San Diego DUI Defenses - Your Rights

Throughout the process of being arrested for and being charged with DUI in San Diego you have certain rights that cannot be taken away from you. These are:

• The right to probable cause
• The right to refuse to take a field sobriety test
• The right to search procedure compliance
• The right to remain silent
• The right to be advised of your Miranda rights
• The right to make a phone call
• The right to speak to an attorney
• The right to a bail hearing
• The right to a fair and speedy trial
• The right to call witnesses on your behalf
• The right to probable cause

When a police officer decides to pull you over he must have sufficient probable cause to do so. He must be able to state specifically why he believed you were breaking the law or in violation of traffic rules. Common reasons cited by police officers for traffic stops are erratic driving and speeding claims, faulty brake lights, failure to stop at an intersection etc. If your San Diego DUI lawyer believes that your DUI case is based upon an illegal stop then he may be able to suppress any evidence obtained from that illegal stop, which can include your blood test result or anything found in the car, such as alcohol or drugs.

The right to refuse to take a field sobriety test

When a police officer suspects you of drunk driving in San Diego he will then ask you to perform one or more field sobriety tests. These tests are highly subjective and carry little or no value when not administered correctly and under controlled conditions. If you are not on probation and are over the age of 21 you have the right to refuse to take any of these roadside tests, including the roadside breathalyser test (PAS). However, under California’s implied consent laws you must consent to take chemical tests at the police station after you have been arrested. Refusal to take the chemical test at the police station counts as a DUI enhancement. You will automatically lose your license for at least one year and the police will forcibly take a blood sample.

The right to search procedure compliance

After you have been arrested in San Diego a police officer is allowed to search you, without your consent and without a warrant, for evidence, weapons or illegal/stolen goods. But he can only search you before you have been arrested if he has good reason to suspect that you are in possession of those things, and a routine traffic stop that doesn’t involve drugs, violence or weapons should not give him that suspicion. After you have been arrested and jailed they can carry out a full body search, including body cavities. If an officer sees illegal goods or evidence in your car that is in plain sight then he may take it, but he can only search your car and trunk if he has reasonable suspicion that you are hiding illegal goods, weapons, drugs etc. Evidence that is obtained by police from an illegal search of yourself or your car can be suppressed by an experienced San Diego drunk driving attorney.

The right to remain silent

Your 5th Amendment right to remain silent means that you do not have to answer any questions by the arresting officer about how many drinks you have had or what you have eaten. However, you do have to answer questions about your identity.

The right to be advised of your Miranda rights