San Diego DUI Rights

When you are pulled over in San Diego on suspicion of driving a vehicle under the influence, law enforcement officers have certain rights to investigate and build a case against you. However, the United States Constitution also provides certain rights for you at these stops. Exercising these rights can significantly impact your case if you are arrested and charged with DUI.

If you have been arrested for a DUI in California, it is essential to get an experienced DUI law firm on your side as soon as possible. At the Law Offices of Anna R. Yum, our team has a solid track record of successfully handling DUI cases. We know what it takes to protect your rights, freedom, and right to keep driving. Contact us today to set up a consultation with one of our attorneys.

What is a DUI in California?

In California, Driving Under the Influence means driving a motor vehicle while intoxicated or impaired by alcohol or drugs. Driving while intoxicated is punishable under California Vehicle Code Sections 23152(a) and (b). Being charged under section (a) means you were arrested for driving while under the influence of drugs, alcohol, or both.

This charge focuses on whether you were impaired, not on your specific blood alcohol level. If you are impaired by alcohol, you can still be found guilty of DUI even if your blood alcohol content is below the permitted limit.

Section 23152(b) prohibits driving with a blood alcohol content of 0.08%. This section is commonly applied in DUI or sobriety checkpoint cases since there is typically no proof of reckless driving. A person with high levels of tolerance may “feel fine” but still be found guilty of DUI if their blood alcohol concentration exceeds the legal limit. A DUI violation may result in civil and criminal consequences under California laws.

Legal Blood Alcohol Concentration (BAC) Limits

California law specifies BAC limits based on the driver’s age and license type. These limits include:

• 0.08% as the legal BAC limit for drivers over the age of 21.

• California has a Zero Tolerance Law that imposes a strict 0.01% BAC limit for people under 21. Drivers under 21 with BACs over 0.05% face harsher penalties.

• Commercial drivers who operate vehicles that need a commercial driver’s license (CDL) are subject to a lower BAC limit of 0.04%.

Exceeding these limits can lead to severe penalties, such as:

• Fines.

• License suspension.

• Potential jail time.

DUI charges in California can range from misdemeanors to felonies, depending on the circumstances of the offense. Driving under the influence of alcohol for the first time is classified as an administrative offense. However, certain aggravating factors can change the charge to a felony. These factors may include:

• A high blood alcohol concentration (often over 0.15%).

• Causing injury to others.

• Previous convictions for drunk driving.

Felony DUI offenses carry more severe penalties, such as longer prison sentences and fines.

What to Expect at a DUI Checkpoint in California

According to California Vehicle Code 2814.2, all drivers must stop while passing through a sobriety checkpoint. This ensures that each driver undergoes a brief police inspection.

When you stop at a DUI checkpoint, the officers will ask for your driver’s license and talk to you to check for any signs of impairment. They can spot signs such as slurred speech, bloodshot eyes, a flushed face, or disheveled clothing.

If law enforcement officers suspect impairment, they can subject you to field sobriety tests (FSTs), including:

• Horizontal Gaze Nystagmus.

• One-Leg Stand, which involves standing on one leg and counting to 30.

• Walk and Turn.

These tests can be difficult if you have physical limitations or due to an uneven terrain. It could result in false results and lead to a DUI charge even if you are not impaired.

Police officers can also make an arrest based on other indicators of impairment. For example, if you are suspected of drunk driving, they will use breathalyzer test results to help them prove that you have committed a DUI.

DUI checkpoints aim to balance public safety and individual rights. Police officers have constitutional rights to stop drivers at DUI checkpoints, but they must do so without discriminating against anyone. It would be wrong to stop drivers based on race, gender, or other personal characteristics. The best locations to set up DUI checkpoints are those with high rates of impaired driving.

Law enforcement organizations should also inform the public of checkpoints in advance, but California laws do not require this.

You can legally avoid a checkpoint by taking an alternative route if doing this does not cause a traffic hazard or violate the state’s traffic laws. However, once you arrive at a checkpoint, the law requires that you stop and submit to the officers’ requests.

It is critical to remain calm and cooperative and know your rights. If you believe you have been the subject of an unlawful stop or improper procedure at a DUI checkpoint, consulting a knowledgeable attorney can provide guidance and protect your rights.

Your Rights at a Traffic Stop

Knowing your rights during a traffic stop is crucial to protecting yourself and ensuring you do not implicate yourself. It can also significantly affect your case outcome. Your rights include the following:

Right to Remain Silent

Police are not required to read your Miranda rights at a DUI stop. Miranda warnings are the rights police officers must read to an arrested person before interrogating them. These rights come from the 5th Amendment of the U.S. Constitution, which safeguards you from self-incrimination.

At this stage, you are not considered “in custody,” so the officer doesn’t have to inform you of your rights before asking questions.

However, you can remain silent to avoid answering questions that could incriminate you. The police can use anything you say against you in court. You can calmly inform the police officer that you wish to exercise. This will set a boundary and clarify that you are unprepared to engage in a potentially incriminating conversation. A brief, respectful statement can be all it takes to protect your rights without escalating the situation.

