This tips suggested what is better NOT to do after being pulled over for a DUI in Los Angeles
Do not submit to the field sobriety test.
Field sobriety tests are a series of tests that police will offer a driver suspected of a DUI. The field sobriety tests are voluntary tests and a refusal to submit to the field sobriety tests should not be used against a DUI driver in court. The field sobriety tests can include variety of test that the police officer decides to use. Some field sobriety tests are standardized, to wit, they are based on research and tested in a lab comparing ability of police officers to determine the level of impairment. The standardized field sobriety tests are a Horizontal Gaze Nystagmus, a One-Leg-Stand, and Walk-And-Turn test. All other tests are not standardized and therefore less reliable in determining a level of impairment. But even the standardized field sobriety tests are very subjective and an aggressive police officer case easily determine that you "did not perform the test as instructed and demonstrated", to wit, you failed the field sobriety test. For those reasons, it is far better strategy not to submit to any field sobriety test because it will rarely help you win your case and instead will allow the police to increase the chances of arrest.
Do not be a jerk to the officer but be firmed in your refusal to do voluntary test
Despite this having little relevance to the level of impairment or the blood alcohol level in a DUI investigation, the prosecutors will take into account how rude or obnoxious was the driver to the police officer in its settlement discussion or case analysis. It is fairly common for a police officer to be overly aggressive for motorist and to overstep its boundaries with its investigation and search of the vehicle and the body of DUI suspect. Los Angeles DUI attorney recommends to maintain calm, notice the violation of your rights but do not overreact. Failure to comply with a lawful police order can subject you to a PC 148 prosecution. To avoid being arrested for resisting a lawful police order you must comply with police officer request even if you do not agree with it. If you have very strong objections to what the police officer is asking you to do or to his conduct, you can ask for a supervisor to come to the location of the stop or lodge a formal complaint with the police agency later.
Do not refuse a chemical test. A chemical testing at the station is required by law.
Prior to the arrest, a police officer might offer you to submit to a breathalyzer test to check presence of alcohol in your breath. The presence of alcohol can be used to prosecute you and help establish your guilt. That test is called a preliminary alcohol screening test, or PAS. The PAS test is voluntary so that a refusal to submit to it can not be used against you in court. In contrast to the preliminary alcohol screening test, after an arrest you will be given an choice to submit to a blood or breath test, which is a mandatory test. Failure to submit to this mandatory blood or breath post arrest test, can be used to enhance punishment. Currently, there is an ongoing constitutional debate on the legality of the state laws mandating submission to search of one's blood in an arguable violation of the 4th amendment to the US Constitution. Until that debate is resolved by the highest court of the nation, the law in California mandates submission to the chemical test and willful failure to do so can have very severe consequences. On the DMV level of the prosecution, the failure to submit to a chemical test can result in 1 to 3 years license suspension or revocation. On the criminal court level of prosecution, a willful failure to submit to the chemical test can result in an additional 2 days of jail and a mandatory 9 month program for 1st DUI offenders.
Do not admit to driving
In cases where driving can be in dispute, do not admit to being the driver or driving the vehicle. In California, one of the elements of a DUI prosecution is the actual driving. For example, if the police came to the location of a car accident and saw an impaired person near the car, the police officers will attempt to establish a link between the person near the car and the car. They will try to prove that the person was the driver of the car to secure a DUI conviction. Do not help them by admitting that you were the driver. The police is not more likely to let you go when you tell them the truth. Although lying to the police officers is illegal, you have no duty to volunteer information that will incriminate you. Under the 5th amendment to the US Constitution, you can refuse to answer questions that will make it easier for the government to convict you of a crime. We recommend not to answer any questions that go beyond establishing your identity.
Do not submit to PAS, unless required by law
See #3 above. An adult who is not on probation for a DUI is not required to submit to the preliminary alcohol screening test. Minors and DUI probationer are required to submit to the Preliminary Alcohol Screening test. Failure to do so will be considered a refusal and will result in a one year license suspension by the DMV.
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