What To Do When You Are Pulled Over for a DUI

Under California law, there are two different charges for DUI, sections 23152(a) and 23152(b) of the Vehicle Code. § 23152(a) makes it illegal to drive under the influence of drugs or alcohol, regardless of your blood alcohol level. § 23152(b) makes it illegal to dive with a blood alcohol level...

U nder California law, there are two different charges for DUI, sections 23152(a) and 23152(b) of the Vehicle Code. § 23152(a) makes it illegal to drive under the influence of drugs or alcohol, regardless of your blood alcohol level. § 23152(b) makes it illegal to dive with a blood alcohol level of 0.08% or higher.  If you are arrested for a DUI, you can be charged and convicted of either or both counts, but if convicted of both, it will still only count as one conviction with one punishment.

Before you’re arrested though, a police officer must have probable cause to arrest you. The officer will ask you questions such as “Have you been drinking?” or “Where did you come from?” Anything you say can be used against you later at a trial. Remember, you can exercise your Fifth Amendment and refuse to answer these questions. Just tell the officer politely: “On advice of counsel, I respectfully exercise my Fifth Amendment right to remain silent.” Be polite, and be sure to state this as clearly as you can.

Similarly, California law does not require that you participate in a field sobriety tests. These tests are designed to test your motor skills and attention. There is no standardized “pass” or “fail.” It is entirely up to the Officer to judge your performance. As such, these tests are highly subjective and incriminating. The officer will not tell you this but you are allowed to refuse to perform these tests. Your performance during these tests can and will be used as evidence against you later at trial. Always tell the police officer, politely: “Officer, on advice of counsel I will decline to participate in any field sobriety tests.”

Another test that you can refuse is the Preliminary Alcohol Screening Test (“PAS” test), also known as the hand-held breathalyzer. These tests are notoriously unreliable and there are many innocent factors that could skew the results of these tests. When asked to do this, you can politely refuse and state that you prefer to take either the breath test or blood test at the police station.

Officers will often try to intimidate or trick you into taking the field sobriety tests. Remember, you have a right to refuse. Please do so politely. This may not prevent you from being arrested, but you will leave the officer with as little ammunition as possible to use against you later at trial.

If you need a Sacramento DUI attorney, contact Attorney Matthew C. Tabo at (916) 504-2660 . I will represent you with passion, individualized focus, and determination.

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