What to do if you are charged with a DUI


Have you been charged with driving under the influence in San Diego? If so, San Diego DUI lawyer Ian Pancer can help you.  In California, being arrested and charged with a DUI is a serious legal problem.  You do not have to be resigned to letting the system run its course; you have the right to an attorney, to a defense.  Your rights are guaranteed by the State and Federal Constitutions, and the best way to maximize your rights and minimize the fallout from this arrest is to contact experienced San Diego DUI attorney Ian Pancer right away.


Because a drunk driving charge is time sensitive, it is important that you obtain legal counsel at the first possible moment when you have been charged with a DUI.  There are some steps to take to help your situation before you have been arrested:

 

  • Be cooperative with the officer when you have been pulled over.  Be polite, treat the officer with respect.  Do not antagonize the situation.
  • Answer any questions honestly and to the best of your ability.  It does not help your situation to lie to the officer.
  • When the procedure surrounding your DUI charge is complete, contact a defense attorney immediately.

 

There are automatically two charges against you when you get arrested for DUI, the criminal court case, and the DMV case.  You have only 10 days to request the DMV hearing after your arrest.  Your license will automatically be suspended for 30 days if there is no request made.  It is important to have an experienced drunk driving attorney on your side to place the request and possibly waive the suspension.


Top 20 Actions of Suspected Drunk Drivers

 

  • Turning with wide radius
  • Straddling center of lane marker
  • Appearing to be drunk (based upon posture, gestures, etc.)
  • Almost striking object or vehicle
  • Weaving
  • Driving on other than designated roadway
  • Swerving
  • Speed more than 10 miles below legal 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 a lane)
  • Turning abruptly or illegally
  • Accelerating or decelerating rapidly
  • Headlights off

 

For any one of these reasons, an officer may pull you over for suspected drunk driving.  While you have given implied consent for a breathalyzer based on having a driver’s license, any field sobriety test offered to you by the officer is completely optional, and should not have a legal affect on the DUI charge.


Conclusion


If you have been pulled over for suspicion of DUI, it is important to be respectful and polite to the officer.  By having a driver license, you give implied consent to a breathalyzer, so it is best not to refuse to take that.  You do not, however, have to attempt any of the field sobriety tests.  After you have been arrested and charged with DUI, it is important to obtain an experienced drunk driving attorney as soon as possible.  Drunk driving charges have time sensitive issues, and it is important to have San Diego attorney Ian Pancer on your side defending your rights.