DUI Arrests During the Holidays: What to Do if You’re Pulled Over in San Diego After a Celebration

Posted on: December 15th, 2024 by Dod Law

DUI Arrests in San Diego During the Holidays

The holidays can drive the average person to drink for a lot of reasons – sometimes, you drink to celebrate, and other times, you drink to cope with family. No matter what you’re drinking, though, you need to be careful when you hit the road in California. Police officers are out in full force, intent on arresting anyone who shows symptoms of driving while intoxicated.  Learn more about DUI arrests in San Diego during the holidays

If you’re pulled over after a celebration during the holidays, don’t panic. You can work with an experienced DUI attorney at Dod Law to challenge any charges brought against you. 

What to Do After Being Pulled Over Following a Holiday Celebration | DUI Arrests in San Diego

If you want to make your experience within the legal system as straightforward as possible, we recommend that you take the following steps:

Keep Calm and Remain Respectful

If you see the dreaded red light in the mirror, keep calm, pull over, place your hands on the wheel, and politely greet the officer using as few words as possible (e.g. “officer” accompanied with a polite nod). The officer will ask for your license and registration. Calmly provide them without making abrupt movements that the officer might mistake as threatening.

Answer the Officer’s Questions Carefully

The officer is trained to ask you questions designed to elicit an incriminating response: where you’ve been, where you’re going, what and when you last ate, when you last slept and, of course, what and how much alcohol you’ve consumed and when. Obviously, the officer is asking these questions to ferret out whether there’s cause to arrest you. Your job at this stage is to be polite while still answering the officer’s questions.

Know Your Right to Refuse Field Sobriety Tests

The officer will ask – even demand – that you complete field sobriety tests such as the walk-and-turn test, the stand-on-one-leg test, and the finger-to-nose test. You are allowed to politely refuse each test and stick to that refusal even if cajoled and threatened with arrest.

These tests serve two functions: one, to allow the officer to see (and later testify) how well you paid attention to instructions; and two, how well you perform the test itself. If you do them and anything is a little off, the officer will use that against you.

However, it’s important to note that if you refuse these tests, there’s a good chance the officer will arrest you anyway. 

Know Your Right to Refuse a Preliminary Alcohol Screening

Next, the officer may ask you to submit to a preliminary alcohol screening (PAS) test. A PAS is a portable breath test machine used by officers at DUI stops. You’re not obligated to take a PAS test if you’re over 21 years old or not on probation for a prior DUI, so politely refuse and do not be fooled by an officer’s argument.

It’s important, however, to understand that you should probably not refuse to submit to a chemical test after the arrest because the prosecutor will often request a sentence enhancement if you’re convicted of DUI with refusal. The DMV may also suspend your driver’s license for at least a year.

Call an Attorney | DUI Arrests in San Diego

If, after all of this, the officer still claims probable cause to arrest you for a DUI, then don’t argue or become impolite. Simply say that you want to reach out to an attorney, such as one from Dod Law, for skilled and supportive legal help. 

Reach Out to Dod Law For Experienced Support

Don’t let wrongful DUI charges ruin your holiday season. If you need help representing yourself in criminal court these holidays, Dod Law can help. 

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 329-8021 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form