{"id":2750,"date":"2016-06-25T22:39:28","date_gmt":"2016-06-25T22:39:28","guid":{"rendered":"http:\/\/bajajdefense.wpengine.com\/?p=2750"},"modified":"2016-06-25T22:39:28","modified_gmt":"2016-06-25T22:39:28","slug":"happens-get-dui-california","status":"publish","type":"post","link":"https:\/\/aquahealphysiotherapy.com\/vblaw\/happens-get-dui-california\/","title":{"rendered":"What Happens When I Get a DUI in San Diego?"},"content":{"rendered":"

While most of us know someone who has been pulled over for suspected drunk driving, not many of us know what a drunk driving charge truly entails and what the possible consequences are. The possible charges you may face, the effect the charge will have on your license, and the possible jail time you may serve are all dependent on the unique circumstances surrounding your arrest and whether you have prior drunk driving convictions on your record.<\/p>\n

Whether you are a first time offender or you are charged with your third or fourth DUI offense, San Diego drunk driving defense attorney<\/a> Vikas Bajaj can help protect your legal rights and minimize the potential damage this incident may have on your future.<\/p>\n

Not Drunk But Been Drinking? Getting Pulled Over<\/h2>\n

When you get pulled over for any reason, it is critical to understand what your rights and responsibilities are before saying or doing anything. Understandably, when we are in situations with persons of authority such as police officers, it is easy to be intimidated or convinced to do something that we may otherwise have reservations about. Many people are reluctant to tell an officer \u201cno,\u201d but if you want to preserve your legal rights and ensure that you do not make any incriminating statements, that is exactly what you should do.<\/span><\/p>\n

If you are pulled over for suspected drunk driving, you must provide the officer with your license and registration upon request. Your attitude during this initial interaction may significantly impact the duration of the traffic stop. Be kind, courteous, but politely avoid answering questions. You do not have a legal obligation to incriminate yourself. In fact, you have a constitutional right to remain silent. <\/span><\/p>\n

There is a difference between being silent and uncooperative; you can give the officer your name, but any further questions should be responded to simply by stating that you do not wish to answer the officer\u2019s questions. Usually, the officer will ask you to step out of the vehicle and perform field sobriety testing and\/or use a breathalyzer. You are not required by California law to submit to either of these tests pre-arrest.<\/span><\/p>\n

An officer also cannot make an initial traffic stop or search your car without probable cause. You are <\/span>not required to allow an officer to search your car unless they procure a warrant<\/span><\/a>. Officers, usually, are just doing their job, but may make false promises stating that they will not arrest you if you submit to searches or testing, but this is not the case. If the officer observes behaviors with or without chemical or field sobriety testing, you may still be placed under arrest. At that time, you may absolutely invoke your right to remain silent and do not need to answer any of the officer\u2019s questions. If you have been placed under arrest, you will be required to submit to chemical blood alcohol testing when you are taken to the station.<\/span><\/p>\n

Most officers act within the bounds of the law and are not trying to trick you into making admissions. However, even seemingly innocent admissions (\u201cI only had one drink,\u201d \u201cI was at such-and-such a bar,\u201d) can come back to haunt you later, and it is not worth risking making incriminating statements simply because you were too afraid to tell the officer \u201cno,\u201d which is your absolute legal right. Your arresting officer is the one that will craft the report and possibly testify against you in court; being courteous but firm will go a long way in both protecting your legal rights and simultaneously protecting yourself from unnecessary incrimination. <\/span><\/p>\n

First Time DUI Offenders<\/h2>\n

California Vehicle Code Section 23152(a)-(b) govern most typical drunk driving charges:<\/span><\/p>\n