Common Mistakes To Avoid During a DUI Stop
No one likes a traffic stop. Especially after a night out with friends, the anxiety one feels when being pulled over is entirely understandable. It is essential to be aware of drivers’ most common mistakes and how to avoid them when interacting with law enforcement. Taking proactive measures can protect your rights and significantly improve the potential outcome of a DUI stop.
Lack of Understanding: Know Your Rights
Many people believe that during a DUI investigation at a traffic stop, you must comply with all requests made by law enforcement. In California, this is not the case. You have the right to:
- Refuse field sobriety tests
- Refuse an officer’s request to search your person or vehicle
- Decline to answer any incriminating questions
- It is in your best interests to remain calm yet assertive while exercising your rights
Field Sobriety Tests: Proceed with Caution
Field sobriety tests are done by law enforcement to determine if someone is impaired. Standard tests include directing a suspect to:
- Follow a finger or pen tip with their eyes
- Walk a straight line with their feet touching heel-to-toe
- Stand on one leg and count upwards from 1,000
The limitations of these tests are easy to see. Age, medical conditions, or just plain clumsiness can affect outcomes. Results can also be subjective. Only the officer testing you could judge if you correctly followed his pen back and forth.
Werksman Jackson & Quinn LLP strongly advises you NOT to do field sobriety tests other than the breath test. In California, you have the right to refuse field sobriety tests without immediate penalties and should politely do so.
Breathalyzer Tests: Understanding Your Options
A breathalyzer works by having a suspect blow into a tube to measure the approximate alcohol content in their blood. When your blood-alcohol content is at, or higher than, 0.08%, you can be arrested for DUI. The roadside breathalyzer can also be subject to error. How the test is administered, gender, body weight, and physical conditions can all affect readings.
Despite these shortcomings, we recommend that you comply with breathalyzer tests. While California law allows suspects to decline a roadside breath test, if you refuse to take a breath test or alternative chemical test at the police station, the DMV will take away your license and legal right to operate a vehicle for one year. Alternative chemical tests to the breath test include urine or blood tests, which are more accurate in determining blood-alcohol levels.
Self-Incrimination: The Power of Silence
If you provide more information than necessary to officers during a traffic stop, they can use it as “probable cause” for your arrest. Under the 5th Amendment, you do not need to do or say anything to incriminate yourself. After pulling you over, officers will ask you a series of questions about your recent activities. While you will still need to provide your driver’s license and proof of insurance, you should politely but firmly say you decline to answer any other questions until you consult your Los Angeles defense lawyer.
Get Past a DUI Stop with Werksman Jackson & Quinn LLP
If you are facing DUI charges or other charges related to traffic stops, the Los Angeles drunk driving defense attorneys at Werksman Jackson & Quinn LLP know what to do to secure a favorable outcome.
With a record of excellence stretching decades and a host of professionals with experience on both sides of the aisle, we have a library of DUI defenses to fight for those we represent.
Call us today at (213) 688-0460 for a free consultation to discuss your case.
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