Facing a DUI Charge in San Diego? Start Here.

Driving under the influence (DUI) charges can happen fast—sometimes after just a few drinks. In California, the laws surrounding DUIs are strict, and understanding your rights before, during, and after a traffic stop is critical. If you’re 21 or older, here’s what you need to know about California’s DUI laws and how to protect your future if you’re stopped or arrested.

California’s DUI Law: Two Key Sections

Under California Vehicle Code § 23152, DUI is broken down into two important categories:

• Section 23152(a): It’s illegal to drive if you are impaired—meaning you’re not able to operate a vehicle safely because of alcohol or drugs, even if your blood alcohol concentration (BAC) is below the legal limit.
• Section 23152(b): It’s also illegal to drive with a BAC of 0.08% or higher.

This means you can be arrested and charged with DUI even if your BAC is under 0.08% if the officer believes you are impaired.

Your Rights During a DUI Stop

If you’re pulled over and the officer suspects DUI, they may start asking you questions and requesting that you perform tests. Here are three critical rights to remember before you are placed under arrest:

• You don’t have to answer questions about where you’ve been or whether you’ve been drinking. You are not legally required to provide potentially incriminating answers.
• You are not required to perform field sobriety tests (FSTs). These tests are voluntary, and your decision not to participate cannot be used against you in court.
• You don’t have to submit to a preliminary handheld breathalyzer (PAS test) at the scene—unless you’re on DUI probation.

These protections apply before you are arrested. If you’re being detained but not yet arrested, you can—and often should—politely decline these tests and questions.

What Happens After an Arrest

If you’re arrested for DUI in California, the rules change. Once taken into custody, you are legally required to submit to a chemical test (either breath or blood). Refusing to take this test has serious consequences:

• License suspension: Refusing a post-arrest chemical test triggers an automatic one-year driver’s license suspension—even if your system is clear of alcohol or drugs.
• Forced blood draw: Law enforcement can obtain a warrant to draw your blood without your consent.

In other words, refusing the chemical test after arrest won’t help your case—and will likely make it worse.

Protect Yourself. Know Your Options.

Being stopped for DUI is a stressful experience, but knowing your rights can help you stay calm and make informed decisions in the moment. If you’ve been charged with DUI in San Diego, it’s essential to speak with a criminal defense attorney who knows the local courts and can help you build the strongest possible defense.

At David P. Shapiro Criminal Defense Attorneys, we help good people regain control of their future after a DUI arrest. Call us today to schedule a consultation and protect your freedom.