DUI - San Diego California - DMV

Article Posted with Author's Permission


The below article written about the DUI process is posted exactly as written. Some or all of the things in this article may or may not be applicable to your case and I may or may not agree with this officer's opinion.


"It's how normally law abiding people get into trouble."

I've thought of those words many times as I hear the ratchet in my handcuffs click up to a snug fit on my well dressed, well respected member of the community, my DUI prisoner.

As a police officer, training officer, traffic officer, investigator and supervisor, I have prowled the streets of San Diego County for almost 30 years, arresting burglars, robbers, misdemeanants and felons, but most of all, drunk drivers.

I am not a drinker myself because I have found that "zero" is the easiest line to recognized, but hey, that just isn't realistic for most people. There is one thing that can be said about all of us though, we all think we're gonna live forever, and it will never happen to us. Add a couple of beers to that logic and we become bullet proof. So you see, that is why drinking and driving is always an ever popular activity. Most people drink and most people drive and the possibility of those two activities getting together is pretty good.

Officers who are working the evening shifts are always looking for drunk drivers, but more than that, they are looking for P.C. to stop.

P.C., a police term for probable cause is the beginning for most drunk driving arrests. You have probably heard someone say, "If an officer wants to stop you, they'll find a way to do it." That statement is more true than not. A police officer only needs one vehicle code violation, or absent that, any unusual driving to suspect DUI. Have you looked at the size of the Vehicle Code lately? There is a lot of stuff in there that you can stop people for. Aside from the usual, there are hundreds of other circumstances that can bring a police officer to your car door.

After the stop is made the officers begin the process of looking for signs and symptoms of alcohol intoxication. Something you have no control over if you have been drinking. That distinctive odor that comes out of all of your pours and/or your exhaled breath, the redness around the edges of your eyes, slight slur in the speech, that little hitch in your dexterity as you get your license out of your wallet. There is a rather long list of things to look for that will tip the officer off. You may display one or several of these symptoms a little or a lot, but if there is anything that is noticeable, the officer is going to move to the next phase of the stop, the Field Sobriety Tests, or FSTs.

There are many commonly used tests; each law enforcement agency has their own style. FSTs are not tests that can be passed or failed, so it will do little good to practice. They are simply activities that allow the officer to observe symptoms of intoxication. The symptoms the officer saw while you were still in the car will be seen again, but more distinctly and accompanied with others.

Most FSTs end with the administration of the Preliminary Alcohol Screening (PAS) Device. If you think you didn't have too much to drink to be driving, you really need to take this test.

The PAS is strictly voluntary (unless you are under the age of 21). Unlike the other tests, this is an objective chemical test that will give you and the officer a good idea of what your blood-alcohol level actually is. If there is any question in the officer's mind about your intoxication, a refusal of the PAS forces him to arrest you. If you are under the influence of drugs with very little alcohol, the PAS will only give a reading on the alcohol and may give a result well below the legal limit. Having a low PAS reading may give the officer the opportunity to release you. However, if the appearance of intoxication does not match the PAS reading, the officer will suspect drugs and the arrest will be made, but the mandatory chemical tests offered will be either blood or urine, not breath.

Once you are in the cuffs, the law states you are going to take a chemical test. As a matter of fact, you agreed to take one when you got your driver's license. Keep in mind, the officer can force a test. If they have to do that, regardless of the outcome of the test, you lose your license.

The cards really are stacked against you if you get caught, but if you are drinking and driving, getting caught is not the worst that can happen.

Our state is littered with damaged vehicles and damaged lives from DUI drivers. I'm retired now so you probably will never meet me, but take my advice, don't drink and drive. Whether you are caught or not, if you drink and drive it is only a matter of time before you become one of those people who would normally never get into trouble.

Greg Cantor Retired Sergeant La Mesa Police Department

AMAZING result!!!!!. I made the right choice in choosing Mike Richmond and his team for representing me in my DUI case. A DUI charge can devastate your life, and should not be taken lightly. I was facing the prospect of having a DUI on my record as was getting ready to finish years of graduate and doctoral studies. Having a DUI on my record would have hurt my chances of being hired, thus ruining my life. Not to mention license suspensions, SR22 filing, classes, etc. Mike and his team always took the time, and made extra time, to listen to me and make sure that the facts of my case were scrutinized. They also took the time to explain to me what was happening through every stage of this very complicated process. Mike’s approach is very straightforward and honest, and his team is compassionate and understanding. Thank you, thank you, THANK YOU.

Steve A. (08/26/08) To everyone at the Law Offices of Michael Richmond,

I am tremendously pleased that you were able to attain the fantastic results in my case. I shopped around for an attorney, and upon the recommendation of a friend, I chose your firm. I would like to thank each and every person in the firm for the total, unwavering dedication and work in my case. I will unhesitatingly recommend your office to anyone who asks.

G.H. (USN, Ret.) (08/13/08) I am amazed at where we ended up as compared to where we started. I honestly thought I was #!*!@*, but much to my surprise you and your staff were able to get my charges dismissed. Awesome result.Thanks to you and your staff! From inital contact, to closing my case, you and your staff were great! Many Thanks.

Ed C. (07/22/08) I can not thank you enough for all of your help with my DUI. The result you were able to achieve without the un-necessary expense of trial is simply outstanding. Please accept my sincerest thanks.

P.H. Dear Michael,

I just wanted to take this opportunity to say thank you for all of your services in assisting me with my current situation. You were so easy to talk to and handled everything so promptly! I really appreciate all of your efforts. Because of you I am able to rest easy. I am hoping that I will never have to use your services again, but if I ever run into another situation you can bet that I will come to you first.    Thank you again.

Rachael P.   Dear Michael Richmond and Staff,

First of all, I would like to thank everyone in your office for being more than helpful in answering my questions and concerns pending my case. Your efforts to provide me the answers were usually that very same day, if not early the next morning. Your exceptional communication with my family and I has helped to ease our minds during this troubling time, which is very much appreciated and should not go unnoticed. By providing me information on the day of my hearings let me know that you and your staff take every case very personally as if it was your own. The knowledge of your staff has been encouraging since day one. I am very grateful to have hired your law office in my time of need. I cannot say it enough, but Thank You!!!

Sincerely,
Steven W. (07/16/08) Mike,

I can not thank you enough for everything you have done for me. I am so pleased I can not tell you enough.

H.D. (02/22/08) Mike,

I wanted to take a moment and thank you for the help with my DUI case. For as much trouble I thought I was in, you helped me out a lot with handling my case. I recommend to any one that might unfortunately get a DUI, use Law offices of Michael A. Richmond. He is very informative, helpful and handles it. Sincerely,

S. C.