FREQUENTLY ASKED QUESTIONS ABOUT DUI
faqsq. am I legally required to cooperate with a drug recognition expert?
a. you should exercise your right to remain silent and all other privileges granted by the Fifth Amendment. You should not succumb to pressure and manipulative tactics that will result in self incrimination.
definitely refrain from engaging in the drug recognition verbal interrogation session, a routine step in the dre's 12 point examination process.
you may not have much option when undergoing more passive elements of the dre's observations, but do not participate or assist the examiner with their assessment unless you are absolutely positive your toxicology results will be completely negative and exculpating, and you have a medical condition that the officers have mistaken for drug and/or alcohol impairment
your best response is no response at all with the xception of requesting an attorney. as always, the less you say to police, the better off your attorney will be when he or she fights your case
q. should I contact my auto insurance company and inform ythem of my dui arrest?
a. no! in the event your drivers license has been suspended and you will not be eligible for a restricted license for a considerable amount of time, you may want to cancel your policy if you are eligible for a refund on a prepaid premium, but you do not have to disclose your reason for cancelling your coverage.
keep in mind that a dui arrest does not constitute a conviction. you are considered innocent (and may act accordingly) unless proven guilty by a court of law (sort of, with the exception of the admin per se license suspension hearing, where dmv officials determine your fate with regard to licensing penalties without impartiality measures, such as a l jury, which is why the dmv hearings are often referred to as a "kangaroo court" )
if your diving privileges are promptly restored or restricted, but your criminal case results in a conviction, your insurance company will discover this independently and contact you accordingly. In the meantime, focus your attention on recovering from the debilitating impact of the arrest.
q. there are numerous web sites promoting dui defense in san diego...why don't other lawyers post their dui case results, dui jury trial outcomes, and dmv hearing results?
a. because those lawyers competing for the dui market in san diego simply don't have any successful results to speak of. very few lawyers in san diego have ever actually taken a dui case to jury trial, let alone emerged with a "not guilty", "hung jury", or "case dismissal" result. be sure and ask this very question to any prospective lawyer claiming to represent dui. as a veteran dui jury trial attorney, more dui victories are achieved in a year than most lawyers take to trial in their entire lifetime.
delve deeply when asking this qualifying question to general criminal lawyers, who are usually at the mercy of what the prosecutor feels like offering as a settlement (knowing that the attorney will avoid a dui jury trial at all costs, and the case will never arrive at that point).
FAVORITES: WHAT WE'RE INTO AND SUPPORT
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Don't blow off your dmv hearing -we defend only dui related cases and are highly specialized with impaired driving charges, please call us to assist you with your dui problems - our law firm is one of only a few exclusively dedicated dui defense firms in the state of California
Don't blow off your dmv hearing or procrastinate about your court case.
Our San Diego DUI Dedicated Law Firm is one of only a handful of 100% Exclusively DUI Defense practices in the state of California. We handle no other criminal or legal cases BUT driving under the influence related charges such as Vehicular Manslaughter, Vehicular Homicide, Felony DUI, DUI with child endangerment penalty enhancements, Juvenile DUI and Zero Tolerance, Wet Reckless, and other impaired driving crimes.
We are equipped and qualified to help you with every aspect of your case. Plesase call for confidential and quality assistance.
DRUGGED DRIVING ENFORCEMENT RESOURCES:
Drug Recognition Expert Program developed for law enforcement to detect & diagnose drug impairment when blood alcohol tests result in a BAC below .08% & dui suspect demonstrates impairment. DRE employs a 12 step process to identify drug or poly-drug combination. investigation by dre includes visual and verbal examination for presence of drug or drugs in any of seven categories:
Note *CNS:
Central Nervous System
The DRE Program, along with the IDU (Impaired Driving Unit) is headquartered with the California Highway Patrol.
An examination by a DRE expert is both invasive and extensive. The DRE uses a systematic battery of tests and deductions that include eye/pupil measurement and evaluation, muscle tone assessment, vital signs, divided attention tests, toxicology tests, dark room examination, inspection for injection sites and other physical signs of drug abuse, as well as information obtained from the arresting officer, and a battery of verbal interrogation tests of the suspect. Being that the DRE's disposition is usually persistent and methodical, it is crucial to not become intimidated and/or make any admissions that will facilitate a guilty conviction at a later court hearing.
Regardless of the aggressiveness and determination of the drug recognition officer(s), it is vital you exercise your rights (you must consent to a chemical test once under arrest, and the DRE typically examines suspects in custody who have passed a breath alcohol test), you should consult with a dui specialized attorney regarding the legal requirement to submit to a blood OR breath test, as a DRE examination will include a blood and/or urine toxicology sampling in addition to the primary breath test).
Also, of crucial importance when challenging a DRE assessment report in a drugged driving case, is the established DRE guidelines that state:
DRE Must Not be Conducted on an Injured Person
When a case involves medical problems, a DRE should not be performed, per NHTSA, so as to avoid confusing possible drug use with the observations really being medical issues. Where the NHTSA manual states in a situation like this, your primary purpose at this time is to look for any evidence of a medical complication that would warrant terminating the examination and summoning medical assistance since there is always the possibility that a person suspected of drug impairment is actually suffering from an illness or injury requiring medical attention.
summary of dre impact
Not good. We don't care for the DRE evaluation combined with a professional toxicology test report, because of the state's claims that they confirm impairment and/or the presence of drugs. Tests and human processes are fallible and affected by many variables, including biological, chemical, computerized, machinated, technical, and scientifically compounded formulas.
Here's why:
While a toxicologist can obtain solid scientific evidence a suspect recently had a particular drug in their body; they can rarely state with a reasonable certainty the suspect was impaired at a specific time. The DRE can supply well articulated and credible evidence the suspect was impaired at a specific time and the nature of the impairment was consistent with a particular family of drugs. But the DRE can't determine which specific drug was taken. What is needed then is evidence from both the DRE and Toxicologist.
San Diego DUI Lawyer
DUI Resources
Contact
Phone: 619 237 0834
Fax: 619 237 0901
Site: www.sandiegoduid.com
eMail: info@sandiegoduid.com
San Diego, California 92103.