San Diego DUI Charges, Common Questions

The San Diego DUI defense lawyers at Steigerwalt Law Firm offer these answers to the most common DUI questions:

If you have been charged with drunk driving, contact the San Diego DUI Defense Lawyers at Steigerwalt Law Firm for a no-charge, no-obligation initial consultation. We look forward to helping you.

Q – Who was Driving?
A – The prosecution must prove that the defendant was in fact the one driving the vehicle. In a case where there are no witnesses to an accident, intoxication is not enough.

Q – Was there Probable cause?
A – There must be evidence provided that the officer had probable cause to stop, detain and arrest.

Q – Were you read your Miranda Rights?
A – If the arresting office did not timely give a Miranda rights warning to the defendant, the defendant's incriminating statements may be excluded from the evidence in court.

Q – Were you given implied consent warnings?
A – In some states (including California), if a chemical test was refused or given incorrectly, and you were not advised of the consequences of this, it may be a reason to invalidate a DMV license suspension based upon your refusal to provide a breath/blood sample.

Q – Were you assumed to be under the influence?
A – The officer's observations and opinions that you failed the test can be questioned. The circumstances under which the field sobriety tests were given can be disputed, and witnesses can be called to testify that you appeared to be sober.

Q – Faulty tests created a skewed blood-alcohol concentration?
A – There exists a wide range of potential problems with blood, breath or urine testing. Many different defects in analysis can be brought out in cross-examination of the state's expert witness.

Q – Were you tested during the absorptive phase?
A – The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol. Food in the stomach slows alcohol absorption and may delay it from reaching the brain, so the blood alcohol test results will not accurately show how sober you were.

Q – Was the protocol followed during the blood-alcohol testing?
A – The prosecution must prove that the blood, breath or urine test complied with state requirements.

If you or someone you love has been charged with a DUI or a DUI-related offense, you need to act quickly and contact the San Diego DUI Defense Lawyers at Steigerwalt Law Firm immediately.  If you delay, you risk putting your freedom, property, and livelihood in jeopardy, and every second you hesitate is less time for our attorneys to help protect your rights.  Contact us for a no-charge, no-obligation initial consultation. We look forward to helping you.

Here are some other commonly asked questions in regard to being charged with driving under the influence:

Q – If I am asked to take a chemical test what happens if I refuse?
A – If you refuse to take either a blood, breath or urine test there can be several penalties, based on what state you are arrested in. Most likely our driver’s license will be suspended even if you are not convicted of the charge and in California this would be for one year. Some states count it as a separate crime and it can add jail time if you are convicted. A refusal also can be used by prosecutors as a consciousness of guilt in court. One factor that may be considered in deciding whether or not to refuse the test is whether the driver expects a very high blood-alcohol level to be found.

Q – If I do take a chemical test which one should I take?
A – Many states, including California, no longer offer the urinalysis test. By choosing a breath test many states allow you to have a second test of either blood or urine because breath samples cannot be saved and tested by the defense. The blood sample is in most cases the most accurate so the more confident you are that you are not drunk this would be the best choice. Breath machines can have measurement problems and urinalysis is the least accurate. So, if you live in a state in which urinalysis tests are given and believe that you have a high-alcohol level that would probably be the best choice.

Q -- What happens if I live in California and get a DUI in another state?
A – The likelihood is that the other state will contact your state and you could face charges in both states as part of the Driver’s License Compact. It is never a good idea to ignore criminal charges, even if they occur in another jurisdiction. In this case you face losing your driver’s license and having additional penalties imposed. The best way to avoid trouble is to contact your attorney as soon as possible for experienced and accurate legal advice rather than trusting what your friends might tell you.

Q – If I’ve been drinking and I’m pulled over by a police officer do I have to answer the officer’s questions?
A – The law protects citizens from making incriminating questions. If you wish, you may answer “Before I answer any questions I would like to speak to an attorney.” The circumstances of your drinking certainly come into play. If you have had only a glass of wine or a beer that would explain why your breath might smell of alcohol and is not an incriminating statement. Remember that the more information that you provide an officer the more that can be used against you. Under all circumstances, however, you should also respect the officer.

Q – What are police officers on the lookout for when they are patrolling for drunken drivers?
A – This list of warning signs to police is taken from National Highway Traffic Administration statistics:

• Making a wide-radius turn
• Driving over the center of a lane marker
• "Appearing to be drunk"
• Almost striking object or vehicle
• Weaving
• Driving on other than designated highway
• Swerving
• Driving at a speed more than 10 mph below limit
• Stopping without cause in traffic lane
• Following too closely
• Drifting
• Driving on the center or lane marker
• Braking erratically
• Driving into opposing or crossing traffic
• Making signals inconsistent with driving actions
• Responding slowly to traffic signals
• Stopping inappropriately (other than in lane)
• Turning abruptly or illegally
• Accelerating or decelerating rapidly
• Driving at night with headlights off

Q – What are the most common symptoms that officers find in drunken drivers?
A – This list of symptoms is taken from National Highway Traffic Administration statistics:

• Disoriented
• Alcohol odor on breath
• Slurred speech
• Flushed face
• Red, watery, glassy and/or bloodshot eyes
• Inability to understand the officer’s questions
• Staggering while getting out of the vehicle
• Leaning against the vehicle for support
• Inability to stand straight
• Inability to walk straight
• Inability to easily remove license from wallet
• Defensive or argumentative attitude
• Silly or laughing attitude
• Fumbling with wallet trying to get license