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 deline to answer. Declining to answer may be the best option if your drinking puts you at or above .08% BAC.
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 NHTSA, 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 adverse results. However, you need not take a test using the Preliminary Alcohol Screening device.
- Your driver’s license will be suspended.
- 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 may arrest you.
IMPORTANT NOTE:Â 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 San Diego DUI 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 your license will be suspended.
- 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 possible jail time for this new charge.
- Not requesting the officer be present at your DMV hearing—Not requesting the officer appear at your DMV hearing is frequently the best idea. In that case, the court will have to go by the report only as the only evidence, and the report may be excluded based on arguments by a DUI Lawyer San Diego. However, having the officer at the hearing and testifying about his or her decision to arrest you is sometimes a good strategy, as you may be able to keep your license if the officer cannot justify the stop or arrest. It can also be a useful opportunity to cross examine the officer, and get a preview of the testimony he would give at trial or a motion to suppress evidence.
- 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 frequently against 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 for your arrest, and you will be taken to jail if you are are pulled over for any infraction.
- Talking to anyone other than your attorney about your case—Relying on advice or information from anyone other than qualified San Diego DUI attorneys, 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 complicated and 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 in San Diego like Ian Pancer on your side and helping you defend your case in court.