Stops and Checkpoints

Driving under the influence (DUI) is a serious offense in San Diego, California, with significant legal consequences. Understanding the procedures during DUI stops and checkpoints is crucial for motorists to protect their rights and navigate the legal system effectively. This comprehensive guide provides insights into what to expect during DUI stops and checkpoints in San Diego. It emphasizes the importance of consulting an experienced DUI attorney if you face such charges.

Understanding DUI Stops in San Diego

Law enforcement officers in San Diego may initiate a traffic stop if they observe drivers violating traffic laws or exhibiting behaviors indicative of impaired driving, such as swerving, erratic speed changes, or ignoring traffic signals. During the stop, officers assess the driver's behavior, speech, and physical appearance for signs of intoxication. They may inquire about alcohol or drug consumption and request that the driver perform field sobriety tests.

Field Sobriety Tests and Chemical Testing

Field sobriety tests (FSTs) are physical and cognitive exercises designed to help officers decide to arrest. Common FSTs include the horizontal gaze nystagmus, walk-and-turn, and one-leg stand tests. It's important to note that in California, drivers can decline FSTs; they are not mandatory. A Preliminary Alcohol Screening (PAS) is another voluntary field sobriety test (with some limited exceptions) that you may decline. If an Officer tells you a test is mandatory, do not argue with them. However, once arrested, drivers must legally submit to chemical testing (breath or blood tests) under California's implied consent laws. Refusal to undergo chemical testing can incur additional penalties, including license suspension.

DUI Checkpoints in San Diego

DUI checkpoints, or sobriety checkpoints, are predetermined locations where officers stop vehicles to check for impaired drivers and/or licenses. These checkpoints surface during times and places with a higher incidence of DUI incidents, such as holidays or weekends. In San Diego, law enforcement agencies should follow specific guidelines to ensure the legality of these checkpoints, including but not limited to:

  • Public Notification: Announcing the time and location of checkpoints in advance to the public.
  • Neutral Criteria: Using a predetermined method for stopping vehicles (e.g., Every third car) to avoid arbitrary stops.
  • Safety Measures: Implementing proper lighting, signage, and officer training to ensure the safety of motorists and officers.

While DUI checkpoints are legal in California, drivers retain certain rights during these stops. For instance, you may decline to answer questions about your activities or consumption of alcohol. Politely declining to answer and requesting to speak with an attorney is within your rights.

Legal Consequences of a DUI in San Diego

A DUI conviction in San Diego carries severe penalties, which may include:

  • Fines: Substantial monetary fines that increase with subsequent offenses.
  • License Suspension: Mandatory suspension or revocation of driving privileges.
  • Probation: Court-ordered probation with specific conditions to follow.
  • Alcohol Education Programs: Mandatory enrollment in DUI education and treatment programs.
  • Imprisonment: Jail time, especially for repeat offenders or cases involving aggravating factors.

You can find more information about DUI Penalties by going here: https://notguiltyduisandiego.com/san-diego-dui-penalties 

Why You Need a San Diego DUI Attorney

Navigating the legal aftermath of a DUI arrest can be daunting. An experienced DUI attorney can provide invaluable assistance by:

  • Protecting Your Rights: Ensure law enforcement officers adhere to legal protocols during your stop and arrest.
  • Challenging Evidence: Scrutinizing the validity of field sobriety and chemical tests and identifying procedural errors.
  • Negotiating Penalties: Working to reduce charges or penalties through plea bargaining or alternative sentencing options.

Four Steps to Take Following a DUI Arrest

If you are arrested for a DUI in San Diego, consider the following steps:

  1. Remain Calm and Cooperative: Avoid resisting arrest or engaging in confrontational behavior.
  2. Exercise Your Right to Remain Silent: Politely decline to answer questions without legal representation present.
  3. Document the Incident: As soon as possible, write down all details of the stop and arrest, including officer interactions and testing procedures.
  4. Contact a DUI Attorney Immediately: Time is critical, especially concerning DMV hearings related to license suspension.

Choose Your Lawyer Carefully

In my career, I have handled over 2000 DUI cases and am frequently asked to lecture on DUI topics throughout California. People come to my firm because of my reputation and my legal abilities. I stand ready to help you with the legal challenges you are facing.

I am a veteran San Diego Felony DUI attorney who has dedicated my entire practice to handling DUI cases. Success in this area of law requires years of experience, diligent focus, and expert knowledge. My track record speaks for itself.

A Felony DUI conviction can result in mandatory state prison time, the loss of your license, and other severe consequences. When I handle felony or repeat DUI cases, I hit the ground running and work with all available resources to protect my client's rights. I waste no time gathering evidence and looking at opportunities to build a strong defense.

Defending Rights Law Center

As a San Diego DUI attorney, Joshua Price handles all drunk driving situations. Here are some other helpful links: