Escondido DUI Lawyer

Providing a Strong DUI Defense in Carlsbad, Oceanside, Poway, Rancho Bernardo, San Marcos, and Vista

Everyone knows you should not get behind the wheel while intoxicated. However, you can make every effort to drive responsibly and still misjudge your level of impairment after a social drink or two. Before you know it, you may be asked to pull over and be arrested for DUI. Should this occur, you will understandably be wondering what happens next and what you should do to protect yourself.

Do not panic. While even a first-offense DUI is a serious criminal offense, you should not assume you will be convicted. With help from a capable legal professional, you may be able to reduce the charges, negotiate a more reasonable sentence, or even walk away with little to no penalties. Our Escondido DUI lawyer is committed to representing the little guy and can advocate for you in these difficult scenarios. At Sterger Law Group, we will carefully evaluate all elements of your case and pursue a defense strategy designed to secure the best possible outcome. 

Have you been charged with driving under the influence? Call Sterger Law Group today at (760) 280-7900 or contact us online to schedule a free consultation with our DUI lawyer in Escondido. Flexible payment options are available, and we offer our legal services in English and Spanish.

California DUI Laws

In the state of California, it is illegal to operate a vehicle while under the influence of drugs or alcohol. Any motorist with a blood alcohol content (BAC) of 0.08 or higher is automatically assumed to be unlawfully intoxicated. The good news is that, unlike in some states, a California motorist cannot be convicted of DUI unless they were actively driving their vehicle while intoxicated. You cannot be convicted of DUI if you were merely sleeping in your car, for example, an act that can lead to a conviction in other jurisdictions. 

Can You Refuse a Field Sobriety Test?

If you are pulled over on suspicion of driving while intoxicated, the law enforcement officer will almost certainly ask you to take a breathalyzer test or complete a “field sobriety test.” Do not take the breathalyzer test offered when pulled over unless you are absolutely confident you are under the legal limit. Despite what the officer may imply, you are not required to take a breathalyzer test until you are arrested for DUI.

Field sobriety tests tend to be flawed, as they do not do a good job of demonstrating whether someone is actually intoxicated. You might fail a field sobriety test because you are clumsy or forgetful, not because you are under the influence of drugs or alcohol. You should also assume the officer is looking for any reason to arrest you, so there is no guarantee the test will be administered fairly. Therefore, you should politely decline to participate in a field sobriety test if asked. There is no legal penalty for refusing. 

Can You Refuse a Breathalyzer?

If you are arrested for DUI, you cannot refuse a breathalyzer test. Under California’s implied consent law, you agree to take these tests in these specific scenarios when you receive your driver’s license. Though law enforcement officers cannot force you to take the test, refusing at this stage will trigger additional penalties.

Ask to speak to a DUI lawyer if you are pulled over or arrested. Our Escondido DUI attorney can assess the facts and recommend what you should do to protect your rights.

Contact our Escondido DUI attorney at Sterger Law Group today for a strong legal defense.