If you are arrested for a DUI in San Diego, you have the right to refuse to do the field sobriety tests and the portable breath test that the police want you to take in their field investigation. However, California law requires that you take a blood or breath test after you are arrested and brought down to the police station.
It is always better to take a blood test, because the breath specimens are never preserved while blood specimens are preserved and can be later retested for a number of purposes.
- Was an arrest made that violated your 4th amendment rights against unreasonable search and seizure?
- Did the police explain your right to be silent before you were questioned?
- Was there a proper chain of custody for any evidence seized?
If you are charged with a misdemeanor or felony DUI, you will need the best representation possible. Your San Diego drunk driving defense lawyer should have considerable experience in trying DUI cases in front of a jury. This will ensure that your attorney knows how to distinguish between a good close case that you can win at trial and a marginal case that you will most likely lose.
Your lawyer needs to understand how to attack breath test results, how to use special experts to attack test results, how to use eyewitnesses to support your defense and how to cross-examine the arresting officer and the prosecution experts at trial.
Finally, your San Diego DUI attorney should have a lot of knowledge about DMV (Department of Motor Vehicle) hearings. California law requires the DMV to suspend your license if your blood alcohol result is 0.08% or above and the police had reasonable cause to stop and arrest you.
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