Articles Tagged with San Diego DUI Defense Lawyer

With Memorial Day in our rear-view, we have entered what law enforcement calls the 100 dangerous days of summer on the roads. According to California Highway Patrol (CHP), there were 1,099 DUI arrests made in California this past Memorial Day weekend, averaging 14 arrests per hour. This is a 4% increase from last year.

In an article by Times of San Diego, the CHP reports that while DUI arrests are down from last year, it is still a huge safety concern for California residents throughout the summer. Now that you are aware of the statistics, let us take some time to explore what a DUI is and what California law says about DUIs.

DUI and California Law

DUI is the acronym for driving under the influence. A DUI is simply the act of operating a motor vehicle while under the influence of drugs or alcohol. California Law states it is unlawful for a person to operate a vehicle if he or she is:

  • Under the influence of any alcoholic beverage.
  • Addicted to the use of any drug.
  • Under the influence of any drug.
  • Under the combined influence of any alcoholic beverage and drug.

If you were recently cited for DUI, this can be a frightening time. With help from Boertje and Associates, you can avoid three mistakes people usually make when they receive a DUI citation.

Speaking Up at the Wrong Time

Being cited for DUI can be overwhelming. During this time, you may be upset. Naturally, you will want to speak up for yourself and tell the officer your side of the story about what happened.  At this point, you are so shaken up that you may have forgotten about your constitutional rights. You do have the right to remain silent, remember? Save yourself a headache and do not make the mistake of speaking up for yourself at the wrong time.

Ignoring the DUI and Wishing it Away

Whether this is your first DUI offense or not, ignoring it and wishing the DUI away will not do you any good. This is not the time to sit and twiddle your thumbs as if the DUI does not exist.

If you continue to ignore the DUI, your driving privileges will be in jeopardy. As a result, your license can be suspended or even revoked. You can also face jail time, receive hefty fines and costs, and be required to do community service. If this piece of information is not enough to get you moving, as of January 2019, the State of California requires anyone arrested for DUI to install an ignition interlock device (IID) in his or her vehicle after the arrest.

Waiting Until the Last Minute to Hire an Attorney

You should never attempt to pursue a DUI case on your own. Now is the time to hire an attorney to represent you in your criminal matter. An experienced, qualified DUI defense attorney is a great resource to assist you with your DUI defense. If you want to obtain favorable results, do not wait until the last minute. The sooner you hire an attorney, the sooner your attorney can begin planning a defense strategy for your case. Continue reading

With the start of the legislative session, California Senate members were given cards with a number for 24 Hour transportation.  As exposed by the Sac Bee, California Senate officials have hired two part-time employees to provide late night rides for members while they are out in Sacramento, following the high-profile drunk driving arrests involving lawmakers in recent years.  In particular, Assemblyman Roger Hernandez (D-West Covina) has failed three field sobriety tests, Sen. Ben Hueso (D-San Diego) recently plead guilty to a “wet reckless” charge, and Assemblyman Martin Garrick (R-Solana Beach) and Sen. Roy Ashburn (R-Bakersfield) have both plead no contest to DUI charges.

It is no secret that California has a high rate of DUIs, and police will be cracking down.  It seems as if both lawmakers as well as citizens will likely encounter a field sobriety test at one point or another—even if they have not been drinking at all.

What is a Field Sobriety Test?

Field sobriety tests are a series of tests a police officer will request on the side of the road if the officer suspects you have been driving while under the influence of alcohol or drugs.  They typically occur on the side of the road after you have been stopped, so law enforcement can make sure you are not too impaired (above the legal limit) to drive.

There are over 12 different tests, but according to the National Highway Traffic and Safety Administration (NHTSA), there are 3 main standard field sobriety tests that are most effective:

  1. The Horizontal Gaze Nystagmus (HGN)- In this test, police will waive a pen in front of your face and telling you to follow it with your eyes.
  2. The divided attention (aka walk and turn)- Police will ask you to take steps down a straight line in a heel-to-toe manner.  This will test your concentration in doing two things at once.
  3. One leg stand: You will be asked to stand on one leg and count out loud.

Other tests include balancing on different legs, counting backwards, or reciting the ABC’s.

You May Refuse a Field Sobriety Test

Under California law, you may legally decline to take a field sobriety test; there are no penalties, although prosecutors will notably paint your refusal as a “consciousness of guilt.” Moreover, the police may have already made their judgement when they decided to stop and ask you to volunteer evidence against yourself.

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