You Have The Right To Refuse Field Sobriety Tests

Field Sobriety Tests are given during DUI stops to check a driver’s impairment. In many cases, it is better to refuse to undergo an FST. In California, you are under no legal obligation to take one as it is voluntary.

FSTs are subjective and may be influenced by various factors not related to alcohol or drug impairment, like nervousness or fatigue. Their results can often be misleading and may work against you if you face DUI charges. Knowing that your participation is voluntary is important, and you can avoid providing evidence that can create unnecessary challenges for your defense.

Rights During Chemical Testing

When a police officer suspects you of driving under the influence, they may request you undergo chemical testing. Chemical tests, sometimes called sobriety tests, are used to find out how much alcohol is in your system. By measuring your blood alcohol concentration (BAC), the police can determine if you are driving over the legal limit and are under the influence. These tests include breath, blood, or urine tests.

• Breath tests measure the amount of alcohol in your breath, estimating your BAC. The breathalyzer converts the alcohol content into blood alcohol percentages. While breath tests are quick and noninvasive, they can be subject to inaccuracies due to various factors, including calibration issues or improper administration.

• Blood tests analyze a blood sample to determine BAC and the presence of drugs. However, these tests require medical personnel to draw blood, and the process can introduce potential errors, such as contamination or delays in processing.

• Urine Tests—urine tests may be used, particularly in cases involving suspected drug use. They can detect substances longer than blood tests but may not accurately reflect current impairment.

Each test method has its procedural requirements and potential for error. You can strengthen your case if the tests were not performed according to the state’s mandated procedures.

Right To Refuse Chemical Testing

In California, drivers are subject to “implied consent” laws, which state that by driving a vehicle, you consent to chemical testing if you are suspected of drinking alcohol. However, this does not mean you have no rights when submitting to these tests. You can refuse chemical testing, although this decision can carry significant consequences.

Refusing chemical tests violates the implied consent laws and can result in immediate penalties, such as revocation of your driver’s license for one year. Law enforcement can also interpret your refusal as evidence of your guilt, which can lead to arrest. If you refuse to take the tests and are later found guilty of a DUI, the court can use that refusal to decide if you should receive harsher penalties.

Your decision to refuse a test should be made after careful consideration of the possible consequences.

Your Rights After a DUI Arrest

In California, the law guarantees certain rights after your arrest, particularly regarding your knowledge of the charges against you, your right to a fair trial, and the rest of the process. Knowing your post-arrest rights is important to overcoming this difficult time and upholding your legal rights.

The Right to Legal Counsel

The right to contact a lawyer often hinges on how the police handle questioning or interrogation if officers suspect you have consumed alcohol during or before your drive. Knowing when and how to contact your attorney for legal representation becomes crucial at this phase.

If you are stopped, arrested, or charged, you do not automatically have the right to an attorney unless the police start questioning you or if you are not yet in custody. During a DUI stop, you will only have access to an attorney if the officer allows you to make a call. This scenario might suggest the officer believes you were drinking or using drugs before or while driving. If they gather enough evidence, they may take you to the precinct for further detention.

Right to be Informed of Charges

You have a right to know the charges against you if you were arrested for driving under the influence. This right is essential to understanding the accusations and developing a strong defense. The charges must be explained to you by police officers through a formal booking procedure. You may contest the legitimacy of your arrest and any subsequent actions if you are not informed of the charges.

Whether you hire an attorney, negotiate a plea deal, or prepare for trial, fully aware of the charges allows you to engage in the legal process more effectively.

Right to a Fair Trial

Under the Sixth Amendment, every defendant has the right to a speedy and public trial by an impartial jury. This right ensures the legal proceedings are conducted fairly, without bias or undue delay.

This means you can present evidence, call witnesses, and confront the prosecution’s case against you. Additionally, you have the right to legal representation, which can significantly influence the outcome of your trial. An experienced attorney can help navigate the intricacies of DUI laws, challenge the prosecution’s evidence, and advocate on your behalf to secure the best possible outcome.

Right to Contest Evidence

You can contest any evidence presented against you after being arrested. This involves challenging the legitimacy of the traffic stop and the accuracy of the chemical test results. For example, the evidence or the charges may be dismissed entirely if the officer did not follow the correct protocols during the traffic stop or testing.

You also have the right to contest the facts surrounding your arrest. If law enforcement violated your rights—for example, by failing to read you your Miranda rights—you may be able to argue that any statements you made, or evidence obtained after your arrest should be excluded from your case.

Your Miranda Rights During a DUI Arrest

Miranda rights apply in all custodial interrogations, including DUI cases. The U.S. Supreme Court ruled that arrestees must be informed of these rights if two conditions are satisfied:

• You have been placed in custody and not allowed to leave.

• The police want to conduct a “custodial” interrogation, which means questioning you after arrest.

However, the authorities do not need to provide a Miranda warning if you have been allowed to go or are not being questioned. There are also no exact words that must be used for a Miranda warning. Provided your rights are plainly explained, any phrasing works. In most DUI cases, the warning is usually:

• You have the right to stay silent.

