DUI Arrests in San Diego, CA

Understanding the Arrest Process

Being arrested for a DUI can be one of the most frightening experiences an individual can go through. From the moment you are pulled over, the police officer on the scene is looking for any small action that can justify your arrest.

This anxiety can cause individuals to fail the field sobriety tests that an officer may administer, as well as make mistakes that can result in an arrest. If you are ever arrested for a DUI, the first thing you need to do is contact a San Diego DUI attorney immediately.

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The Initial Stop and Sobriety Testing

An officer can only lawfully pull you over if they had probable cause. This means that you must have been exhibiting some sort of irregular driving patterns. There is one exception to this rule, and that is in the case of traffic stops (sobriety checkpoints). At this point, an officer may ask you to submit to certain field sobriety tests such as a nystagmus test or a one leg stand. If they determine that you may be intoxicated, you will be arrested.

After being placed under arrest, you will likely be transported to a police station for a breath or blood test. At this point, you cannot refuse either of these tests. If you do, your license will be automatically suspended. Upon being released and asked to reappear in court at a later date, you will either hear that the officer is declining to file charges or is formally charging you with a DUI.

Civil & Criminal Hearings

If you are arrested for a DUI, there are two separate proceedings that will begin. One, through the DMV, will result in your license being suspended, unless you schedule a DMV hearing and, along with your attorney, argue to keep your license. If your license does become suspended, at some point later in the proceedings, your lawyer can fight for driver's license restoration. The other process is the criminal charges and takes place in court, which can result in the severe penalties usually associated with a DUI conviction-probation, community service, steep fines, and jail time.

When facing a DUI charge, it is important to do everything possible to make the process go smoothly, and not incriminate yourself. As difficult as it may seem, always be polite to the police officer that has pulled you over. Decline answering questions about where you have been and how many drinks you have had; any answers you give can be used against you later.

Don't wait to contact an experienced San Diego DUI lawyer!

Mark R. De Yoe has 28 years of experience handling DUI cases in San Diego and can help you devise an effective DUI defense for your case. He has handled over 1,000 DUI cases and is dedicated to helping his clients fight their DUI charges. Not only are the punishments for a DUI very harsh, but a conviction can cost you your job, and other repercussions as well. Don't let a DUI ruin your life; contact Attorney De Yoe as soon as possible.