Tis the Season! Enjoy the holiday season with friends and family. Go see Star Wars for the second time (I am). But…be safe. First off it is important that you make good judgment if you drink alcohol about your driving. I am also telling people to “Be safe” because police will assume that bad driving, being tired (red and watery eyes) is all clues to intoxication. Many people are arrested to later find out they were nothing close to DUI.
I have been seeing the signs all over the freeway that “buzzed driving is drunk driving”. It really is true. Be safe and do not risk getting in trouble. I have had several cases of people not ending up being .08%. However, this was found out after they were arrested, spent time in jail, got their vehicle towed, and had their drivers license taken away. We know how the officers will decide if it is close. Have a great holiday season.
What to do if stopped for a San Diego DUI
First, be polite. If being yourself is being a smart-ass; be somebody else. It is already going downhill when you are stopped. Don’t make it worse. Give him your license and insurance and keep you conversations to a minimum.
Second, decline (POLITELY!) the opportunity to do ANY test – AND THIS IS IMPORTANT – in the FIELD. That includes any field test like walking a line or “following his pen” or blowing into ANY machine in or at his cop car. As a general rule, if you are being asked to do a “field test” or to blow into a hand held device at the point of being stopped, the cop already is planning to arrest you. Don’t give him anymore evidence.
Third, if you ARE arrested, you will be asked to take a test, and likely a breath test. The cop will read you something about taking the test and the last line is “Will you take the State’s Test”? That test will be given to you at the police station, AND NOT IN THE FIELD AT YOUR CAR. I tell my clients to take it. Why? I have had far more success in keeping a failed breath test out of evidence than a refused test. Plus, you might just PASS IT! If you don’t take it, you will DEFINITELY be booked in jail for DUI or APC. However, always ask to have a blood test after you take that breath test. You have that right. And, that can be very smart.
DUI checkpoints must follow eight specific guidelines:
- Supervising officers must make all operational decisions;
- The criteria for stopping motorists must be neutral;
- The checkpoint must be reasonably located;
- Adequate safety precautions must be taken;
- The checkpoint’s time and duration should reflect “good judgment”;
- The checkpoint must exhibit sufficient indicia of its official nature;
- Drivers should be detained a minimal amount of time; and
- Roadblocks should be publicly advertised in advance. Hire a Proactive, affordable, and quality defense when you are facing San Diego DUIcharges. Whether you have been charged of a San Diego DUI, Poway DUI, Chula Vista DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI, San Diego Expungement, San Diego Bench Warrant, San Diego Failure to Appear, San Diego Restraining Orders, San Diego Terminate Probation, San Diego Minor Possession of Alcohol, San Diego Probation Violation, San Diego Prop 47, Lakeside DUI, Lemon Grove DUI, National City DUI, Cardiff DUI, Racho Santa Fe San Diego DUI, Rancho Bernardo DUI, Spring Valley DUI, Solana Beach DUI, Leucadia DUI, Golden Hills DUI, North Park DUI, Torrey Pines DUI, Eastlake DUI, Paradise Valley DUI, it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384 or send an email to [email protected].