Stopped For a DUI? Know Your Legal Rights and Obligations in California
During the summer holidays, you can expect to see more and more DUI checkpoints and “saturation” patrols in the San Diego area. While every case is different, if you are stopped you will likely be asked for a breath sample, and/or to participate in field sobriety tests (FSTs). It is important to know your rights before you are stopped, since you do not have the right to consult with an attorney before responding to these types of requests. Making the wrong choice because you did not understand your legal rights could hurt your case and increase the likelihood of being convicted of DUI. We recently discussed the issue in our article about the DUI charge faced by actor Vince Vaughn. He may have made a poor choice in agreeing to FSTs, and a video of the FSTs could provide the strongest evidence against him. Here are some examples of commonly asked questions, the answers to which every San Diego driver should know:
_____Q. Am I legally required to submit to FSTs?
_____A. No.
_____Q. Do I have to answer questions about how much I drank or where I’ve been?
_____A. No.
_____Q. Do I have to provide a breath sample with a Preliminary Alcohol Screening _______device to the police prior to being arrested?
_____A. No (unless you are under 21, or, in some cases, if you are on probation).
_____Q. Am I required to submit to and complete a chemical test after being arrested for _______DUI?
_____A. Yes. Refusal to submit could have a serious impact on your driver’s license.
Know your rights under California law and if you are facing a DUI or any criminal charge, or to learn more about how to handle a DUI stop, contact the criminal defense team at David P. Shapiro Criminal Defense Attorneys today. We can help!
Author Bio
David P. Shapiro, the managing partner and founder of a leading San Diego criminal defense firm, is driven by an unwavering commitment to providing the best possible representation to his clients facing criminal charges. With a deep understanding of the fear, uncertainty, and concern for one’s future that his clients experience, David approaches each case with empathy and dedication, advocating tirelessly for their rights and freedoms.
Focused on complex and high-stakes cases, David handles a wide range of serious charges, including felonies, violent crimes, sex crimes, drug offenses, and white-collar crimes. Since establishing his practice in 2010, David has earned a reputation as one of San Diego’s most respected criminal defense attorneys.
His firm has been recognized by LawFirm500 as one of the nation’s fastest-growing law firms and was a 2022 Better Business Bureau Torch Award for Ethics Winner. The San Diego Business Journal named David’s firm the 17th Fastest Growing Private Company in San Diego from 2019-2021 and recognized David as one of San Diego’s 500 Most Influential People in 2022. With a strong dedication to his clients and community, David continues to be a driving force in the San Diego legal landscape.
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