1. When questioned for DUI before a San Diego arrest, you are not in custody for the purposes of Miranda warnings. If you politely refuse to answer any of the cop’s questions concerning the San Diego DUI investigation, either before or after the arrest, then there won’t be any statements that can be used against you in San Diego court.
2. San Diego DUI Field Sobriety Tests are completely voluntary. If you perform them, you may be arrested anyway. It may be better not to give the cop evidence that will be used against you in court. You can politely refuse to do the Field Sobriety Exercises.
3. Politely refuse to take the preliminary alcohol screening test. If you are older than 21, the test is voluntary and you have the right to refuse this type of San Diego breath test.
4. When given a choice of blood, breath or urine test after arrest, choose a urine test if it is available. It is the most unreliable; however, the San Diego officer may only offer a blood or breath test.
5. Choose a breath test. San Diego breath machines are not 100% accurate and there are many possibilities for error. See California DUI & Drunk Driving Defenses to San Diego County Breath Test.
6. Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety.
7. Always be polite and respectful to San Diego police officers. How you are perceived by a jury is extremely critical.
8. Always be on your best behavior.
9. Make a detailed list of all the events before being stopped up to and including being released from San Diego custody.
10. Retain an experienced San Diego DUI/DMV defense attorney to represent you. Only an experienced San Diego DUI/DMV defense attorney is able to spot your favorable issues and present them to San Diego prosecutor, judge , jury, or San Diego DMV hearing officer.