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.
Arrested? Learn About Your Rights!
Call (619) 519-7358
for a Free Consultation.
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.