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What To Know When Stopped for a DUI

There are few things that can more devastating to your personal and professional life than being charged with a DUI (Driving Under The Influence).

If you are ever in that position there are a few things you need to know. ..
If you are stopped because the police officer thinks you have been drinking, he
is more likely to proceed as if your are intoxicated.

First and for most be calm, respectful, and answer all of the officers questions. Remember the officer is not after you, he is after DUI offenders and simply doing his or her job.

A bad attitude with get you more personal attention than you really want.

You should always have your drivers lic and registration within easy reach. The last
thing you want to do is go digging through your vehicle for the papers. Looking nervous
at this point can heighten the level of suspicion the office already has.

Think before you speak. Talking in a normal voice, without slurring words, is the best thing to do. No need to get excited or raise your voice to the officer. Never make jokes
they often come off less that funny.

If asked questions keep your answers short and to the point. For instance if the officers asks (Do you know why you were stopped sir (or madame)”. Reply “No”. Questions are often asked to get you to admit what the police officer is thinking.

If asked if you have been drinking or how much have you been drinking. It is best to
say “ I would rather not say officer”. Admitting that you have been drinking you have established his grounds for the traffic stop. Do Not Lie…

By answering the question with “I forgot” it is like saying, “I have been drinking so much
that I can’t remember how many drinks I had”, saying “Just a few” is admitting you have been drinking…just say “I would rather not answer that”.

This is where it can get interesting….

If asked to exit the vehicle, get out and follow the instructions of the officer. Field Sobriety Test or “FSTs” may follow. You have the right to say no to these test. Next you may be asked to take
a breathalyzer. A handheld portable breathalyzer is used to measure the alcohol in your system and can be used as additional evidence against you. Again you have the right to say no.

At this point you will probably be taken to the local hospital for a “BAT” Blood Alcohol Test.
There are few exceptions where you you refuse to take the blood alcohol test. While it is being done, asked to have a second blood sample should be taken, ideally by a second technician at a separate testing facility, although simply requesting that blood is to be drawn and stored so you can later arrange an independent test is likely the best you can hope for under the circumstances.

You may or may not be taken to the station at this point, but you will have to engage an attorney for you defense.

When choosing a lawyer to assist you with your troubles always hire a DUI Law Pro. Someone that specializes in Driving Under The Influence cases. Do not hire a real estate attorney to handle your “Criminal Case”. Yes, I said Criminal Case. Driving Under the Influence is a criminal offense.

You can start by contacting the Bar Association in your area or the area in which the offense took place. The State Bar Association my have the attorneys listed my specialty. The Yellow Pages, Internet, and even sites such as Linked In can provide names.

No matter what remember that a DUI not only effects your life but the lives of everyone around you.

DUI Law in California

The DUI law in California states that a Driving Under the Influence (DUI) charge can be leveled against you if you have a blood alcohol level at or above .08. There is a “pro se” presumption that you are driving drunk with that blood alcohol level — whether or not there are other mitigating factors.

That’s both good and bad news for a person who is pulled over by the police or highway patrol on a DUI charge.

The bad news is that there’s no wiggle room. It doesn’t matter if you can drive safely with that amount of alcohol in your body. Ifyour bac is .08, you’re driving drunk.

However, this does not mean that there are no defenses in a DUI case. DUI attorneys in California have successfully defended many people in drunk driving cases.

For instance, because the state relies on this “pro se” claim, there may not have been any additional evidence against you. Successfully attacking the breathalyzer test, thus, results in a dismissal of charges.

So, the good news is that the breathalyzer itself can be challenged.

In fact, there are more problems with the breathalyzer than state officials would like to admit. That’s why you need to get a good DUI lawyer in California.


Last year, 200,000 people were arrested for DUI in California. 90 percent were charged with a misdemeanor and the other 10 percent were charged with a felony which is more serious. There were a significant number of cases that resulted in “not guilty” verdicts with the assistance of DUI lawyers.