As a former prosecutor for almost 10 years and a San Diego DUI defense attorney, I often get the question, “what exactly do if I get stopped for a San Diego DUI?”.
The first thing is to not risk drinking and driving. If it is close, the officers will err on the side of arresting. There is not a situation that is worth it. Do not let your guard down. Many people Uber home and feel the need an hour later to head to a late night stop (Jack in the box is a frequent location). If you do get arrested for a San Diego DUI, be proactive and contact the Law Offices of Mark Deniz at 858-751-4384. Again, the best defense is to not drink and drive at all.
What to do when stopped for a San Diego DUI?
What to do when someone is stopped by police and they believe the police want to conduct a San Diego DUI driving under the influence investigation. First, I am going to assume the person has drunk or may have marijuana or other substance in their system. If someone did not drink, then ask the officer why they stopped you and proceed to handle the case in a non-San Diego DUI driving under the influence situation.
If someone feels the police may want to conduct a San Diego DUI investigation, then someone would want to be as ready as can be.
Before you get pulled over
Keep breath mints ready and pop them in as soon as you see the police activate their lights. Have air freshener ready to go and spray before you stop the vehicle. Someone needs to make sure they have easy access to their driver’s license, insurance, and registration if they get pulled over. They should have it in your hand by the time police come to the window.
If the stop is in daytime, put sunglasses on. If they ask the person to take off the sunglasses they should say they have sensitive eyes.
If they ask “have you been drinking”, say “I respectfully do not want to discuss my day. I have asked a lawyer once about my rights and he said to do this. I would like to not make any statements unless I have to.” Remember, if you do get arrested for a San Diego DUI, be proactive and contact the Law Offices of Mark Deniz at 858-751-4384.
If the officer asks why are you not wanting to speak when being asked some basic questions that someone may reply, “sorry, I love to protect my rights, I spoke to a lawyer on what I can and cannot do. I prefer not to discuss my day”.
Officer will either give you the ticket (for the stop) or will ask you out of the car.
If they ask questions, someone can say, “I would like to not make any statements unless I have to.”
If the officer asks you to do any tests or follow their pen someone can say, “I would like to not do any tests unless I have to.”
If the officer arrests someone for a San Diego DUI driving under the influence charge, then they should continue to make no statements. If you do get arrested for a San Diego DUI, be proactive and contact the Law Offices of Mark Deniz at 858-751-4384.
Breath or blood test
If someone is on probation or under 21 years old, someone has to perform the handheld preliminary alcohol screening gadget, known as a PAS, lifeloc, or also sensor (depending on the agency). If someone does not fit those two criteria, then someone can decline to take the test. Remember, someone should be courteous to the police. They can say they want to decline the test, and not refuse it. It is semantics but every little word will be examined and scrutinized.
If someone has been arrested, they can tell police “I would like to not take any chemical unless I have to”. The officer may say you are required by law to submit to a test. If they say this, a prudent action would be to request blood. If you do get arrested for a San Diego DUI, be proactive and contact the Law Offices of Mark Deniz at 858-751-4384.
I want to stress the best way to avoid a San Diego DUI driving under the influence arrest is not to risk it. However, there are many instances where someone may have had truly a drink or two and they are worried they might be close to the legal limit. In these cases, someone wants to ensure their case is as favorable as can be. You want to consider some of the scenarios above. You want to then retain an attorney who knows how to handle the situation. If you do get arrested for a San Diego DUI, be proactive and contact the Law Offices of Mark Deniz at 858-751-4384.
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