DUI - Your Rights

You Have the Right to Remain Silent.
You don't have to tell the officer where you're coming from. You don't have to tell the officer if you've been drinking. You don't have to tell the officer what you've been drinking.

Being pulled over is frightening, especially if you have had even the slightest amount to drink prior to driving. The natural tendency is to comply with all of the officers’ demands. Make no mistake: it is not a good idea to be belligerent with the officers, and it is illegal to resist or delay their investigation.

However, other than identifying yourself, assert your right to remain silent! The officers will want you to admit that you were driving, or how much you had to drink, so that they won’t have to prove these facts through physical evidence. Just tell them that you assert your right to remain silent. That way, your answer can’t be used against you.

You Only Have to Give a Blood or Breath Sample AFTER you Have Been Arrested.
During the course of a DUI investigation, you may be asked to provide a sample of your breath by blowing into a device called a Preliminary Alcohol Screen (PAS). It is most frequently given as part of the field sobriety tests. The Vehicle Code requires that you be told that you may refuse this test. Be aware that you do not have to provide the PAS test and doing so will most likely be used by the officer to justify your arrest.

The best advice is to ask the officer whether you have the right to refuse a breath test. After you have been arrested, the “implied consent” law requires that you give either a breath sample or a blood sample. Failure to do so will result in a one year suspension of your driving privilege.
Note: This applies if you are OVER 21. If you are younger than 21, you must submit to the PAS test.

You Have the Right to Demand a Blood Test Over a Breath Test.
The police officer may want to talk you into the breath test; however it is in your best interest to stick to a blood test.

You Don't Have to Take the Field Sobriety Tests (FSTs).
These tests are, for the most part, subjective in nature. This means that if the officer believes you have been drinking (or if you admit to drinking "two beers," like many people claim to), the officer will FAIL you, no matter how well you perform on the tests. If you think that your agility and dexterity will impress the officer so much that he/she lets you go, you are sadly mistaken.

In some counties, the Judge will instruct a jury that your refusal to perform the FSTs can be considered as "consciousness of guilt." However, oftentimes it is better for your attorney to challenge this jury instruction than it is to have the jury hear the arresting officer describe why he "failed" you in the FSTs.

You Should Have a Wallet/Purse that Contains the Three Following Items:
A valid driver’s license; valid car registration; and a valid proof of insurance. These should all be in ONE localized location that you can hand the officer upon request. This will circumvent the officer from adding into his police report that you “fumbled” your documentation.

If you have been arrested anywhere in California for a DUI, we have lawyers that can help.

Call (916) 797-1397 for a free consultation with a DUI attorney at our Rocklin office.