San Diego police stops a person for whatever reason. Upon greeting the San Diego driver, the San Diego DUI officer smells the odor of alcohol.
The San Diego DUI officer then often starts a full-blown San Diego DUI investigation, including an interview with San Diego DUI routine questions about how much the driver drank, when the driver last ate, when the driver had the last drink and whether or not the driver felt the effects of alcohol.
San Diego DUI acrobatics tests and often a hand-held San Diego DUI breath test, the San Diego driver is arrested and taken to the San Diego DUI jail for booking and more San Diego Drunk Driving chemical testing.
California’s DUI “Implied Consent” law kicks in after a driving under the influence of alcohol arrest has been made and the CHP officer legally has to offer the DUI suspect a choice of a blood or breath test.
At this point many San Diego folks, including the San Diego DUI suspect in this hypothetical may feel that they have a legal right to have a San Diego DUI attorney present for the test or that there exists a right for them to consult with a San Diego DUI lawyer at this point of the San Diego Drunk Driving investigation. However, as San Diego DUI attorneys will tell you, this is is not the case.
If a San Diego DUI suspect refuses to take a San Diego DUI chemical test unless they have a San Diego DUI attorney present, the law looks upon this as a refusal. The Fifth Amendment to the United States Constitution provides a privilege against self-incrimination.
Per a 1971 case of Goodman v. Orr, the California Appellate Court ruled that collecting a sample for chemical testing of a DUI suspect is legal in order to determine if that person is under the influence of alcohol or drugs, and does not violate this privilege against self-incrimination. Goodman v. Orr is now in the language of California Vehicle Code section 23612(a)(4): the officer shall inform the suspect that she does not have the right to a (San Diego DUI) attorney before she decides which test to submit to.
If arrested for a San Diego DUI even though it may seem like you have the right to a lawyer before you decide which chemical test to take, you actually do not have the right to a San Diego California drunk driving attorney at this stage, according to the Goodman v. Orr case and CVC section 23612(a)(4).
Our Fifth Amendment privilege against self-incrimination or an invoked “imagined right” to a California DUI attorney at this stage of the CHP’s investigation affords no defense to a chemical test refusal action by the DMV and criminal charge the San Diego DUI prosecutor.