Know your rights and avoid incriminating yourself when stopped for DUI.
Obviously, it would be safer for all Californians if no one ever drove under the influence of drugs or alcohol. The police and highway patrol officers are out on the roads every day doing the best they can to catch impaired drivers and get them off the streets before they hurt themselves or others. Unfortunately, sometimes mistakes do happen that result in individuals being falsely accused of DUI or having their rights violated during a DUI stop. Knowing what to do in the event of a DUI stop will help ensure your rights are protected. Here’s some advice.
Remain Calm
First and foremost, remain calm when stopped for a DUI. You don’t want to appear agitated or aggressive in any way that could give the officer probable cause to believe you are under the influence of drugs or alcohol. If police ask you about your drug or alcohol use, it’s usually best to politely decline to answer. However, if you are confident that your BAC is below the legal limit you may want to admit drinking a beer or two in order to explain the alcohol on your breath. What you definitely don’t want to do is lie.
Refuse Field Sobriety Tests
You are not required to perform any field sobriety tests such as standing on one leg, walking a straight line, following a pen with your eyes, etc. These tests are not designed to exonerate you but instead to confirm an officer’s suspicion that you are under the influence. Plus, they are unreliable and often give false positives. By the time you get asked to do one of these tests, the officer has probably already decided to arrest you. Taking the test will only create more evidence against you.
Do Not Consent to a Search
Police may look in the windows of your car to check for evidence of DUI or other crimes. However, they can’t search your vehicle without probable cause. If they ask permission to conduct a search, do not give it. If they already had probable cause, they wouldn’t be asking you for permission.
Do Not Take a PAS Test
Unless you are under 21 or on probation for a prior DUI, you are not obligated to take a Preliminary Alcohol Screening test during a DUI stop. You are better off letting the officer arrest you and then taking a blood or breath test at the police station. Your attorney may be able to challenge the results of these tests later. However, be aware that some Highway Patrol officers have a different device called an Evidential Breath Test. You must take this test at the scene of the alleged DUI.
Call an Attorney
The single most important thing to do after a DUI stop leading to an arrest is to call an attorney as soon as possible. Dan E. Chambers has ample experience in DUI cases and he is available to serve you any time, day or night.
