Knowing your rights is the first step in preserving them.
It is every motorist’s worst nightmare: you have a drink or two at happy hour after work, and as you drive home, you see lights flashing in your rearview mirror. You’re being pulled over — and you have consumed some alcohol. So what do you do? What are your rights?
As any DUI lawyer in Riverside, CA would tell you, the first thing that you must do is pull over. You must comply if the police are attempting to pull you over. After that, you can take certain steps designed to protect your legal rights and your freedom from unjust or false DUI charges.
Exercising Your Right to Remain Silent
You have a constitutional right to not incriminate yourself. If you have been pulled over for a DUI, you should exercise that right by staying silent.
This does not mean that you should simply refuse to talk; you do have to provide the officer with basic information such as your name and your identification. However, beyond basic facts, you are not obligated to provide further information. You do not have to tell the officer where you were, how much you had to drink, or where you are going. Be polite, but exercise your right to remain silent. Talking to the police will rarely help you — but it will often land you in additional trouble.
Refusing a Breathalyzer
Most people are able to refuse to take a roadside breathalyzer test, known as a pre-arrest alcohol screening or (PAS). Unless you are currently on probation for a DUI or are under the age of 21, you should refuse to take this test.
The police need probable cause to arrest you for driving under the influence. If you were not driving erratically, do not have the telltale signs of intoxication such as slurred words, red eyes or the odor of alcohol on your breath, it may be difficult for the police to obtain probable cause if you (1) remain silent and (2) refuse to take a breathalyzer test. Remember that unless you fall into one of two categories (DUI probation or under 21), you are perfectly within your rights to refuse a breathalyzer. It is a smart idea to not give the police additional evidence to permit them to arrest or later convict you of a DUI.
Refusing Field Sobriety Tests
You also have the right to refuse to perform field sobriety tests. This is true for everyone, regardless of your age or your probation status. You are never required to take these tests, but the police rarely present them as an option. These test often involve doing small tasks that may be difficult for you due to a physical or other condition. Doing the tests could lead to a false DUI charge — which is why it is always a good idea to refuse to do the tests.
If you have been arrested for a DUI, contact an experienced DUI lawyer in Riverside, CA today. The Chambers Law Firm is skilled at defending Californians in cases involving false or unfair DUI charges, and will work with you to establish the best possible defenses to the charges. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free appointment and learn how we can help you if you have been arrested for a DUI.
