The State of California, in Section 23152 (A) of the California Vehicle Code, establishes that if you are stopped by a police officer who suspects you are driving under the influence of drugs and/or alcohol, you may be arrested and charged with the established offense, whether misdemeanor or felony.
This is known as Driving Under Influence (DUI) in San Diego, California, but it’s important to note that if you are stopped on suspicion of DUI, you cannot refuse the request for tests to determine your level of sobriety, as the police officer is responsible for determining, using the equipment and means at their disposal, whether you are violating California law.
If the officer determines probable cause, you may be taken to the police station for detention or to the hospital, where further tests may be performed to determine the severity of your alcohol level. It’s important to note that if you refuse to take such tests, the charges against you may be much worse than initially expected.
Yes, every arrest will be added to your record and contribute to your criminal history, which can have a number of long-term consequences for your reputation as a citizen in the United States. It’s true that most DUI arrests are processed within a few hours, and the jail time isn’t long; often, simply posting bail is enough to get out of jail.
However, this doesn’t apply to all cases, as depending on the severity of the offense, your arrest time and bail may be longer. There are certain aggravating factors, such as blood alcohol and/or drug levels, driving with a minor, hit-and-run, refusing a breathalyzer test, prior DUI charges, etc.
That’s why, if you’re an immigrant citizen in the process of adjusting your status or applying for a permanent resident visa, we recommend hiring the best DUI defense attorney in San Diego, California, that Kannan Law can offer, as failure to do so could affect the approval of your application.
If you are in the process of obtaining your permanent residence permit in the United States, having a criminal record can be a negative factor when your application is reviewed, evaluated, and approved. DUI offenses are treated with extreme caution in the United States, both for native-born citizens and immigrants.
Therefore, if you believe there were extenuating circumstances that could help you dismiss your DUI charge, it’s best to consult with a Driving Under the Influence attorney in San Diego, California, who will offer you the best advice and guidance when handling your case.
Driving under the influence of alcohol and/or drugs in the United States can be dismissed for many reasons, from abuse of power by the police officer to improper handling of blood alcohol and/or drug detection equipment, as these circumstances negate probable cause and, consequently, lead to the dismissal of all charges against you before the DMW.
Hire the Best DUI Defense Attorney
Kannan Law offers the best team of attorneys available in San Diego, California, for DUI cases. We guarantee specialized attention in the study, analysis, and guidance of your DUI case. We can eliminate these charges from your record and clear your name for any future litigation you may pursue, and we can also advise you on them.
In addition, we will ensure your peace of mind throughout the entire process, as we will handle the entire legal process.
Frequently Asked Questions
What happens after being arrested for DUI?
Following a DUI arrest, the defendant is typically taken to the police station for processing, which includes fingerprinting and possible custody. A court hearing will then be scheduled. Depending on the state and the circumstances, you may face license suspension, fines, and other penalties. It is advisable to contact a DUI attorney as soon as possible.
Can I refuse a breathalyzer or blood test?
Yes, but there are consequences. In most states, there are “implied consent” laws, meaning that by obtaining a driver’s license, you agree to submit to alcohol testing if an officer requests it. Refusal can result in automatic suspension of your license and other penalties, even if you were not intoxicated at the time of the arrest.
What are the possible defenses to a DUI charge?
Some common defenses include:
- Lack of probable cause for the arrest.
- Irregularities in the administration of breathalyzer or field tests.
- Errors in the maintenance of alcohol testing equipment.
- Medical conditions that could have affected the results.
A DUI attorney can review your case to determine the best defense strategy.
What are the consequences of a DUI conviction?
Penalties vary by state and by whether it is a first or repeat offense. They may include:
- Heavy fines and court costs.
- Driver’s license suspension or revocation.
- Jail time or probation.
- Alcohol education or rehabilitation requirements.
- Installation of an ignition interlock device in your vehicle.
Do I need an attorney if this is my first DUI?
Yes, it is highly recommended. A DUI attorney can help you understand your rights, negotiate potential charge or sentence reductions, and evaluate whether there are grounds for dismissal. Even for a first offense, the consequences can be serious, so having legal representation can make a big difference in the outcome of your case.