4 Things to do when pulled over for a Los Angeles DUI

Posted over 2 years ago. Applies to Los Angeles, CA, 1 helpful vote

Email

1

Shut up and tell the officer I do not feel like talking.

I would never say I had anything to drink. I would exercise my constitutional right here. The downside to this is that it will annoy the police officer and get him to ask "what have you got to hide" however I would much rather go this path. In fact, no drinking scenario is 10 times better than a wrong drinking scenario. Without getting into the science too much most people put themselves in the worst scenario by saying they had only 2 beers 3 hours ago or even 5 hours ago.

2

I will not do field sobriety test

I will not fall for the old cop trick of passing the field sobriety test. I believe once they ask me to do these, they have already made up their mind to arrest me. I have taken these classes myself and am certified in them. It is during this stage that they collect evidence against me. However, the one that is difficult is resisting the temptation to pass the test. Often times the officer will just order a person out of the car or say something along the lines of I am assessing you and if you pass I will let you go. The downside to refusing these is that they can be used against me in the court of law. However the beats me stumbling around and doing gymnastics on the side of the road anyday. Since I know me not doing the test will be used against me, I usually follow up with I do not want to do these test because they are not an accurate measurement of my driving ability.

3

I will not not take the preliminary alcohol test. (The pre arrest test), unless you are under 21 or on probation

This is not to be mixed up with the post arrest mandatory test which has to be taken; the pre arrest test is the one that they ask you to "assist" them in making in their investigation. This one is huge. I know experts will often try to calculate backwards if they have two reference points. This is voodoo science. However they will do it anyways. The last thing I want with my numbers is a falling blood pattern. IE. .09 On the pre arrest and a .07 on the post arrest. This is bad because it will the state's experts ammo to say I was a .10 at the time of driving. I would much rather have a .07 alone.

4

Preserve my right to a DMV hearing within 10 days.

I would call the DMV number on the pink slip to preserve my right to a hearing. I know that if I do not do this then I will lose my right to a hearing. This would mean that my temporary license will expire in 30 days and I would not be able to drive.

Additional Resources

I would hire an attorney for this matter. The attorney I would pick would be one that understands the science behind Field Sobreity Test,the Pharmakinetics of alcohol and who are famliar with the breath machines. I will NOT hire an attorney who merely dabbles in DUI or who is the cheapest around. A directory of DMV phone numbers and court numbers can be found on http://vulawoffice.com/library/

Rate this guide

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,646 answers this week

2,995 attorneys answering