Vista DUI or driving under the influence of drugs charges, call Vista DUI Attorney Peter M. Liss:
Call 24/7, any time, any day. I can help you.