DUI police are usually not on your side at this point, so pay attention carefully.
It's better NOT to give police evidence that will be used against you in court. They're just trying to collect evidence so know your rights.
When you are questioned by a policeman (before
arrest), you are NOT in custody for purposes of your Miranda rights and the California DUI cop's obligation to advise you so.
Thus,
when
you politely refuse to answer the officer's questions relating to her or
his
California DUI investigation, either before or after the arrest, there
will no be any statements which can thereafter be used against you in
California
court.
Please remember DUI Field Sobriety Tests are optional in California. Even if you voluntarily try to these roadside acrobatics, you will probably be arrested in any event.
Politely decline any hand-held breath test gadget aka a PAS or preliminary alcohol screening test. If you are more than
21 years of age, this PAS test is also voluntary so you have the right to refuse this type of
breath test in the roads of California.
When given a choice of
blood, breath or urine test
after arrest, choose a urine test if it is available as it is the most
unreliable. The problem is, under current law, the officer may only
offer a blood or breath test in California. If
no urine test is allowed upon request, choose a breath test. Breath
machines "estimate". They are not 100% accurate, reliable or
trustworthy. Numerous possibilities for error exist throughout
California.
Ask to please call a spouse, parent, friend or relative
from jail as soon as possible so they can hear you speak and note your
state of sobriety. Upon release from custody, immediately consult with an experienced
California DUI defense attorney..
Obviously, the preferred way to avoid a DUI conviction or California DMV suspension is to not
excessively drink and then drive.
Purchasing a Breath Tester may help estimate your alcohol level before you decide to drive. There are plenty of inexpensive Testers.