If you have ever wondered what could lead to a felony DUI charge, and what to do if you’re stopped by the police for a suspected DUI, this video by Partner Stefano Molea should answer many of your questions. At the outset, Stefano discusses the circumstances that might warrant a felony DUI charge. The answer, he explains, is (a) DUI causing an injury; (b) a fourth DUI within 10 years; or (c) a new DUI charge after having suffered a prior felony DUI conviction.

Stefano also provides guidance on what to do – and what not to do – if you are stopped by the police for a suspected DUI. First, do not answer the officer’s questions about where you’re going, where you came from, what you had to drink, etc. Those questions are designed to obtain statements that will be used against you if you are arrested, and inevitably will increase the chances of a conviction. Be polite and respectful, but do not answer any of law enforcement’s “intoxication interrogation” questions. The police may also ask you to perform field sobriety tests (FST’s). Stefano advises you should refuse to participate in these voluntary tests. These tests are difficult to “pass,” even if you are sober and in good physical shape. Moreover, you’ll be nervous because of the stop, and you’ll be providing the police with another opportunity to present additional evidence against you. Finally, you may be asked to take a breath or blood test. You should comply, but only after arrest. Do not voluntarily submit to a Preliminary Alcohol Screening (PAS) test on the side of the road. The PAS test is another FST and is 100% voluntary, unless submitting to it is a condition of your DUI probation. Once arrested, however, if you refuse to provide a blood or breath sample, the DMV will suspend your license, and the police should easily be able to obtain a search warrant for a forced blood draw.

One mistake could change your life forever. In a felony DUI case, your freedom, your job, and your ability to be with your family are all at stake. Make sure you treat the situation with the level of seriousness it deserves; retain the services of the best, locally experienced, criminal defense law firm you can possibly afford as soon as possible.

Our Managing Partner, David P. Shapiro, was honored to have been asked to deliver the Key Note Address at the graduation for Second Chance’s Job Readiness Training Class 270 on December 15. David’s speech to the Class focused primarily on all they had overcome to be in this moment, included a few mindset quotes of course, and how we all know, as the Class should, they didn’t come THIS far to ONLY come this far. 

Thanks to the entire Second Chance team, 20 justice involved individuals now have the skills AND the confidence to break the cycle of addiction, poverty and incarceration. Congratulations, again, Class 270!

December 15 was our Firm’s holiday extravaganza. The afternoon began with a great lunch at Seneca Trattoria on San Diego’s Bayfront. The LOODPS team reassembled that evening for the 3rd consecutive year to be front row center for Opening Night of The Nutcracker at San Diego’s Civic Theatre.

From all of us at the Firm, we hope that you have a safe and happy holiday season and that your 2024 gets off to a great start!