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Be safe in San Diego this Halloween and avoid a DUI arrest

| Oct 30, 2015 | Firm News |


Halloween is one of the busiest times of the year for bars and nightclubs in the San Diego area. Many people will be dressing up in their best costumes for an evening of fun out on the town. Most of these ghosts, goblins and zombies will be enjoying a few drinks while they are partying, and Halloween has a reputation for being an extremely dangerous time of the year on roadways.

San Diego has had a recent increase in DUI-related fatal accidents, and law enforcement agencies throughout the region will have increased DUI patrols to look for drunk drivers throughout the fall. Those who encounter sobriety checkpoints or are pulled over by police need to prepare themselves for what will happen at this time. Officers will be looking for any signs of impairment, and, if they observe anything suspicious, this will allow them to continue with their DUI investigation. This article discusses some of the frequently asked questions that motorists may have if stopped by police.

I have several cases where clients were under .08% and yet they were arrested by police who will error on the side of arrest.  Be safe in a DUI investigation.  You can face an arrest, jail, and consequences even if you are arrested and eventually charges are never filed.  Here is some information on your rights in a DUI investigation.

Do I Have To Answer The Officer’s Questions?

No. You do not have to say anything to police. You are free to refuse to answer their questions, however, they will still be able to continue with their DUI investigation. If you stop talking, they will likely increase their efforts to find something to help them prove that you are operating under the influence.

Do I Have To Take Field Sobriety Tests?

No. You do not have to undergo these tests. In fact, doing so may give the police the information they need in order to obtain a conviction. Like refusing to talk to police, refusing field sobriety tests will not end your stop. Police will keep looking for something that supports their suspicions.

Do I Have To Take A Blood, Breath or Chemical Test If Asked?

You may refuse this test, if requested, by an officer, but, know that this will result in an automatic license suspension. In addition, police will take the steps to obtain a warrant which will require you to submit to the officer’s request. One way or the other, the police will be able to gather the results from this test and use it against you at trial.

What Do I Do If I Am Charged With DUI?

First, don’t panic. Even if you think there is nothing that can be done, there are always options available to you. Speak to an experienced attorney before saying anything to police. Your future is important, and you need someone who understands how to fight DUI charges on your side.

At the Law Offices of Mark Deniz, our attorney has handled hundreds of DUI cases throughout his career. He will work together with you to find out what actually happened in your case. We know how important your license is to you, and we will help you protect your driving privileges. 

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