DUI Frequently Asked Questions

If you have been charged with a DUI in San Diego, California, drunk driving attorney Ian Pancer may be able to help you. Below are a list of frequently asked questions and their answers concerning a DUI in California. Please read through the questions and call attorney Ian Pancer for a free consultation about your case.

Q: Are there any specific behaviors that officers look for on the highways that indicate a driver is intoxicated?

A: Yes, the National Highway Traffic Administration has created a list of behaviors in descending order of probability that the person is driving while intoxicated:

Turning with a wide radius
Straddling center of lane marker
"Appearing to be drunk"
Almost striking object or vehicle
Weaving
Driving on other than designated highway
Swerving
Speed more than 10 mph below limit
Stopping without cause in traffic lane
Following too closely
Drifting
Tires on center or lane marker
Braking erratically
Driving into opposing or crossing traffic
Signaling inconsistent with driving actions
Slow response to traffic signals
Stopping inappropriately (other than in lane)
Turning abruptly or illegally
Accelerating or decelerating rapidly
Headlights off

Q: If a police officer stops me and asks if I have been drinking and I have, what should I say?
A. You are not required to incriminate yourself. You may answer honestly, or you may politely request to speak to an attorney.

Q: Are officers trained to notice symptoms of intoxication?
A. Yes, traditionally, the following symptoms are taught at the police academies:

Flushed face
Red, watery, glassy and/or bloodshot eyes
Odor of alcohol on breath
Slurred speech
Fumbling with wallet trying to get license
Failure to comprehend the officer's questions
Staggering when exiting vehicle
Swaying/instability on feet
Leaning on car for support
Combative, argumentative, jovial or other "inappropriate" attitude
Soiled, rumpled, disorderly clothing
Stumbling while walking
Disorientation as to time and place
Inability to follow directions

Q: What should I do if I am asked to take a field sobriety test?
A. You are not legally required to submit to a field sobriety test. The best option for you might be to politely decline. There are only three field sobriety tests that have been verified by the NHTA, and most people believe they are engineered to make the subject fail.

Q: What should I do if I am asked to take a chemical test?
A. In contrast to the field sobriety tests, there are severe consequences for refusing to submit to a chemical test. This test can be in the form of a breath, blood, or urine sample. In general, refusing to take a chemical test will have three adverse results:

Your driver’s license will be suspended.
You will go to jail immediately, in California it is for 48 hours.
The prosecution might use your refusal as “consciousness of guilt” in court.

Q: What happens if I take the breathalyzer and am over the limit of .08%?
A. The officer will confiscate your license and escort you to jail immediately.

IMPORTANT NOTE: You have only 10 days to request a hearing on the suspension and get an extension of a temporary license.

And finally, read through the following list of top ten mistakes often made by drivers charged with DUI. Make sure you do not fall into the same traps. Contact Ian Pancer today for a free consultation to discuss your options.

Not taking the matter seriously—Having a drunk driving conviction on your record will follow you the rest of your life. You will have to endure higher insurance rates, special expensive add-ons to your insurance, such as SR-22s, and many other inconveniences. This is not something to be taken lightly.
Not hiring an attorney—Although you may be legally able to defend yourself in this type of case, the truth is, only an attorney that specializes in drunk driving cases, like Ian Pancer, is someone who will know the best way to defend against a drunk driving charge.
Hiring an attorney based on fee alone—Because a conviction for drunk driving will follow you for the rest of your life, do your research and be sure you know the qualifications of an attorney before you decide to hire him or her. Ian Pancer will meet with you for a free consultation to discuss aspects and possibilities of your case.
Failing to meet the 10 day deadline to request a hearing with the DMV—If you do not request a hearing for a temporary license, you will be waiting, with no license for 90 days up to one year for a hearing with the DMV. Driving without your license at this time can incur further fines and even jail time.
Driving after your license has been revoked— If you lose your license due to this charge, and then decide to drive anyway, you will face substantial fine and jail time for this new charge.
Not requesting the officer be present at your DMV hearing—By not requesting the officer appear at your DMV hearing, the court will have to go by the report only. Having the officer at the hearing and testifying about his or her decision to suspend your license will allow your attorney to understand more fully the case. If the officer does not appear or cannot justify the suspension, you will get your license back.
Taking the District Attorney’s first offer—The first offer by the District Attorney is to get help clear the caseload of the court, and is not in your best interest. By accepting this offer, you will be giving up the chance to argue for your rights in court.
Failing to appear in court—This will result in a warrant out for your arrest, and when you are pulled over for any infraction, you will find yourself in jail.
Talking to anyone other than your attorney about your case—Relying on advice or information from anyone other than a qualified DUI attorney, can only result in poor decision making throughout the case. Knowledgeable and qualified DUI attorney Ian Pancer can help you defend your case and ensure no court deadlines are missed.
Thinking you can handle it on your own—A drunk driving charge is too serious to try to handle it on your own, in fact most lawyers would not know how to defend against one. You need a specially trained DUI attorney like Ian Pancer on your side and helping you defend your case in court.