It’s not uncommon for the San Diego Police Department to issue weekend DUI crackdowns. When this happens, it’s important for you to be aware of your rights.
DUI and St. Patrick’s Day
Typically over big weekends such as St. Patrick’s day weekend the San Diego County Sheriff’s Department will team up with the National Highway Traffic Safety Administration to keep impaired drivers off San Diego’s roads. When this happens, it’s important to know your rights and what you need to do to 1. keep yourself safe, 2. keep others safe, and 3. keep yourself out of jail.
During these crackdown weekends, there are usually an increased amount of DUI patrols across the county. These can either go from Friday to Sunday nights, or any nights before, after, and during holidays or big events.
The San Diego County Sheriff’s department has plans to increase DUI patrols in its jurisdictions starting at 6 p.m. Friday, March 17, continuing until at least 3 a.m. Saturday.
DUI checkpoint locations will be set up in locations based on the frequency of past DUI and crash statistics.
The Sheriff’s Department offered some tips for a safe driving over holiday and big event weekends:
- Plan a safe way to get home before the game even begins.
- Always designate a sober driver and leave your car keys at home.
- If you’re impaired, use a taxi, ride-sharing service, call a sober friend or family member or use public transportation.
Call 911 immediately if you see an impaired driver on the road.
If You Get Pulled Over
If you get pulled over for impaired driving, you’ll want to know what you are facing. Below we outline the steps of a DUI investigation in addition to what you can do if you are facing DUI charges.
Steps to Investigating DUI Charges
The first step in a DUI investigation is being pulled over by a police officer, which can be scary. The first thought you might have is when is the officer going to ask, “Have you had anything to drink today?”
Since the officer can’t force you to answer any questions that could be considered incriminating, the best answer might be to tell them you prefer to speak with a DUI attorney before answering their questions. Having a blood alcohol (“BAC”) content under 0.08 is not considered driving under the influence. Admitting that you may have had one beer just explains why your breath smells of alcohol.
The second step in a DUI investigation are field sobriety tests. California does not give you the right to consult an attorney prior to these tests, but you can still politely decline to take them since you are not legally required to submit to these tests. The risk of these tests is that if an officer takes a subjective view they could decide you failed even though the test results were borderline. These results could then be used to convict you for a DUI. However, if a police officer genuinely suspects you are intoxicated, chances are good you won’t get away with a warning.
The next step in a DUI investigation is the Preliminary Alcohol Screening (PAS) test. This test is normally a breathalyzer test, which is a chemical test prior to being arrested. A breathalyzer test is the most common one used by police officers to identify drivers driving under the influence. Breathalyzer tests are also used after an arrest as well. Before actually being arrest, you have the right to refuse to take the breathalyzer test. If you are afraid your blood alcohol level is high, you can take it knowing the possibility exists of later impeaching the test results.
If you have been lawfully arrested for DUI, the law requires you to undergo the administration of a chemical test by a police officer to determine your blood alcohol level (“BAC”).
According to California’s “Implied Consent Law,” you are required to submit to chemical testing to determine your BAC if a police officer arrests you for DUI and the officer has probable cause to believe you were driving under the influence.
After being arrested, often you can chose either the breathalyzer or chemical tests. The breathalyzer is fairly reliable, but the results aren’t for a number of reasons. Breathalyzer tests don’t test for blood alcohol concentration (“BAC”), which requires a blood sample be taken to be analyzed. Because of this, the police will indirectly make an estimate of your BAC.
Blood Test to Confirm DUI
The most accurate tests to determine BAC are blood tests. Because of this, if given the choice you should choose a blood test if you feel your BAC is under the legal limit of 0.8. Also, your blood sample must be preserved under a specific set of rules that will then be available for your attorney’s use in order for their later independent testing and analysis. Although you can’t be forced to take a chemical blood test, if you refuse the Department of Motor Vehicles will suspend your California Driver’s License for one year, no matter what the outcome of the DUI case against you. You can request a hearing to contest the suspension, but it must be requested within 10 days from your DUI arrest date.
Working with Sevens Legal, APC
The Law Offices of Sevens Legal, APC, understands DUI cases inside and out, and they are committed to uncovering contradictory evidence, procedural errors, or violations of your rights. We determine the correct defense strategy based on the facts pertaining to your case.
Sevens Legal, APC, handles all DUI cases such as:
- First DUI Offense DUI: Almost 80% of our clients who are first offenders have their cases resolved without a DUI conviction.
- Underage DUI: Underage juvenile DUI offenders have unique challenges relating to these charges, and respond according to these challenges.
- Felony DUI: Felony charges involving DUI require immediate attention. These DUI charges include injury or a 4th offense in a 10-year period.
- DUI and Drugs: If the drugs are prescription drugs or banned (“street drugs”) substances, they carry the same penalty as a DUI involving alcohol.
- Multiple DUI Charges: These types of charges involve higher penalties depending on the number of times you have been convicted previously for DUI. Many times we can successfully reduce the statutory jail time by seeking treatment options.
- DUI Resulting in an Accident: This also includes injury and/or death, or property damage. These require an experienced criminal defense attorney. These charges may involve possible time in a state prison, so it’s imperative to hire a skilled and diligent criminal defense attorney.
- Boating and DUI: Operating a boat while under the influence of drugs or alcohol carry the same negative consequences as driving a vehicle and being intoxicated.
- DMV DUI Hearing: It is imperative to act promptly in order to protect driving privileges. The hearing must be requested within 10 days of your arrest, otherwise the DMV will automatically suspend your driver’s license.
Beating a DUI charge is never easy, even if you have a strong defense, which is why it’s important to hire an experienced DUI Defense Attorney.
In DUI cases there can be numerous possible police errors, all of which can add up to helping reduce your charges. After reviewing the facts of your DUI case, our attorneys will concentrate on helping seek a dismissal or reduction by preparing a secure case that will cast doubt on any evidence the police may have obtained against you.
The criminal defense lawyers at Sevens Legal, APC, believe every defendant deserves a zealous defense. Contact Sevens Legal, APC, today for a free consultation.
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800