Count On Aggressive Defense Against San Diego DUI Charges
A DUI conviction can really cost you – personally, professionally and financially. If you are facing charges of driving under the influence (DUI) in California, then you need a serious defense. Police officers don’t always get it right, and you are innocent until proven guilty.
San Diego criminal defense attorney Matthew Springmeyer with the Law Office of Matthew H. Springmeyer understands the repercussions of a DUI conviction and will work with you directly throughout your defense. He will do everything in his power to mitigate the damages to your life that these charges can cause.
Answers To Common California DUI Questions
Attorney Springmeyer receives many questions about DUI cases every day. To help educate you more about your case, here are answers to some of the most common queries:
What happens during a DUI stop in San Diego?
The police can pull you over if they have a reasonable suspicion that you have been drinking. Once they do so, they may ask you to carry out field sobriety tests. These tests may include:
- Horizontal gaze nystagmus (HGN)
- Walk-and-turn test
- One-leg stand test
You can refuse to take these tests. The police may also ask you to take a breath test. While you can technically refuse this, it could result in penalties such as a license suspension. If the police take you back to the station for a test, you cannot refuse to take it.
Do I need to take a breathalyzer in California?
Yes and no. When you got your driver’s license, you agreed to the rules that came with that privilege. One of those rules is that you agree to submit to a blood or breath test if you are arrested for DUI. This is called “implied consent.”
However, because the handheld roadside breath test equipment is not always 100% accurate, you can lawfully decline to take the roadside test. You must comply and take the breath or blood test after the police arrest you and take you to the station.
Because each traffic stop is different, and because refusing or agreeing to take the roadside test can work for or against you, it is in your best interest to immediately consult an attorney if you have been arrested for DUI in California.
Is the field sobriety test required, or can I refuse it?
These tests are not mandatory. You can refuse to take the field sobriety test (FST) and most likely should for a variety of reasons. There are several reasons for refusing to take this test. One reason is that you may have an existing health condition, such as BPPV, that causes you to be dizzy and unbalanced with certain head movements.
A second reason is that some medications can cause you to be unstable on your feet. A third reason is that the road may be slanted or cracked and could cause you to lose your balance. A fourth reason is that you may be very nervous or tired, and this could also affect your ability to pass the FST. Your weight and physical ability will also affect your FST results.
Additionally, the FST is subjective. If the officer does not have proper training, they will not be able to accurately perform the test to get a true indication of sobriety. In most cases, it is in your best interest to refuse this test, as the results are not always accurate and the police can use them against you.
What happens if I am convicted of drunk driving in California?
If this is your first offense, you may be looking at three years of informal probation and fines of about $2,000. Many times, as a first offender, you may be required to take a one-month, $500 alcohol awareness program.
California DUI attorney Matthew Springmeyer will assess the charges and create an aggressive plan for your defense that meets your outcome goals. If you were charged with drugged driving or with drugs in the car, you may also wish to seek experienced criminal defense representation.
Will I lose my driver’s license if I am not convicted of a DUI?
This depends on the details of your case. Generally speaking, if you do not plead guilty to the DUI charge during your arraignment and the court does not find you guilty, you can likely keep your driving privileges.
However, you must contest the California DMV review, or your license will be suspended. If you do not contest the review and are found not guilty, your license will still be suspended. You must request a DMV hearing within 10 days of your arrest.
An attorney will know when to pursue lesser charges, such as reckless driving, which will not trigger a license suspension. There are strict deadlines and required hearings when you are facing license suspension. An attorney can represent you in these hearings.
If I am a recent immigrant, have a green card or am undocumented, do I need a special attorney?
If your immigration status is anything other than a citizen, it is in your best interest to enlist the legal representation of an attorney who is an immigration attorney as well as a criminal defense attorney. There are so many facets to U.S. immigration laws and protections that an attorney who is not an immigration attorney may not be aware of.
Deportation is a very real consequence for immigrants facing some types of DUI charges. For example, if there are drugs involved, if a child is involved, or if there are other issues with your driving record, you could be facing deportation or other serious negative consequences to the immigration process.
The DUI charge is only part of the issue; the other part is that, as an undocumented immigrant, you may also be facing charges related to being “present unlawfully.” Here is where an immigration attorney can make a difference.
Why should I hire attorney Matthew H. Springmeyer?
Issues related to DUI, drugs and immigration require knowledgeable and aggressive representation. If you are looking for an attorney who will be there with you, walk you through the entire process and explain each step of the process, Mr. Springmeyer is an attorney who does this.
Mr. Springmeyer has been recognized as one of The National Trial Lawyers Top 40 Under 40, has a 10 Avvo rating and is listed as a Super Lawyers Rising Star. He has nearly a decade of experience and established his firm in 2015.
These questions may not be the only ones on your mind. For more tailored legal advice, don’t hesitate to reach out to Attorney Springmeyer.
Contact A DUI Lawyer In San Diego Today To Start Building Your Defense
Attorney Springmeyer has a wealth of experience in dealing with DUI charges and other criminal offenses. He will fight for your rights during every step of the process. Call 619-780-2716 or use his online contact form to arrange your free initial consultation.
