Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Approach a Lawyer Quickly in a DUI Arrest
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- REQUEST TO TALK TO A LAWYER AS SOON AS POSSIBLE! It’s your right to talk to a lawyer, and to get a lawyer there during interrogation. If you can’t afford an attorney, one will be provided to you.”
If you’re held and taken into detention on DUI – Drunk Driving accusations by San Diego police, your right to talk to an attorney won’t be given until AFTER you present yourself to the required chemical examines performed at the Police Station or any medical facility where you have been transferred. Failure to put forward to a blood or breath alcohol examination, or “chemical test refusal”, once in detention, will impose penalty of an automatic forfeiture which means suspension of your driving license as stated by California’s “implied consent” laws.
Implied consent doesn’t employ to roadside field sobriety examinations and PAS; Preliminary Alcohol Screening (a hand-held portable breathalyzer used at roadside when stopped by traffic police).
If the request to have an access to lawyer counsel has been refused before presenting potentially criminative evidence ( chemical – BAC reports ) in criminal arrest cases makes work in San Diego DUI – DWI – Drunk Driving cases often exclusively, some of the times taken as the “DUI exception to the Constitution”. Young persons under 21 years of their age are required to act in accordance with all tests; this includes the field sobriety tests as well as the hand-held breathalyzer tests (PAS) conducted roadside following California’s Zero Tolerance laws.
Once you’ve been taken for a chemical (blood or breath alcohol) examination, you’ll then be granted to have a phone call to talk to a lawyer, bail bondsman, or friend or family member to follow up on your behalf.
A Quick Bail is Possible, Avail it.
YOU ARE ENTITLED TO A BAIL HEARING IF TRANSFERRED TO JAIL FOR DUI ALLEGATION. It is your right to reasonable bail set by the Court, correspond to the seriousness of the offense, and commensurate with your social relationship to the community, history of criminal record, and possible “flight risk”.
If convicted by DUI in California, whether it is your first or multiple drunk driving crimes, you can be taken in a mandatory minimum of 48 hours captivity.
If you’re coping with first time allegations, without any major warrants, additional convictions, or failures to appear, court may release you on your own recognizance. You may be said to appear before a court judge for a bail hearing within 3 business days ( 72-hrs) from the time of your apprehension ( this doesn’t includes weekends or court holidays).
Get a Speedy, Fair Court Trial
YOU WILL BE CONSIDERED CLEAN UNLESS PROVEN GUILTY BEYOND A DOUBT. You own the right to know the accusations, and can get a copy of the prosecution’s case prepared against you. You also own the right to arrange a defending lawyer, and if you can’t afford to do so, the court will arrange one for you.
Access Witnesses for Cross examine.
IT IS YOUR RIGHT TO TAKE THE STAND AND PROVE YOURSELF ON YOUR OWN BEHALF you can give proof and subpoena, question, face and cross examine witnesses employing the right powered by the Court. If you’ve not retained a lawyer, the court will assign one for you to continue defense counsel. You’ve the right to use the Fifth Amendment and decline to give testimony at your hearing. You’ve the right to get your case examined by a Jury, and to appeal innocent, guilty, or nolo contender (“no contest”) and grant remission to any civil liability or law suit as a result of your criminal act if it is accused as an offence. In serious DUI cases, you’re subject to a preliminary legal proceeding within ten court days starting from the date of your appeal or arraignment (the later one will be considered).
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