DUI WHAT YOU SHOULD KNOW
This guide will give you some tips about your rights if you are pulled over for DUI. DUI or Driving Under the Influence of Alcohol, Prescription Pills, Marijuana, Methapthamines or other controlled substances, that impair your ability to operate a motor vehicle.
You are pulled over. What you say and do will incriminate you.Everything you do after you are pulled over will confirm the officer'/s had "probable cause" to pull you over and question you. The best thing to do at this point is roll down your windows driver and passenger. You should place the vehicle in park, turn off your radio, stay off your cellphone place your keys on the dashboard and place your hands on the steering wheel. Once the officer requests your identification, comply with his/her request. Let the officer know you are going to reach for your wallet or purse and where it is located. Do not make any sudden moves, move deliberately but in a slow motion as to not place the officer in danger. Some people like to argue about whether you are required to show police your identification. The best thing to do is provide the officer with your driver*s license and vehicle registration. Failing to provide your information could cause suspicion and lead to your arrest. An officer may have pulled you over for failing to use your signals when changing lanes or any other traffic violation. However, they usually tend to ask drivers if they know why they are being pulled over. Most people have the tendency to incriminate by saying something like: " I was speeding because I am late for work." or " Because I did not stop at the red-light." They ask because a guilty person will tend to offer information and for some reason, many people tell law enforcement that they*ve consumed *two beers* when asked if they*ve had anything to drink. This statement could be used against you in a DUI case. You should never answer this question or any questions the police ask you. Politely state that you decline to answer the question/s.
DUI! What are my rights? Do I have to take a breath or blood test? These tips will help.An officer can make an arrest for a DUI if he or she finds *probable cause* to believe that you were driving under the influence of alcohol. A driver who has been suspected of driving drunk can choose between taking a blood test and taking a breath test. If blood or breath tests are not available, a driver may be required to take a urine test. If you have been lawfully arrested for driving under the influence, you are required to submit to a chemical test. The arresting officer must provide the driver with a warning of the consequences and description of the choice to take a blood or breath test. Many people believe that choosing a breath test over a blood test is the wiser choice because the validity of a breath test is easier to challenge in court.
You are under arrest when an officer tells you they are arresting you and begins to explain your rights and you are not free to leave. You should look this up if you need further explanation.
California Vehicle Code Section 23612 states that any driver who has been lawfully arrested for a DUI is required to submit to a chemical or blood test to determine their blood alcohol concentration (BAC). You may refuse to submit to a preliminary breath test that is performed before an arrest using a hand-held preliminary alcohol screening device. Refusal to submit a preliminary breath test is allowed unless:
You are under age 21; or
You are on probation for a prior DUI conviction.
The CA Department of Motor Vehicles DUI information page provides that if you are over the age of 21 and you refused to take a blood, breath, or urine (if applicable) test, you will face the following penalties:
First offense * 1-year license suspension
Second offense (within 10 years) * 2-year license revocation.
You can also face the penalties for DUI offenses on top of these refusal penalties.
Tips: DUI checkpoint -You are legally allowed to turn around if you see a DUI checkpoint coming up. However, you need to avoid making any illegal maneuvers when you do so. If you make an illegal U-turn or aggressive move, it could be enough for law enforcement to suspect you are driving under the influence and pull you over.
Don*t Incriminate Yourself * Simply put do not talk. Your statements could be used against you in a DUI case. Politely state that you decline to answer the question.
Field Sobriety Tests * You have the right to decline. Simply decline to take the test and explain that it is your right to refuse. You are not required to take these tests unless you are arrested for DUI. In most cases, you should not voluntarily agree to take a blood or breath test.
The takeaway to avoid legal trouble is to not consume alcohol, pills, marijuana, or other drugs and drive. You place yourself and others at risk. Never Operate a Motor Vehicle if you are impaired. You may think you are okay to drive but you are likely not. If you are arrested call an attorney.