When Charged With a Crime ®

Many people are confused about exactly what Driving Under the Influence (DUI) is in California. In this short video, San Diego criminal defense lawyer Stefano L. Molea provides an overview of California’s DUI laws, including how the offense is defined. He also discusses what to do if you are pulled over for a DUI. The tips contained in the video include valuable information every driver needs to know.

Tip #1. Do you have to respond to certain questions asked by the cops, such as where you are coming from? NO! You do not have to answer these questions.

Tip #2. While you are being detained, do you have to submit to a hand-held breathalyzer test or a field sobriety test (FST)? NO! Prior to being arrested, you do not have to submit to a breath test or FST, unless you are already on DUI probation.

Tip #3. If you are arrested, and then asked to submit to a breath test or a chemical test, do you have to agree to the test? Technically No. While you can refuse, the refusal may trigger a 1-year license suspension. In addition, if you do refuse, the police likely will be able to obtain a warrant requiring you to submit to the test anyway.

If you have any other questions about DUI in California, in addition to watching Stefano's video, contact our Firm today to schedule a case evaluation with one of our attorneys.

The COVID pandemic has significantly impacted the criminal justice system throughout the country. In San Diego Superior Court, the goal was to get caught up on all arraignments by November. An arraignment is the first court appearance for those who have been formally charged with a crime. If you haven’t had your arraignment yet, don’t sit back and wait. Find out where your criminal case stands. If you have retained a San Diego criminal defense firm to represent you, call and ask what is going on. While a missed court date might not lead to a warrant for your arrest during the pandemic, it looks bad not only for your lawyer, but also (and most importantly) for you!

In this video, David P. Shapiro also speaks about how the court system is likely to function going forward. We expect status conferences, preliminary hearings, and motions will continue to be heard online, via Microsoft Teams, through early 2021. Our firm’s position is that we want to have live, in-person, hearings for the most important applications to the court, like motions to suppress, preliminary hearings, search and seizure motions, motions to dismiss for lack of evidence, and similar substantive applications. We remain able and willing to wait until the court can accommodate us, as long as our clients consent to the new dates and doing so is in their best interests. 

If you have questions about the status of your case, and they’re not being answered by your current attorney, for whatever reason, feel free to reach out to our Firm and we will do what we can to provide the answers you deserve.