As a motorist in California, it's prudent for you to be careful about how much alcohol you drink before hitting the road, whether you are leaving a party or have just spent an evening out socializing with friends.
If an officer motions for you to pull over while you are driving, comply with this request as soon as possible and as soon as it is safe to do so. Once you have pulled over, roll down the vehicle's window. Demonstrate that you are not a threat to the DUI officer by placing your hands upon the steering wheel. Under such circumstances, it's important that you keep your required documentation organized. This means knowing exactly where your driver's license, vehicle registration and your proof of insurance are located. Otherwise, the officer may note that you appeared to be out of sorts, digging through your wallet or glove box and unable to find your paperwork.
You are not required to tell the officer if you know the reason why he or she pulled you over. Obviously, the officer knows the reason for stopping you. The purpose is to check whether you have been driving while under the influence of alcohol or drugs, including prescription medication. Instead of giving an answer, you can ask the officer why you have been pulled over.
Typically, an officer will inquire as to whether you have been drinking alcohol. Keep in mind that you are not required to answer. If you had answered in the affirmative about whether you have had anything to drink that night, the officer can use this as evidence against you.
At this point, officers will usually want to ask permission to administer field sobriety tests, including a portable breath-testing device that samples your exhaled breath for signs of alcohol. You may want to refuse to take such tests because they can be unreliable and possibly used against you. Keep in mind that you are not legally required to take a preliminary alcohol breath test (PAS test) when pulled over under suspicion of DUI.
However, if you refuse to take the test, the office will undoubtedly place you under arrest, slapping on the handcuffs and hauling you down to the police station. When you arrive at the police station, you will be required to take a blood, breath or urine test to measure how much alcohol is in your system. Refusal to take such a test at the police station will result in an automatic one-year suspension of your driving privileges.
Note that if your body is still absorbing the alcohol you drank, a breath test may give you a higher result. However, if you undergo a blood test for alcohol, you should not expect to get any results for seven days or more. Keep in mind that the laboratories used by police officers may not always use the correct level of potassium oxalate and sodium fluoride when doing blood alcohol tests. If that is the case, you may be able to argue that the test result is not accurate or even valid due the noncompliance with required procedures.
After being arrested in California, expect to get a document known as the "DS-367" upon your release from custody. It is a pink document that will inform you and your lawyer that you are required to notify the Department of Motor Vehicles before 10 days have passed following your arrest, in order to set up a hearing date to contest the suspension of your driving privileges. Mark the date on your calendar, because failure to meet the deadline may result in your license being suspended without an APS hearing taking place.
Remember to play it safe when it comes to alcohol and driving. Avoid getting behind the wheel if you are intoxicated. Always drive carefully, do not answer questions from DUI officers that can be used against you and remain polite as they try to extract information from you.
If you are pulled over and arrested for DUI or any other criminal matter, it's important for you to contact a DUI defense attorney as soon as you are released from custody. A competent DUI attorney can evaluate your case, strategize your defense, and ultimately help you get life back on track.
