While some states are beginning to transition out of quarantine, other states’ lockdown orders remain intact. Regardless, some areas saw incidents of drunk driving rise precipitously during the COVID-19 lockdown. Whether it was people trying to calm their pandemic fears with some drinks or the lifted restrictions on obtaining alcohol, or perhaps a combination of both, law enforcement from across the country have reported spikes in DUI’s across the country. There have been several calls of people who fell asleep in a fast-food drive-thru.
Notwithstanding the impact of other socio-political current events, police are still out and looking for San Diego DUI drivers. Similarly, despite the temporary closure of courthouses, DUI prosecutions are still rolling forward, even if a little delayed. The dates are getting set further out than normal. You want to be proactive and use the time to your benefit. Call the Law Offices of Mark Deniz APLC at 858-751-4384.
As mentioned, restrictions have been lifted in obtaining alcohol since the closure of restaurants and bars. Establishments have been allowed to sell alcohol for pick-up, or even delivery, to their customers through phone orders or through smartphone apps like Grubhub. One would think that having more options to obtain and drink alcohol at home, would reduce the number of DUI’s. Apparently not so.
If drivers do happen to venture out, they should remember a few things.
Should a driver get pulled over on suspicion of a DUI, first and foremost, remember the 5th Amendment exists for a reason. Drivers have the right not to say anything to law enforcement ever. Invoke your right to remain silent by telling the officer, “I would like invoke my 5th Amendment right and respectfully decline to answer any of your questions.” Now keep your mouth shut until given the opportunity to call your attorney.
At this point, it is likely that law enforcement will have the driver exit their vehicle and request that they perform field sobriety tests. Drivers should absolutely decline to perform the field sobriety tests. They are an inaccurate indicator of intoxication, but fortunately, they are optional. I and many other people would have trouble doing them sober.
In a last-ditch effort to obtain the evidence they need to make a DUI arrest, they’ll ask the driver to take a roadside breathalyzer commonly referred to as a “PAS” (preliminary alcohol screening) test. Under California’s implied consent rule, as a driver, you must submit to a chemical test, which can be either a breath or a blood test, after you have been arrested on suspicion of a DUI. The keyword is “after.” Decline the optional roadside breathalyzer. Why give the officers the evidence they need to arrest you? However, if arrested, you must submit to either a breath or a blood test.
Should the stop occur at a DUI checkpoint, most of the same rules still apply. Invoke your right to remain silent. Decline to perform the field sobriety tests. Only perform the post-arrest breath or blood test, not the pre-arrest breathalyzer. This is all if a driver is not able to pull away from the checkpoint prior to arriving at it without breaking any other traffic laws, which they are legally allowed to do.
While the punishment if convicted on a first-time DUI might vary widely depending on the circumstances of each individual case, at a minimum a driver faces three to five years of probation, fines and fees in the thousands, a minimum three-month DUI course, and up to six months in jail. As part of a plea deal or a sentence if convicted, drivers can additionally face AA meetings, a longer DUI course, a MADD Victim Impact Panel, more in fines and fees, and community labor, and potential ankle monitors. The collateral consequences are a license suspension by the DMV and a stain on your criminal record. While most people don’t see jail time on a first-time DUI with no other aggravating factors, it is certainly a possibility. Those rather severe consequences being said, I’ll move on to my last bit of advice should a driver be pulled over on suspicion of a DUI during COVID-19. You want to be proactive and use the time to your benefit. Call the Law Offices of Mark Deniz APLC at 858-751-4384.
Changing Protocol
With COVID, the police have been changing protocol regarding how to conduct a San Diego DUI. It is essential to examine what new protocol is in place. You then review the evidence to determine if the police were following the procedures.
Even though times might be changing, taking precautions to keep the street safe as well as protecting our rights remain the same.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway 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, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon 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.
