Field Sobriety Tests
Phone: (619) 237-0384 Fax: (619) 237-0109
110 West C Street, Suite 1400 San Diego, CA 92101
110 West C Street, Suite 1400 San Diego, CA 92101
SAN DIEGO DUI FAQS
Frequently Asked Questions about San Diego DUI ChargesWebsite Created by San Diego DUI Lawyer G. Cole Casey
AN EXCLUSIVE DRUNK DRIVING DEFENSE FIRM
What will happen on my first court date for the San Diego DUI charges against me?
Will I have to attend my first DUI hearing if I have retained an attorney?
The police did not read me my Miranda rights, will my DUI case be dismissed?
I only blew a .07%. Why was I still arrested and charged with a DUI?
I smoked a little pot, but I didn't drink. Why am I being charged with DUI?
How can they charge me with DUI if I was pulled over for just speeding?
Why is there no speeding charge on my ticket, only DUI?
The police misspelled my name on the citation. Will my DUI charges be dismissed?
I didn't give the cops perimission to search my vehicle, but they did.
Were my rights violated? Was it an illegal search of my property?
If the officer doesn't show up at my initial court date, will my DUI be dismissed?
Is it true that I should refuse a breath or blood alcohol test?
Will the court count prior DUI convictions in other states against me?
What is a wet reckless?
My Blood Alcohol test results were over .08%.
Do I have any chance of winning at my DMV hearing?
Should I just plead guilty if my blood alcohol content was over .08%?
Why should I pay for a DUI lawyer when I can get a Public Defender for free?
What is an expungement? Will an expungement clear up my record?
Will I be charged to speak to a lawyer about my DUI case?
How long will it take to settle my San Diego DUI case?
How is the DMV
suspension or revocation for my DUI arrest different
from the suspension or revocation following my conviction
in criminal court?
Will I lose my driver’s license due to my San Diego DUI arrest?
What if it’s been longer than 10 days since my drunk
driving arrest?
Will I still be allowed to file for a DMV hearing?
What if I can't afford to pay a retainer fee for my drunk driving case?
Will my insurance policy be cancelled due to my recent DUI arrest?
If I'm stopped for driving under the influence, am I entitled to talk
to an attorney before I decide which chemical test to take?
Will the court hold it against me if I hire and attorney and contest my DUI?
If I hire an attorney, will my San Diego DUI case automatically go to trial?
The officer issued me an Order of Suspension and Temporary License.
What am I supposed to do with this document?
I've just been arrested for DUI in San Diego. What happens now?
I was pulled over, detained, and interrogated by a cop at a San Diego roadblock.
Is this legal?
Q1: What will happen on my first court date for the San Diego DUI charges against me?
The first scheduled court appearance for a DUI in San Diego is termed an "arraignment". At this hearing you will be asked to enter a plea (guilty, not guilty, or no contest) in reponse to the DUI charges against you. Typically, the police report taken at the time of your DUI arrest and a Complaint are presented to the court. Q2. Will I have to attend the first hearing if I have retained an attorney?
If you have been charged with a misdemeanor DUI in San Diego County, and have retained an attorney, you will typically not need to be present for the first court appearance. In a San Diego felony DUI case, your attendance at the arraignment is mandatory, regardless of whether you have retained an attorney on the matter. 
Q3. The police did not read me my Miranda rights, will my DUI case be dismissed?
Law enforcement personnel are required to read you your "Miranda rights" only if you are under arrest (taken into custody), and are going be interrogated (questioned about your alleged crime). Although failure to provide you a Miranda warning will not automatically constitute a dismissal of your drunk driving case, any statements that you made without having been read your legal rights could be suppressed and made inadmissible as evidence in court by a good DUI attorney. Q4: I only blew a .07%. Why was I still arrested and charged with a DUI?
Any Blood Alcohol Concentration (BAC) level or presence of drugs in your body while operating a motor vehicle can constitute an arrest for DUI in San Diego. Your performance when subjected to field sobriety tests for balance & coordination, as well as your observed driving behavior such as weaving, speeding, etc., will determine whether the police officer considers you to be impaired and driving drunk or under the influence of drugs.
Q5: I smoked a little pot, but I didn't drink. Why am I being charged with DUI?
In San Diego, DUI is defined as "Driving Under the Influence" of alcohol OR drugs. You could be arrested for DUI if you are suspected of being high, or stoned, and believed to be chemically impaired while operating a motor vehicle. Q6: How can they charge me with DUI if I was pulled over for just speeding?
A police officer has probable cause to stop you if he or she observes you speeding, or committing any other type of traffic violation or crime. If, once pulled over, the officer's suspicion that you are driving under the influence is aroused based on the smell of alcohol or drugs, an admission to drinking, etc., you can be subjected to any variety of field sobriety tests and then potentially arrested for DUI.
