Top 5 Things To Do If You Are Pulled Over For DUI In Los Angeles
Author: Los Angeles DUI Attorney
dui lawyer los angeles
It is a very nerve racking experience. You are driving and may or may not have had a few too many drinks when you see the red and blue lights of a patrol car behind you. Thousands of thoughts race through your mind and at that point you are liable to make grave mistakes, mistakes that can effect the outcome of your DUI case (if it comes to that).
Understand one important thing, the next few minutes of interaction with police will be the subject of discussion during the course your DUI case in a criminal court as well as with the Department of Motor Vehicles (DMV). That is why knowing what to do can mean the difference between being convicted of a DUI or not.
While nothing can truly prepare you for this stressful moment, I will try to summarize some crucial points that may help an experienced representative defend your case and increase your chances for success in a criminal court, and with the DMV. 1.BE POLITE A traffic stop of any kind is one of the most dangerous and vulnerable moments for a police officer. When they suspect that a person has been drinking or under the influence of a narcotic, their anxiety level is raised tenfold. By being polite and mindful of the officers' fear for their safety you will help the officers let their guard down and increase your chances of being treated fairly.
You should follow the officers' instructions without delay and provide them with your name, identification and registration/insurance documents. Understand however, being polite and making incriminating statements that will later be used against you in a criminal action for DUI are two different things. This gets us to the next point below.
2.DO NOT INCRIMINATE YOURSELF WITH YOUR WORDS As discussed above when being pulled over for suspicion of DUI, you should be polite and cooperative with the officers. You do not however have to give statements that will incriminate you or give the officers cause to do a further investigation.
The question all police officers ask a person whom they suspect to be driving drunk is "Have you been drinking?" The standard answer a person who has been drinking will be: "Yes I had one beer/cocktail/glass of wine" This is the answer irrespective of if they did in fact have one drink or they took out the better part of a whiskey bottle. The police, criminal prosecutors and the criminal courts know this and by making this kind of admission you have just given the officer cause to conduct a further investigation into whether or not you have been driving drunk. Rather, you should politely state that "I have been advised that I should not answer any questions at this time" Again, I cannot overstate the need for politeness and courtesy at this juncture. The police will not like to hear that kind of answer. Nonetheless keep this in perspective: The police are in the business of arresting you for DUI charges not getting you out of them. So don't answer any questions that will incriminate you, even if you make the officer unhappy.
3.REFUSE A FIELD SOBRIETY TEST Stand on one leg and count to thirty in your head, follow my pencil with your eyes, walk and turn per my instructions and touch your nose are all words that you should never hear and by California law, you do not have to. Drunk driving field sobriety tests are not mandatory in California and you do not have to do them. In fact they are completely subjective in nature and will generally give the officer a reason to say you were in fact driving while under the influence.
Don't believe me? Stand up on one leg, close your eyes, tilt your head back and estimate 30 seconds in your head. Have someone check your work. If you swayed at all or estimated 30 seconds wrong by even a little you have just given the officer reason to arrest you for DUI. Field sobriety tests never help and generally hurt the person being charged with driving under the influence later with the criminal court and the DMV. Knowing that, there really is no reason to take them. 4.TAKE A CHEMICAL TEST ONLY At the scene of the DUI, stop police will often try to stick a handheld breathalyzer machine in your mouth and get you to blow in it. The evidence obtained at the scene will later be used against you in the criminal prosecution for DUI and with the DMV. In California you are obligated to submit to a chemical test (blood/urine) but you do not have to take a breathalyzer test. Do not refuse to take any alcohol tests because this can lead to worse DUI consequences than being above the limit, but you should only agree to a chemical test.
Breathalyzer tests are unreliable and can be influenced by a police officer in order to get a result that will give them cause to arrest you for DUI. Another problem with breath tests is that the machine does not retain a sample for later inspection. A chemical test however is retained by the police and a sample may be requested by your counsel during the course of your criminal case for independent testing. I have seen many times where our laboratory will give a better result for our clients facing DUI charges than the results obtained by the police. Often times a DUI defense attorney will be able to get a person's case dismissed or settled because they were able to get better results on the chemical DUI tests.
There is one caveat to this piece of advice however. If you have been taking any kind of drug (anything from cough medicine to heroin and everything in between) it will most likely show up on a blood or urine test. That being the case, you can then be charged with Driving Under the Influence of drugs. If you have ingested drugs on either the night of the DUI stop or close to it, it is not advisable to take a chemical test. At that point I would suggest taking a breathalyzer but at the station as opposed to the handheld machines that officers carry at the scene. Those tests are more reliable and are not as subject to manipulation by the police. 5.CONTACT LEGAL COUNSEL IMMEDIATELY Unfortunately, you do not have the right to counsel at the time of your DUI stop. Then again if you were, I would probably spend most Saturday nights driving to and from DUI stops, which would really upset my wife so maybe that's a good thing. That is why I write this article so that if you are pulled over for suspicion of DUI you will know what to do and have your virtual DUI lawyer with you if only in spirit.
You are however, entitled to call an attorney as soon as you are processed and released after booking for DUI. There are deadlines on DUI cases such as the deadline to request a license suspension hearing with the DMV. If that deadline is missed then your license will be suspended without an opportunity to be heard. This is just one example of how important having legal counsel is.
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About the Author
Vitaly Sigal is an experienced Los Angeles DUI Attorney
