Under California law, and in San Diego County a misdemeanor driving under the influence offense (DUI or DWI) can be charged pursuant to Vehicle Code section 23152(a), to wit driving under the influence (DUI or DWI)   of alcohol or any drug and alternatively pursuant to Vehicle Code section 23152(b), to wit driving the under the influence (DUI or DWI) of alcohol with a blood alcohol concentration of .08 or higher. Under California law, and in the County of San Diego any person suspected of Driving Under the Influence (DUI or DWI) is required to submit to a test to determine there blood alcohol concentration. In a driving under the influence investigation (DUI or DWI) the person being investigated can submit to a blood test or the person being investigated for driving under the influence (DUI or DWI) can submit to a breath test.

In addition, to the blood alcohol concentration test used to investigate driving under the influence (DUI or DWI) cases the police may also request that the person being investigated for driving under the influence submit to Field Sobriety Tests. The person being investigated for driving under the influence (DUI or DWI) can decide if they want to submit to the field sobriety test as part of the driving under the influence investigation. If a person selects to participate in the field sobriety test as part of the driving under the influence investigation any observations made by the officer can be used to prosecute the person for driving under the influence (DUI or DWI). In addition, to Field Sobriety Tests the officer investigating a person for driving under the influence (DUI or DWI)   may request that the person being investigated for driving under the influence submit to a Preliminary Alcohol Screening device.

The Preliminary Alcohol Screening device is a small hand held device that the officer may request that the person being investigated for driving under the influence (DUI or DWI) blow into in an attempt to determine the person blood alcohol concentration. A person being investigated for driving under the influence (DUI or DWI) is not required to submit to the Preliminary Alcohol Screening Device as part of the driving under the influence investigation (DUI or DWI). However, if the person being investigated for driving under the influence refuses the Preliminary Alcohol Screening device is still required to submit to a chemical test as part of the driving under the influence investigation (DUI or DWI).

Criminal Attorney

If a person has been arrested for driving under the influence (DUI or DWI) it is imperative that the person arrested for driving under the influence (DUI or DWI) contacts an Experienced Criminal Defense Attorney that is experienced in handling driving under the influence (DUI or DWI) cases as soon as possible. It is important to contact a experienced criminal defense attorney experienced in handling a driving under the influence (DUI or DWI) cases as soon as possible because driving under the influence (DUI or DWI) cases are time sensitive.

A criminal defense attorney experienced in handling driving under the influence cases (DUI or DWI) will assist you at California Department of Motor Vehicles hearing regarding the suspension of your license based on your driving under the influence arrest. In addition, a criminal defense attorney experienced in handling driving under the influence cases will be able to evaluate whether or not there is a basis to suppress evidence in your case for driving under the influence (DUI or DWI). Furthermore a criminal attorney experienced in handling driving under the influence (DUI or DWI) cases will be able to assess how the officer conducted the field sobriety tests during the driving under the influence (DUI or DWI) investigation. A criminal attorney’s understanding of the nature of Field Sobriety Tests is imperative in the defense of any driving under the influence case (DUI or DWI). In a driving under the influence (DUI or DWI) case how and where the field sobriety tests were conducted can affect the actual value of any conclusions based on the field sobriety test.

Furthermore, a criminal attorney experienced in handling a driving under the influence (DUI or DWI) case will know how to evaluate any physical limitations that you have that could affect your ability to perform the Field Sobriety Tests conducted as part of the driving under the influence (DUI or DWI) investigation. The experienced criminal defense attorney can also evaluate the calibration of any equipment used to complete the Blood Alcohol Concentration test in the driving under the influence investigation (DUI or DWI). It is also important that your criminal attorney is familiar with the San Diego County Court system. If your criminal attorney is familiar with the San Diego County Court System they will be able to advise you of all of the standard procedures and punishments for being arrested for driving under the influence (DUI or DWI) in San Diego County.

It is also helpful for your criminal attorney to know all of the judges and prosecutors that are handling your case in San Diego. An experienced criminal attorney will have experience presenting evidence in San Diego Superior Court. They will further be familiar San Diego rules of court, and current trends among the judges and juries in San Diego County. Therefore it is imperative that you hire a criminal attorney that is familiar with the San Diego Superior Court.