Drunk Driving (DUI) Criminal Defense Frequently Asked Questions

The following information includes frequently asked drunk driving (DUI) defense questions. The answers stated are general in nature and are not intended to apply to every DUI defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting San Diego, California DUI defense lawyer William K. Mueller, you can receive a personal consultation regarding your specific criminal defense case.

Is there any way to avoid a DUI?

It sounds simple—but don’t drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive. Many people arrested for drunk driving didn’t even realize how much alcohol they consumed during the dinner party they were attending or how many beers they drank while watching the football game with buddies. But if you are arrested or charged with driving under the influence (DUI) in San Diego, California, call drunk driving defense Attorney William K. Mueller today. You still have rights within the court system, and it is important to protect those rights in order to get the best possible outcome.

What should I do if I am stopped by a police officer while in my vehicle?

First remain calm and remember the police officer is just doing his job. It is best to make no sudden movements that may alert an officer as a possible danger sign. Keep your hands on the steering wheel and be prepared to present your driver's license and proof of insurance when asked. It has been said that when an officer has stopped a vehicle they already have it in their mind whether or not they will issue a ticket or just a warning. Whether this is true or not, be courteous to the officer and they will be courteous to you. If you are stopped and aren’t sure why, keep in mind that an officer that is behind you may notice that your taillight is out or that your license plate is missing a current tag, or that you may have been weaving in and out of lanes on the road without realizing it. These are things that you may not be aware of and it is the officer’s duty to inform you of this.

If you have been weaving, the officer may want you to step out of the car and perform field sobriety tests or a chemical test for blood alcohol content (BAC) on a breathalyzer. In most states you have the right to refuse these tests, but there may be consequences to such a refusal. To get the advice and representation you need after a DUI arrest, call San Diego, California drunk driving defense Attorney William K. Mueller today.

If I am just stopped for speeding before a DUI test is done, can the officer search my vehicle?

Under certain situations a police officer may search your automobile. Naturally if you give an officer true consent to search your vehicle then they are allowed to. There is also what is called an automobile exception to the 4th Amendment, which is the part of the Constitution that requires a search warrant. A warrant-less vehicle search may be allowed when the officer has a reasonable suspicion or probable cause to suspect criminal activity or a danger to officer safety.

Generally, the police officer may search the area that is under the driver’s control. This area is normally the area that is within reach of the driver when sitting in the driver’s seat. For more serious driving offenses, a police officer may be allowed to search the vehicle. Such an instance may be driving under the influence (DUI), which requires the officer to arrest you. Under such circumstances, a search of the vehicle would normally be allowed. Some state laws offer greater protection against searches of personal property. If a police officer has searched your vehicle, you should consult with an attorney for more information. Call San Diego, California drunk driving defense Attorney William K. Mueller today.

What kind of field sobriety tests will should a driver expect? Can tests be refused?

When police officers suspect an individual of driving while intoxicated, they will administer a range of field sobriety tests varying from a battery of three to five tests. These tests may include heel-to-toe (also referred to as “walk-and-turn”), finger-to-nose, one-leg stand, hand pat, finger-to-thumb, alphabet recitation and horizontal gaze, requiring the driver to visually trace a flashlight or pen to study eye response.

The officer may also inquire about the amount of alcohol consumed, any drugs ingested or past DUI offenses, all of which the driver is not required to answer. Although it is likely that an officer has determined the sobriety of a driver and the need for subsequent chemical tests before even administering field tests, drivers have the right to refuse field tests. To find out how your field tests can affect the likelihood of conviction in your particular case, call San Diego, California drunk driving defense Attorney William K. Mueller today.

What If I Refused To Take A Chemical Test when I was arrested in California?

If you refused a chemical test or failed to complete a chemical test, you face a one-to-three year suspension from the DMV. If you are convicted of DUI and the allegation that you willfully refused to take a test is found to be true, there is a mandatory jail sentence and you will be required to attend a six-month alcohol program. You may be further compelled to have an ignition interlock device installed on your vehicle. Some Police Departments will actually force you to take a blood test even if you refuse and then use the results against you in Court. This is the worst of all possible scenarios since you will be subject to penalties for refusals and the results of the blood test still come in at your trial.

There are many successful ways to defend a Refusal Case. The officer is required to properly advise you of the consequences if you refuse and many officers fail to give the required admonition correctly or they may confuse a driver. Officers will also improperly deny a driver the right to take and complete a breath test. The landmark case of Nelson v Irvine established that a driver has the Constitutional Right to take a breath test and not be compelled to take a blood test. For specific advice on the role that your chemical test or refusal to take a chemical test will have on your California drunk driving case call San Diego, California drunk driving defense Attorney William K. Mueller today.

Can I still be in trouble for drunk driving, even if my BAC is below the legal limit?

Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc. An example of a DUI case where a person would be found guilty of driving under the influence with low blood alcohol content is when a person is taking other drugs, including prescription medication ordered by a physician that can enhance the effect that alcohol has on the body. For more information, call San Diego, California drunk driving defense Attorney William K. Mueller.

Can I fight my DUI driver's license suspension?

Yes. You may request a review of the driver’s license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing.

What can happen to me if I am convicted of drunk driving?

Once again, this varies from state to state. But more than likely, you will be given a jail term. Most states require a mandatory one-night stay on the first offense. In addition, most second offenses within five years result in a mandatory 30 day jail term and a third offense usually result in a sentence of no less than ninety days. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in your premiums. After a DUI arrest, it is extremely important to protect your rights. Call San Diego, California drunk driving defense Attorney William K. Mueller today.

If I am tested for a DUI, can an officer test for illegal drugs or prescription drugs?

Yes. If an officer suspects that drug ingestion is all or part of the impairing substance in your system, most states permit the officer to demand a blood sample, a urine sample, or both blood and urine. When a crime lab checks for other drugs than alcohol, a device known as a GC-MS (gas chromatography) is used. This piece of equipment can isolate and identify a wide range of drugs, including prescription drugs and illegal drugs. Common drugs the test will detect are opiates, marijuana, sedatives and pain killers. If any class of drugs shows a positive reading in the blood, the GC-MS will chart this, and laboratory chemists can note the level of such chemicals to determine their role in the driver’s intoxication.

Although you can be prosecuted for a DUI involving physician prescribed drugs, the prosecutor is required to prove impairment in order to render a conviction, not merely establish their presence in your system. You still have rights in court when you have been arrested for drunk driving. For experienced representation, call San Diego, California drunk driving defense Attorney William K. Mueller today.

Take Action To Protect Your Rights:

If you or a loved one has been arrested or charged with a crime in San Diego County, California, and you need help from an experienced criminal defense lawyer, call Attorney William K. Mueller today at 866-435-2835, or complete the contact form provided on this site to begin your consultation with a skilled San Diego criminal defense trial attorney. Initial consultations are free and Visa and MasterCard credit card payments are accepted.