Q7: Why is there no speeding charge on my ticket, only DUI?
DUI is the more serious infraction, and therefore, the crime you will be cited for. The police report regarding your DUI arrest will reflect the fact that you were speeding and will be taken into account by the prosecution when plea bargaining or trying your case.Q8: The police misspelled my name on the citation. Will my DUI charges be dismissed?
No, a minor deviance or error in spelling will not constitute grounds for dismissal of the pending DUI charges against you.
Q9: I didn't give the cops perimission to search my vehicle, but they did. Were my rights violated? Was it an illegal search of my property?
Not necessarily. If the police officer can prove substantial reason to suspect that your vehicle contained an illegal substance or evidence of a crime, then he or she is considered to have probable cause to search the entire passenger cabin, and in some cases, any containers or packages present in the front section of your automobile. When an arrest involving a vehicle is made, the law imposes a lesser expectation of privacy. A good DUI attorney will explore proper probable cause when trying or plea bargaining your case.Q10: If the officer doesn't show up at my initial court date, will my DUI be dismissed?
No. A DUI is not considered a traffic infraction; it is a misdemeanor crime. Incidentally, the arresting police officer's presence in court is only required during the trial phase of your San Diego DUI case, not for your arraingnment ( initial court hearing ).
Q11: Is it true that I should refuse a breath or blood alcohol test?
No, in California you should never refuse to submit to a chemical test. Even if your DUI charge is ultimately dismissed, your driver's license will be automatically suspended for one year pending a refusal to consent to a blood or breath alcohol test. Also, a DUI conviction in the face of a BAC test refusal can often incur more severe penalties, including a jail sentence. Although a good DUI defense attorney will attempt to refute a "consciousness of guilt" allegation for refusing a chemical test, the prosecution will likely claim that your refusal was due to a high BAC ( Blood Alcohol Concentration ) level.Q12: Will the court count prior DUI convictions in other states against me?
Yes, in all likelihood prior DUI or DWI convictions will be of significant consideration when trying or plea bargaining your case, and your current DUI conviction will be a considered a multiple (second, third, etc.) offense, as applicable. Accordingly, previous DUI offenses will typically incur more severe penalties if you are ultimately convicted, such as a lengthier jail sentence, higher fines, and a more intensive court ordered alcohol rehabilitation program.
Q13: What is a wet reckless?
A wet reckless is defined as driving with a blood alcohol level below .08%, the legal limit for operating a motor vehicle in California. A common plea bargaining resolution to San Diego DUI charges for first-time offenders, a "wet reckless" will remain on your record for ten years and will be considered a DUI offense in the event you incur another DUI resulting in a conviction within this ten year period. The fines and penalties for a wet reckless will be reduced from those typically imposed for a DUI.Q14: My Blood Alcohol test results were over .08%. Do I have any chance of winning at my DMV hearing?
Yes. Blood Alcohol Content tests are not foolproof, therefore the discovery process of your case could uncover procedural errors, faulty equipment usage, improper testing methods, etc. that would be grounds for a dismissal or reduction of the DUI charges against you. A good DUI defense attorney will exploit the weaknesses and opportunities in the state's case against you.
Q15: How can I win a DMV hearing if my test results were over .08% BAC?
The burden of proof falls on law enforcement to convince the DMV that they performed the Blood Alcohol tests in adherence to proper procedural requirements before your driver's license will be subject to suspension. The DMV hearing is a crucial factor in defending San Diego DUI cases. We are very successful in having our client's driver's license preserved. Please see our "License Suspension" web page.Q16: Why should I pay for a DUI lawyer when I can get a Public Defender for free?
San Diego Public Defenders, by their very nature, tend to juggle numerous cases across a broad spectrum of crimes and might not be prepared for all the scientific aspects, technicalities, and delicate intricacies regarding the complexity of a DUI case. Also, you need to be able to prove indigence in order to qualify for the services of a Public Defender, who will be assigned to a specific courtroom to manage all of the cases that day for the indigent defendants who did not retain an attorney to represent them. Your case would be just one of many. When facing the serious implications of drunk driving charges, hiring a private attorney who devotes his or her entire practice to defending DUI will provide you with the most experienced and qualified legal defense. A DUI Specialized attorney will not allow you to plead guilty, but will thoroughly investigate your case and will be in the courtroom for the sole purpose of defending YOU.
Q17. What is an expungement and will it clear up my record?
