Keep your wits about you to minimize your chances of being arrested for a DUI.
In California, a DUI (driving under the influence) charge is a serious offense. If you are convicted of DUI, you could be facing time in jail, the loss of your license, fines, mandatory DUI school, community service and probation — and that is just for a first offense. For a second or greater offense, the consequences become even more severe.
We should all avoid drinking and driving. Operating a motor vehicle under the influence of alcohol can be dangerous or even deadly — and it is always a smart choice to allow someone else to drive if you have been consuming alcohol. But there are times when you have had a small amount of alcohol and are able to drive responsibly, yet are stopped on suspicion of a DUI or for another reason. In those situations, it may be difficult to know what to do. Even though you are not intoxicated, you may be panicked, knowing that you do have alcohol in your system and that California treats DUIs as significant offenses. That is why, as experienced Riverside DUI lawyers, we have put together some tips on what you should — and should not — do if you have been stopped on suspicion of DUI.
Do Exercise Your Right to Remain Silent
A DUI is a criminal offense. If you have been stopped on suspicion of committing a DUI and a police officer is questioning you about where you have been or what you have been drinking, you are not obligated to answer. Instead, politely inform the officer that you are exercising your right to remain silent, and provide identification and insurance information if it is requested.
Do NOT Say Anything About How Much You Have Had to Drink
Many people try to talk their way out of a DUI by telling an officer that they only had two beers or one glass of wine. This will not help your case, and can only hurt you. Remember that you have a right to remain silent. You could ask the officer if he is going to write you a ticket, and if not, to please let you go. Otherwise, do not attempt to explain how much you have had to drink.
Do Politely Decline the Roadside Breathalyzer Test
In California, you are not required to take a pre-arrest alcohol screening (PAS), or a roadside breathalyzer test, unless you are under 21 or currently on DUI probation. If you don’t fall into one of those two categories, you should say no to taking a PAS. If you are arrested, you will be required to take a chemical blood, breath or urine test, but until that point, you are not required to give a sample.
Do NOT Take the Field Sobriety Test
You are not required to take field sobriety tests. Many sober people would fail these tests for any number of reasons, such as having a physical disability. Most police officers do not let people know that they have a choice to decline taking field sobriety tests. Know that you do have a choice, and politely decline to take them.
If you have been arrested for a DUI, you will need an experienced Riverside DUI lawyer to defend you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation. We will work with you to protect your rights and your freedom.
