Criminal Law

As a Deputy City Attorney with the San Diego City Attorney’s Office, Ermila gained valuable trial experience as a prosecutor.  She received extensive courtroom experience including jury trials, bench trials, motions and evidentiary hearings in the area of Criminal Law.

In San Diego County criminal cases, an experienced attorney should do everything possible to avoid the most serious of consequences. San Diego County attorney Ermila A. Martinez works to do everything possible to protect each individual criminal defense client. Ermila A. Martinez will do everything available to reach a favorable outcome, including seeking alternatives to jail.  With Ermila’s prosecutorial background, she has the courtroom experience to aggressively represent her clients.


Driving While Under the Influence (DUI)


An arrest for Vehicle Code Section 23152,(a) driving while under the influence of alcohol or (b) driving with a blood alcohol content greater than .08, will result in two actions: Department of Motor Vehicles (DMV) action, and Court action. 

The California DMV can suspend, revoke or restrict your privilege to drive a motor vehicle in California. The DMV can require you to enroll and complete DUI classes upon a conviction. A driving privilege suspension stemming from a DUI arrest can range from four months to one year depending on whether or not a chemical test was voluntarily taken. If you resisted, DMV can suspend your license for one year. If you did not, the suspension will be four months as long as you are over 21 years of age.  A DUI conviction for an underage drinker can result in completely different consequences.  Attorney Ermila A. Martinez offers additional valuable information through her Youtube channel and Facebook page.

Court Action can result in jail, public work service, classes, and a fine. The court can also place you on five years probation.  DUI charges can be more serious when allegations are charged. Jail time is mandatory under the following circumstances:

  • Excessive Speed: driving in excess of 30 mph on the freeway and 20 mph on the streets (Vehicle Code Section 23582);
  • Driving with a passenger under 14 years of age (Vehicle Code Section 23572);
  • Willful refusal of a chemical test (Vehicle Code Section 23577).


Attorney Ermila A. Martinez has successfully handled DUI cases for clients throughout San Diego County.

Contact the Law Office of Ermila A. Martinez at 619-955-8700 to discuss your legal options.