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When you or a loved one is facing DUI or DWI charges, the outcome of the case may be serious. There could be fines, suspension of your driver’s license, community service, and perhaps even some jail time. Yet just because you are charged with a DUI or DWI, doesn’t mean that you are automatically guilty. Below are some things to consider if you are facing a DUI or DWI charge.
For one, it should be noted that there needs to be probable cause for a police officer to pull you over in the first place. This may involve erratic driving, exceeding the speed limit, failure to follow the rules of the road, a broken taillight or headlight, or not wearing a seatbelt. If there is no reason for you being pulled over, that is against proper protocol for a police officer. This could be viewed as a violation of your Constitutional rights.
In addition, you do not need to submit to a field sobriety test. It is entirely voluntary unless you are on parole or under the age of 21. This is worth noting since field sobriety tests are not the best measure of your blood alcohol content. It is also worth noting that while a Preliminary Alcohol Screening test at the scene is voluntary – after an arrest is it considered a refusal, which will lead to additional charges and penalties. But with that in mind, a breathalyzer test is not the most accurate measure of your blood alcohol content.
Most importantly, you have the right to receive legal counsel, which is why it is in your best interests to speak with a skilled lawyer to learn more about your legal options. By getting legal help, you will be able to understand all of your legal rights.
If you hire our firm, our DUI attorney in San Diego will work closely with you and will point out any procedural missteps on the part of the police officer, ensuring that your legal rights were not violated. He will also work hard to ensure that you receive a fair hearing.