A DUI (Driving Under the Influence) stop can be a stressful encounter, especially in California, where DUI laws are strictly enforced. Understanding the dos and don’ts during such stops can greatly affect the outcome of your situation.
Here are some crucial tips from Law Office of Michael L. Fell on how to conduct yourself if you're pulled over under suspicion of DUI. Contact us at (949) 585-9055 for a free legal consultation if you are charged with a DUI.
Do Exercise Your Right to Remain Silent
Being stopped by a police officer can be intimidating, especially under suspicion of a DUI. Remember, a DUI is a criminal offense, and anything you say can be used against you in court. It is within your rights to politely refuse to answer questions about your activities or consumption without legal representation present. Simply provide your identification, registration, and insurance information when requested.
Do NOT Discuss Your Alcohol Consumption
Many individuals believe they can mitigate the situation by minimizing their alcohol consumption to the officer. This is a common mistake. Admitting to drinking any amount can provide the police with the probable cause they need to escalate the investigation. Maintain your right to remain silent regarding details of your drinking.
Do Politely Decline the Roadside Breathalyzer Test
In California, unless you are under 21 or currently on DUI probation, you are not legally required to submit to a pre-arrest alcohol screening (PAS) or a roadside breathalyzer test. Declining this test can prevent preliminary evidence that could be used to support a DUI charge. Be aware, however, that after an arrest, you are required to undergo a chemical test, as refusal at this stage can result in severe penalties.
Do NOT Take Field Sobriety Tests
Field sobriety tests are notoriously unreliable and challenging to pass, even for sober individuals, particularly if they have any physical impairments or are under stress. California law does not obligate you to participate in these tests pre-arrest, and declining to do so cannot be used as evidence of guilt in a DUI case.
Contact a Qualified DUI Attorney Immediately
If you are arrested for a DUI, it's crucial to seek legal representation as soon as possible. An experienced DUI attorney can provide the necessary advice and defense strategy to handle your case effectively. From challenging the arrest grounds to negotiating with prosecutors, a lawyer can play a pivotal role in securing a more favorable outcome.
Why These Steps Matter
Understanding and asserting your rights during a DUI stop can significantly influence the proceedings of your case. Actions such as refusing to discuss your drinking or declining certain tests can limit the evidence available to prosecutors, potentially leading to dropped charges or reduced penalties.
At Law Office of Michael L. Fell, we specialize in defending individuals accused of DUI. We understand the nuances of DUI law and are committed to protecting your rights and freedom. If you find yourself facing a DUI charge, don't hesitate to contact us at (949) 585-9055 for a free consultation.