A driver may not be lawfully stopped if all the equipment (lights, taillights, brake lights, license light, etc.) is working and no speeding, “California Roll” or other infraction (moving violation) is observed by a San Diego DUI officer.
If detained and suspected of DUI in San Diego, all you are required to give is some form of (1) license, (2) insurance and (3) registration.
The San Diego police are usually not on your side at this point, so pay attention carefully.
Do not to give San Diego police evidence that will be used against you in San Diego court.
The police will try to get you to talk. So when you are questioned by a San Diego police officer (before arrest), you are NOT in custody to trigger admonition of Miranda rights.
So when you politely refuse to answer the San Diego officer’s questions relating to her or his San Diego DUI investigation, either before or after the arrest, there will no be any statements which can thereafter be used against you in San Diego California court.
DUI Field Sobriety Tests are optional in San Diego and California. So if you voluntarily try to these roadside acrobatics, you will likely be arrested in any event.
Do not blow in a hand-held breath test gadget aka a PAS or preliminary alcohol screening test. If you are more than 21 years of age, this PAS test is also voluntary so you have the right to refuse this type of breath test in the roads of San Diego.
When provided with a choice of blood, breath or urine test after arrest, choose a urine test if it is available as it is the most unreliable. The officer will likely only offer a blood or breath test in San Diego. If no urine test is allowed upon request, choose a breath test. Breath machines “estimate”. They are not 100% accurate, reliable or trustworthy. Numerous possibilities for error exist throughout San Diego. You o not have the right to speak with a San Diego DUI lawyer or criminal defense attorney before deciding which test to take.
Telephone a spouse, parent, friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety. When released, consult with an experienced San Diego California DUI defense attorney.
The best way to avoid a San Diego DUI conviction or California DMV suspension is to not drink and drive to excess.
Purchasing a Portable Breath Tester may help ballpark your BAC before you drive in San Diego county, lawyers suggest.
These are some of your rights. Read here for more information.