Posted almost 2 years ago. Applies to California, 1 helpful vote,
- Do not drink and drive in California. While it is lawful to drink and drive as
long as you
are not over the California DUI legal limit and not
legally impaired,
purchasing a hand-held breath test gadget may help
determine your
breath alcohol level before you drive.
- By law, you only have to give the officer your license,
registration and insurance.
You do not need to give any further evidence designed to
convict you of a San Diego DUI.
- When you are contacted by
California DUI
police, you will be questioned before any arrest. Since
you are
not in custody for the purposes of Miranda warnings, you
may politely
refuse to answer any of the investigating officer's
questions,
before or after the California DUI arrest. That way,
there will
not be incriminating statements that can be used against
you in California court or at DMV.
- Acrobatics or gymnastics, aka
Field Sobriety
Tests (FST's), are optional and completely voluntary. If
you try
to do them, you may be arrested anyway. It is better not
to give
the investigating officer any California DUI evidence
that will
be used against you in court. You can politely refuse to
do any
FST's.
- Polite refuse to blow into any
hand-held
gadget, aka, the preliminary alcohol screening (PAS)
test. If
you are older than 21 and not on California DUI
probation, the
test is voluntary and you have the right to refuse this
type of California DUI breath test.
- Since the California DUI arresting officer may
only offer
a blood or breath test, choose a breath test. The breath
machines
are not 100% accurate and there are many possibilities
for error. (See California
DUI & Drunk Driving Defenses to San Diego County
Breath Test.)
When given a choice of blood, breath or urine test,
choose a urine
test if it is available as urine is the most unreliable
California
DUI test.
- Call someone you know as soon as
possible
so they can hear you speak and note of any state of
sobriety.
You usually will be able to make a call from County
jail.
- Behave and be respectful at all
times to
the police. How you are perceived by a California DUI
jury is very important.
- Write down the chronological list
of everything
that happened before being contacted by California police up to and including your release from jail.
- Research & Google
possible California DUI/DMV defense attorneys to represent
you. A
qualified drunk driving lawyer will look for positive
facts in
order to properly present the best strategy at the California
DMV hearing and Court.
Getting arrested for Drunk
Driving
does not inevitably end up in a loss of license or a
California
DUI conviction. These pointers are suggested but are not
legal opinions
in any California DUI case.