• Anything you say can be used against you in a court of law.

• You have the right to speak with an attorney and have them with you during questioning.

• If you cannot afford to hire an attorney, one can be provided for you before questioning.

After that, the police officer will ask if you will give up your rights and talk to them. You shouldn’t waive your constitutional rights. You can invoke your rights at any point, even if you have already started talking to the police.

Legal Defenses to a California DUI Charge

When faced with a DUI charge in California, various defenses can be employed to contest the allegations. These defenses can range from procedural missteps to issues regarding the evidence against you. These defenses include:

Challenging the Traffic Stop

Any evidence obtained may be deemed inadmissible if the DUI stop was unjustified. Grounds for contesting the stop include:

• Did the police have a valid reason to pull you over? This often means the officers must have observed some violations, like swerving or speeding, to pull you over. If you demonstrate that the officer lacked probable cause, the prosecutor’s case may significantly weaken. For example, if you were driving perfectly and were stopped without any justifiable reason, this could undermine the prosecution’s case against you.

• Bias or improper criteria—Sometimes, stops may be influenced by bias or based on improper criteria. If a police officer targeted you for reasons unrelated to actual driving behavior—such as race or appearance—this can be grounds for challenging the stop’s legality.

• Failure to notify the public about checkpoints—California law requires that DUI checkpoints be publicized in advance. If the authorities fail to provide proper notice of a checkpoint, any arrests made there could be contested. This lack of notification raises questions about the checkpoint’s legality and fairness.

• You legally avoided a checkpoint—If you maneuvered away from a checkpoint legally, without breaking any laws, this can also serve as a defense. The prosecution must prove you were trying to evade law enforcement, which can be difficult if your actions were lawful.

Issues with Chemical Testing

Chemical tests, including blood, urine, and breath tests, are often essential in DUI prosecutions. However, these tests may be inaccurate. You can use these as a defense:

Results Inaccuracies

Despite being widely used, equipment like breathalyzers are prone to giving inaccurate readings. Several things, including user error, wrong calibration, or malfunctioning equipment, can cause misleading results. The results may be questioned if you can demonstrate that the test was flawed.

Problems with Test Administration

California has requirements regarding how tests are administered. If a police officer fails to follow standard operating procedures during testing, the test results could be invalidated.

Medical Conditions Affecting Results

Certain medical conditions can impact a person’s ability to perform tests accurately, leading to false positives.

Certain people may have health conditions like acid reflux or diabetes, which could result in symptoms that resemble drunkenness. For example, people with diabetes may have a fruity-smelling breath caused by ketones, which can be mistaken for alcohol.

Lack of Impairment

Just because you were charged with a DUI does not automatically mean you were impaired. Establishing that you were not impaired while driving is a critical defense strategy.

You can present various forms of evidence to support your claim of non-impairment. This might include statements from passengers or bystanders who observed you driving or video footage showing your behavior behind the wheel.

Each DUI case presents its unique set of circumstances and potential arguments. Whether it is questioning the legality of the traffic stop, challenging the validity of chemical tests, highlighting medical conditions, or demonstrating a lack of impairment, an experienced attorney can help you navigate these defenses effectively. Understanding these aspects can empower you to assert your rights and work toward a more favorable outcome in your case.

The role of legal counsel in your DUI case

A DUI defense attorney can guide you through the legal process, help you understand your rights, and navigate the complexities of the legal system. Below are reasons why you should hire a DUI attorney in your case:

Clarifying your legal options

If you are charged with DUI, an attorney can explain your options—mitigation, reduced sentence, or even dismissal of the case. This understanding will allow you to make more informed decisions about how to proceed. Your attorney might suggest that you take part in an alcohol education program or other court-mandated programs.

Safeguarding Your Rights

An attorney ensures that law enforcement follows proper procedures. They can also challenge any procedural errors that happened during the time of your arrest.

A thorough evaluation of your case

Your attorney will analyze all facts surrounding your arrest. This entails going through your test results from the DUI, conducting an interview with the witnesses present at the scene, and studying the police records. Using these, they are in a position to point out weaknesses and strengths in your case.

Solid Representation in Court

Your lawyer will represent you in court by providing evidence on your behalf. After reviewing your case, your attorney will develop a personalized defense strategy. This might involve questioning the legality of the traffic stop or disputing the accuracy of chemical tests. Their goal is to create a strong argument that supports your side. Their experience in the courtroom will be important for your defense.

Plea Bargaining

If your case goes to trial, your attorney may be able to negotiate a plea bargain with the prosecution. This may involve pleading to lesser charges or obtaining reduced penalties.

Find A San Diego Dui Defense Lawyer Near Me

Hiring an attorney for your DUI case is about more than just obtaining legal counsel. It is about defending your legal rights and ensuring that you have a knowledgeable advocate on your side. They can walk you through the DUI process and better your chances for a desirable court outcome.

If you are facing a DUI charge in San Diego, you can contact the Law Offices of Anna R. Yum. Our team of professionals is here to help you defend your rights. Call us today at 619-493-3461 to schedule an appointment.