Your Rights if Stopped for DUI - Lawyers in San Diego
Don't answer questions
You have a right to remain silent in any criminal case. If you start talking, you waive your rights and anything you say will likely hurt your case. You still need to be cooperative, polite and provide your name, driver's license and address. The questions you should not answer are questions that have anything to do with the events leading up to and including your traffic stop. Speak with the DUI lawyers at our San Diego law firm if you have questions regarding the right to remain silent.
Don't admit anything
Some clients make admissions like "I only drank 14 beers" or "I am really drunk now." Statements like these are not good for your case and can be repeated to the judge or jury if your case goes to trial. It is best not to say anything and request to speak with an attorney immediately. Do not lie, but rather - simply remain silent.
Don't do coordination or eye tests
If you are stopped and suspected of DUI, you are not required by California law to submit to Roadside Field Sobriety Tests. The DUI lawyers at Kerry Steigerwalt's Pacific Law Center in San Diego have serious doubts regarding the accuracy of these tests and, as a result, it is advisable to respectfully decline (this advice does not always apply to breath or blood tests, which are discussed below). You should also decline any HGN eye tests. These occur when the officer asks you to look at a small penlight that is moved from side to side. Because you are not required to submit to these tests, our DUI lawyers recommend you decline.
Ask to speak with a lawyer immediately
Upon arrest you should immediately ask to speak with a lawyer. The DUI lawyers from our San Diego office are available 24 hours and can be paged if there is an emergency.
Yes, submit to breath or blood alcohol tests
Many people ask whether or not they should submit to breath or blood tests. And, while some attorneys disagree on the advice, most of our DUI lawyers believe you should generally submit to a blood or breath test if it's your first arrest for driving under the influence. You should still ask to speak with an attorney prior to your decision, because, if you have prior DUI convictions and your driver's license is already revoked, you may have nothing to lose by refusing to submit.
Other Q & A about Your Rights
Do you go to jail overnight upon arrest?
In California, you generally do not go to jail overnight upon arrest, however, it is possible. Usually you are released because you have a right to demand or request an independent chemical test. You are also presumed innocent. If convicted, you will be facing jail later. There are mandatory minimum jail terms for every DUI conviction.
What tests should I take?
The DUI lawyers at San Diego's Kerry Steigerwalt's Pacific Law Center recommend that you submit to all requests for blood, breath or urine. This is the case even if the police ask you to do one or more tests or to blow several times.
What tests should I decline?
We do not recommend that you do any of the silly coordination, balancing tests or the pen in the eye test. We believe these tests lack scientific reliability and there is no penalty if you refuse them.
Do I have to answer questions?
No. Politely decline and request a confidential telephone call to your attorney. You do have to give your name, show your driver's license, registration and proof of insurance.
Please be cooperative and act courteously. Do not try to talk your way out of an arrest, and it is best not to lie. Simply keep your mouth closed and you will later be glad you did.
10 Ways to Protect Yourself from a DUI Conviction
- Don't wait - request a confidential telephone call to the DUI lawyers at our office in San Diego.
- Don't talk to any police investigators or anyone else.
- Write down all the facts about your case. You might forget important facts by the time your case goes to court.
- Demand a DMV hearing immediately or contact Kerry Steigerwalt's Pacific Law Center for help.
- Call to set up a free consultation with an experienced law firm.
- Know your legal rights. Were your rights violated?
- Have your law firm obtain all police reports and review them for any mistakes.
- Find out if the breath test (or blood) was legal or reliable. Get all breath machine test records.
- Check for illegal arrest, motions to dismiss, or suppression of breath, blood or urine tests.
- Only hire DUI lawyers with experience in the specialized handling of cases involving driving under the influence.
DO NOT PLEAD GUILTY TO DUI
A DUI conviction can result in:
- Loss of freedom
- Loss of driving privileges
- Fines and court costs
- A criminal record
- Loss of employment
Other penalties may include years of higher insurance rates and a tarnished reputation. Demand a DMV hearing immediately. If you have been arrested for DUI, consult with the criminal defense lawyers at our San Diego practice today.