At the discretion of the court, an adult misdemeanor conviction can be expunged under Penal Code section 1203.4. Rather than your record being "cleaned", a guilty verdict or no contest plea can be "set aside", effecting a dismissed DUI conviction. An expungement will not apply to all misdemeanors and will still require disclosure in response to a direct questionnaire or application for public office or governmental licensure. However, an expungement would exclude necessary disclosure of the DUI conviction to a prospective private employer. Q18: Will I be charged to speak to a lawyer about my DUI case?
No. Your initial consultation with our office is free, and there is no obligation for obtaining a professional evaluation of your San Diego DUI case.
Q19: How long will it take to settle my San Diego DUI case?
San Diego DUI cases vary in length depending on many factors such as
whether your case is a misdemeanor or a felony, a first or multiple offense, involves enhancements, and is negotiated or taken to trial, for example. Most DUI cases typically span a mininimum of several months.
Q20: How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?
The DMV suspension or revocation is
an administrative action taken against your driving
privilege only. The suspension or revocation following
a conviction in court is a mandatory action for which
jail, fine, or other criminal penalty can be imposed.
Q21: Will I lose my driver’s license due to my San Diego DUI arrest?
In most of our cases, our clients are allowed to retain their driving priveleges, but please ACT QUICKLY by contacting our office as soon as possible. The time allowed to respond to the California Department of Motor Vehicles to request a hearing on your behalf is limited. Q22: What if it’s been longer than 10 days since my drunk driving arrest? Can I still file for a DMV hearing?
Yes. We can usually arrange for a DMV hearing for you, depending on the circumstances in your case, even if it is past the ten day period. Please discuss the need for a late hearing request with us as soon as possible.
Q23: What if I cannot afford to pay the retainer fee for my drunk driving case?
We understand that your DUI arrest was an unexpected misfortune and unplanned expense. For this reason we offer a variety of financing options and payment methods including American Express, Visa, and Mastercard. Our office can assist with payment arrangements that work for you . Q24: Will my insurance policy be cancelled due to my recent DUI arrest?
Even if you are ultimately convicted of your DUI, you will be presumed innocent until proven guilty. Your insurance company is prevented by law from taking adverse action against you based on pending charges. If necessary, our office can assist you in asserting your right to be insured.
Q25: If I'm stopped for driving under the influence, am I entitled to talk to an attorney before I decide which chemical test to take?
In San Diego you have the right to speak with an attorney only if you are under arrest and charged with a crime. Q26: Will the court hold it against me if I hire an attorney and contest my DUI?
Absolutely not. It is your constitutional right to challenge any criminal allegations and related evidence to be used against you. In fact, most Judges are more comfortable presiding over cases involving defendants who are represented by counsel, as attorneys are much more familiar and accustomed to the formalities and procedures of the court than self-representing defendants, whose lack of legal experience is often perceived as disruptive.
Q27: If I hire an attorney, does that mean that the case will automatically go to trial?
No. As a matter of fact, WHO you hire as an attorney is just as important as HOW they go about resolving your DUI case. A reputable attorney who is well known for his DUI Jury Trial victories by the District Attorney's office and his peers, is much less apt to be challenged in the courtroom due to the likeliness of the Prosecutor's defeat. The State seeks to try only cases that they are likely to win; a successful trial attorney acting on your behalf will likely thwart an effort to prosecute you to the fullest extent of the law. A DUI lawyer known for stellar courtroom performance is always in a better position to negotiate a favorable pretrial settlement for you. Q28: The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?
You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver's license and your driver's license is not expired, or your driving privilege is not suspended or revoked for some other reasonThe officer is required by law to immediately
forward a copy of the completed notice of suspension
or revocation form and any driver license taken into
possession, with a sworn report to the DMV. The DMV
automatically conducts an administrative review that
includes an examination of the officer's report, the
suspension or revocation order, and any test results.
If the suspension or revocation is upheld during the
administrative review, you may request a hearing to
contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
Q30: I was pulled over, detained, and interrogated by a cop at a San Diego roadblock. Is this legal?
Roadblocks as a measure to curb drunk driving in San Diego are legitimate so long as the police officers manning the roadblocks use a random method of selection which precludes the "probable cause" law, such as stopping every fourth car, and the delay and inconvenience to drivers is kept to a mininmum. Please click for more information on sobriety checkpoints in San Diego.
G. Cole Casey heads the top San Diego drunk driving defense law firm. As a well known San Diego DUI lawyer, his proven track record and DUI jury trial case results are unmatched and unprecedented by any other DUI attorney in the region.
Call us twenty four hours a day at (619) 237-0384 or Email Us now to discuss a legitimate and effective defense strategy for your driving under the influence case.
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The Law Offices of San Diego DUI Lawyer G. Cole Casey, Esq. 110 West C Street, Suite 1400 San Diego, CA 92101 Tel
619.237.0384