What to Expect During a DUI Stop in San Diego
Getting pulled over on suspicion of DUI in San Diego can be intimidating and confusing. Most people aren’t sure what their rights are, what the officer is looking for, or how their actions could affect their case later. Knowing what to expect during a DUI stop can help you stay calm, protect your rights, and avoid making mistakes that could hurt your defense.
The Initial Traffic Stop
A DUI stop usually starts with an alleged traffic violation; speeding, swerving, or something as simple as a broken taillight. Once you’re pulled over, the officer will:
- Approach your car and ask for your driver’s license, registration, and proof of insurance.
- Observe your demeanor, speech, and behavior for signs of intoxication.
- Look for physical indicators such as red eyes, slurred speech, or the smell of alcohol.
At this stage, you are only being investigated. How you interact with the officer may determine whether the stop escalates.
Questioning by the Officer
The officer will likely ask if you’ve been drinking or where you are coming from. You are required to provide your identification and basic information, but you are not obligated to answer incriminating questions. Politely declining to discuss alcohol use is within your rights. Anything you say can and will be used against you in court.
Field Sobriety Tests (FSTs)
If the officer suspects impairment, they may ask you to perform field sobriety tests, such as:
- Walking heel-to-toe in a straight line
- Standing on one leg
- Following a moving object with your eyes (the horizontal gaze nystagmus test)
It’s important to know that these tests are voluntary in California. They are designed to gather evidence for an arrest, and many sober drivers struggle with them due to nerves, balance issues, or poor instructions.
The Preliminary Breath Test (PAS)
The officer may also request that you blow into a handheld breathalyzer at the roadside. Like field sobriety tests, this roadside breath test is optional for most drivers.
Exceptions:
- Drivers under 21
- Drivers on DUI probation
In those cases, refusal can bring additional penalties.
Arrest and Chemical Testing
If the officer believes they have probable cause, they will arrest you for DUI. At that point, California’s implied consent law requires you to submit to a chemical test, either a breath or blood test, at the station or hospital. Refusing this test can lead to an automatic license suspension and additional penalties, even if you are never convicted.
Your Rights During a DUI Stop
- You must provide license, registration, and insurance
- You may politely refuse to answer questions about drinking
- You may decline field sobriety tests and roadside breath tests (unless under 21 or on probation)
- You cannot refuse the official post-arrest chemical test without facing severe consequences
How a DUI Lawyer Can Help
What happens during your DUI stop will shape the rest of your case. Police reports, officer testimony, and test results are the core of the prosecution’s evidence. A skilled San Diego DUI lawyer can:
- Challenge whether the officer had legal cause to pull you over
- Review whether field sobriety tests were administered correctly
- Examine the accuracy and handling of breath or blood tests
- Use mistakes made during the stop to fight for reduced charges (or dismissal)
Attorney Rick Mueller, a San Diego DUI specialist, has years of experience challenging police procedures and test results. His expertise can make a critical difference in protecting your record, your license, and your future.
Take Control After a DUI Stop
A DUI stop in San Diego is stressful, but understanding the process helps you stay prepared. If you’ve already been arrested, don’t wait, the earlier you involve an experienced lawyer, the more options you’ll have for building a strong defense.
Contact California DUI Lawyers Association Specialist, Rick Mueller, today for a free consultation. He knows the ins and outs of DUI stops in San Diego and can help you protect your rights from the very start.
What to Expect During a DUI Stop in San Diego