- Do not drink and drive in San Diego county,
California. While it is lawful to drink and drive as long as you
are not over the California DUI legal limit and not legally impaired,
purchasing a hand-held breath test gadget may help determine your
breath alcohol level before you drive.
By law, you only have to give the officer your license, registration and insurance.
You do not need to give any further evidence designed to convict you of a San Diego DUI.
- When you are contacted by California DUI
police, you will be questioned before any arrest. Since you are
not in custody for the purposes of Miranda warnings, you may politely
refuse to answer any of the investigating officer's questions,
before or after the California DUI arrest. That way, there will
not be incriminating statements that can be used against you in
San Diego California court or at DMV.
- Acrobatics or gymnastics, aka Field Sobriety
Tests (FST's), are optional and completely voluntary. If you try
to do them, you may be arrested anyway. It is better not to give
the investigating officer any California DUI evidence that will
be used against you in court. You can politely refuse to do any
San Diego FST's.
- Polite refuse to blow into any hand-held
gadget, aka, the preliminary alcohol screening (PAS) test. If
you are older than 21 and not on California DUI probation, the
test is voluntary and you have the right to refuse this type of
San Diego California DUI breath test.
- Since the San Diego officer may only offer
a blood or breath test, choose a breath test. The breath machines
are not 100% accurate and there are many possibilities for error.
DUI & Drunk Driving Defenses to San Diego County Breath Test.
When given a choice of blood, breath or urine test, choose a urine
test if it is available as urine is the most unreliable California
- Call someone you know as soon as possible
so they can hear you speak and note of any state of sobriety.
You usually will be able to make a call from San Diego County
- Behave and be respectful at all times to
the police. How you are perceived by a San Diego California DUI
jury is very important.
- Write down the chronological list of everything
that happened before being contacted by San Diego county California
police up to and including your release from jail.
- Research & Google possible San
Diego California DUI/DMV defense attorneys to represent you. A
qualified drunk driving lawyer will look for positive facts in
order to properly present the best strategy at the San Diego California
DMV hearing and Court.
Getting arrested for San Diego Drunk Driving
does not inevitably end up in a loss of license or a California
DUI conviction. These pointers are suggested but are not legal opinions
in any San Diego case.