07 January ,2014 By Admin Category:Protective Rights

Dealing with a DUI stop is foreign to most people.  The consequences of a DUI are relatively severe: you get arrested, lose your license, pay large fines, your insurance dramatically increases and at times, you may lose your job.  Thankfully, you have rights during a DUI stop that can help you get your case dismissed, obtain reduced charges or never have charges brought against you.

Keep in mind that California law virtually considers any amount of alcohol in your system a legitimate cause for a DUI citation as well as full responsibility in traffic accidents, regardless of who caused the accident.

No matter how cautious you are, there is a real possibility that law enforcement will stop and harass you regarding a possible DUI citation. First, it is important to realize how few alcoholic drinks it takes to exceed the legal standards in California of .08% Blood Alcohol Content (BAC).  In addition, even if your BAC is below .08%, you may still be considered DUI based solely on a police officer’s claim that you were “impaired”.

Because a police officer’s word is taken as truth without question, do not offer information to him or her unless you have to.  Any information the officer is provided will only be used against you.  The police officer is not on your side! He or she is trying to build a case against you for prosecution of a DUI!

Make things easier on yourself by following these general guidelines:

DO be polite. The officer hasn’t done anything to you just yet; do not give him reason to do so.

DO obey all traffic laws.

DO make sure your headlights are on and your seatbelt is fastened.

DO provide the police officer with any requested identifying information (license, registration, etc.).

DO choose to take the breath test once you are arrested and at the police station.  This is the chemical test which you are required to take as part of your privilege to have a license in the state of California.  You have choices on the type of test to take, take the breath test.  It is the most inaccurate of the tests and can be readily challenged in court.  Science is on your side.

DO NOT let law enforcement search your vehicle.  In other words, do not consent to a search of your vehicle.

DO NOT answer any questions regarding drinking.  If the officer asks you whether you have been drinking merely respond with a question such as, “Would you like to see my driver’s license and registration?”  Your admission that you have been drinking gives the officer “cause” to pursue the matter further.

DO NOT take any blood alcohol content test at the time of the stop.  You are not required to take a breathalyzer at the scene of the stop.  Doing so only gives the officer ammunition in his case against you.  The officer might tell you that the test will show that you are possibly not intoxicated and let you go, this is not true! If you have made no admission to drinking and have performed no tests that he can claim you performed inadequately, his grounds for forcing the testing are limited to your driving and your demeanor.

The test given at the scene is called a Preliminary Alcohol Screening (PAS).  This is not the same test that is required of you if you are arrested and taken down to the police station.  A chemical test is provided at the police station in which you are required to submit to. Remember that being arrested does not mean you are guilty of DUI, it just means that they have “cause” to believe that you may be DUI.

DO NOT perform any field sobriety tests.  The officer may ask you to exit the vehicle and you must do so.  The officer may ask you to complete a few tests to “prove that you are capable of driving safely.”  You do not have to do this.  Again, this will only provide information to the officer in his case against you for DUI.

Driving Under the Influence

A legitimate police stop for a suspected drunk-driving incident does not have to be based on manipulative questions or scientific tests and devices.  If you are driving erratically or breaking traffic laws it might be a give-away of your impaired condition.  Keep in mind that prevention is the best defense to a DUI, so drive carefully, obey traffic laws, and take routes away from highly-populated bars and other liquor establishments. If you do get stopped and arrested for a DUI, contact an aggressive DUI lawyer to fight for you and get your case dismissed or your charges reduced.