The Law Offices of Anna R. Yum is San Diego’s Premier Criminal Law Attorney

DUI FAQs

 

What Should I Do if I am Stopped for Drunk Driving?

If you are stopped for drunken driving chances are that you were weaving, had some minor traffic infraction or a taillight out. If the officer suspects you are under the influence he/she will begin a standard series of questions used to determine your ability to operate the vehicle. You may then be asked to perform a series of physical challenges along the roadside. They may administer a breath test or transport you to the hospital or local station for a blood test. Every jurisdiction has its own set of procedures. Your duty when stopped is to remain calm and polite. The police have a right to ask you to submit to a chemical test (breath or blood) due to the implied consent law, which states that by accepting a license from the state, you also accept their terms regarding suspected drunk driving. If you have been arrested for dui, your best decision is to consult with a criminal defense attorney as soon as possible. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney. For a free consultation, Contact Us Today.

Back to top

 

Should I Say I've Been Drinking?

If you are pulled over for suspicion of driving while under the influence, you must tell the officer your name, provide your license, registration, and proof of insurance. But, if the officer starts to ask you questions as to whether you were drinking alcohol, you do not have any obligation to answer those types of questions. Do not say anything else. The police will ask you questions repeatedly, just answer that you would like to speak with your attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

Back to top

 

 

What if I Don't Agree to Take a Chemical Test?

After you are arrested for dui, the officer will ask you to submit to a chemical test either at the station or at a local hospital. The chemical test is administered by means of a breath or blood test. California has developed punitive laws that may cause you to lose your license for a longer period if you refuse the test than if you take it and fail. Under California’s implied consent law, “any person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purposes of determining the alcoholic content of his or her blood, if lawfully arrested for any offense allegedly committed in violation of [California dui laws]." (Vehicle code section 23612). A person who is lawfully arrested for dui but who refuses a chemical test runs the risk of not only facing dui charges, but also, a refusal enhancement. The refusal enhancement will increase dui penalties. Therefore, in the interest of avoiding the refusal enhancement and more severe dui penalties, it is highly advisable that you consent to the chemical test. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

Back to top

 

No Miranda Warning: Case Dismissed?

Will your case be dismissed if the police fail to read you your rights? Probably not. The Miranda rule was initiated to prevent police from intimidating defendants under questioning. If you are not, then you will still be prosecuted if the prosecution feels there is enough material evidence without the information elicited by police questioning. Then there is the problem of proving that the police did not do something. Proving a negative is very difficult. Plus, if you are found to be impaired, you may be read your rights and you may say that you understand your rights, but you may not remember the fact. In short, do not rely upon a failed Miranda warning to get you off the hook. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

Back to top

 

Can I Represent Myself?

While it is possible to represent yourself in a drunk driving case, it is not recommended. There are many complex issues involved in a successful defense, many of which are technical in nature and require considerable training. This is particularly true in a DUI case, requiring an attorney with special training in DUI Defense. Knowledge of court procedure is also crucial to an effective defense. An attorney will have the advantage of experience with the various judges who might try your case. While lady justice is blind, the judge isn't. Every judge is different. If you have prior offenses, an attorney might be able to strike a prior if certain requirements are fulfilled. Again, this is a highly technical move and requires experience. If you should make it to trial, an attorney will be highly experienced in the jury selection process and will make the appropriate peremptory challenges. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

Back to top

 

A "Rising BAC" Defense?

The human body is slow to absorb alcohol into the system. If you drink three fast drinks and then get into a car, your blood alcohol levels at the time you are actually driving may be below the level that the state considers legally intoxicated. But after you are stopped, you may spend an hour being transported and processed before taking a blood test. By this time, the blood alcohol level has risen to a legal definition of intoxication though you are no longer driving a vehicle. If witnesses at the scene testify that you did not appear to be under the influence, that is, you were not impaired, then the prosecution will have a difficult time proving that you met the legal definition of impairment. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

Back to top

 

Should You Get a Lawyer?

The defense of a driving under the influence charge is a difficult and technical undertaking. There are many advantages an attorney experienced in this type of law can bring to the case. If you are arrested and do not get an attorney, you will be at the mercy of the authority's decision making process from the beginning to the end. If during the course of an investigation, there are irregularities, things that could cause the charge to be thrown out, it is certain the police, prosecution and court system will not tell you about it. You may never know that the irregularity even happened. If you have prior convictions for drunk driving you should definitely consider an attorney. They know how to ask that priors be stricken, thus possibly lessening the punishment should you be convicted. Without a lawyer, most DUI's are convicted. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

Back to top

 

Should I Perform the Field Sobriety Tests?

One of the cardinal rules when dealing with the police is to be cooperative up to a point. If the officer starts to ask you whether you were drinking, when, how much, etc. You do not have to say anything until you speak to your attorney. After you are pulled over, the officer will also likely ask you to perform a number of tests, known as field sobriety tests, to determine if you are intoxicated. Under California law, you may decline these roadside tests. One of the field sobriety tests is known as the preliminary alcohol screening test (pas). The pas device is a handheld piece of equipment that you blow into to assess your blood alcohol content. The results of the pas device are one of the factors that the officer relies upon to determine whether to make a dui arrest. Again, you can refuse to blow into the pas device. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

Back to top

 

If you or a loved one is facing DUI charges in San Diego County, please contact the law office  today for aggressive, specialized DUI defense. We can guide you through the entire process and work vigorously to maximize your legal interests.