After enjoying dinner and glasses of wine - feeling satisfied, but not feeling high from the wine, or so you think - you sit behind the wheel and drive away en route home. A few blocks away from your house, you are pulled over. Anxiety begins trickling in while questions run in your mind. Why are the police pulling me over? Were the glasses of wine I drank too much? Will I face a DUI arrest?

The end result depends on your conduct, and even if the traffic officers arrest you, the answers you give and actions you do during the DUI stop are vital. Below is a step-by-step guide of what to do when the police pull you over for driving under the influence. However, the guide is not an alternative for being cautious and avoiding actions that could put you at the risk of being stopped for a DUI. Also, it is not an alternative for seeking assistance from a DUI lawyer. If you need more information, seek an attorney’s help.

Pullover at a Safe Spot

Knowing that the police are recording your moves when they pull you over, it would be appropriate to use signals and show that you want to stop. You want to look for a safe spot away from the traffic to allow the officer to exit their car safely. Creating a good rapport with the traffic officer in the initial moment could bear a positive outcome in the situation. You want to avoid driving erratically and slowing down too hastily when finding a parking spot. If you do so, the officer could make incriminating observations and use them as evidence in your DUI case if charged.

Stay Calm and Relaxed

It is not uncommon to feel anxious when the police pull you over for a DUI. If you are stopped for DUI in California, it is recommended not to act suspiciously or make the law enforcer feel bad. Stay calm and relaxed to avoid giving the officer an impression that you could be carrying weapons in your vehicle.

The police officer is trained to watch for sudden movements and are legally allowed to use their guns to defend themselves when they are in danger. Imagine having a gun pointed at you on the head with your family in the car because you moved your hands. Normally, the police will ask you to keep your hands where they can see them or on the steering wheel when they are talking to you.

Be Polite and Show Co-operation

As a rule of thumb, politeness, cooperation, and upholding a positive attitude in tight situations like being pulled over for a DUI makes you appear as a respectful person to the police. Note that the law enforcement agencies are acting in their capacity to keep the public safe. You want to be respectful of the work they do and treat them respectfully. The police are human beings, and they could treat you in the same manner you treat them. Additionally, they could have an advantage over you if you are problematic.

For example, you could be charged with an assault against a police officer crime. You don’t want to escalate the situation to worse than it is to the extent of committing a felony. Also, you risk being tased or shot in front of your loved ones and offering more evidence to the prosecution to use against you in court. Be polite, and it will go a long way.

Know What is Happening

Thanks to their training, law enforcers watch every step you make like an eagle and record you. Note that the police observations of you begin the instant they notice your car. Driving erratically could show that you are driving under the influence. After the police stop you, you have a right to know why they pulled you over.

Evoke Your Right to Remain Silent or Be Honest if You Must Speak

When the police approach you, they could ask questions that could appear innocent, like where you are coming from. Imagine coming from a party or dinner date and answering them that. You could incriminate yourself without knowing. Because the police are trained and know how to trap suspects, you want to remain silent to avoid your words being used against you.

If the police want to question you after your arrest, they should read you your Miranda rights. However, the law doesn't require you to answer these questions, and you shouldn't do so. You should evoke your right to remain silent and resist any attempt from the police to make you say things that could be used against you in court.

If the police interrogate you while in custody before they read you the Miranda warning, and the prosecution attempts to use your words against you in court, your attorney could use the Miranda violation as a legal defense to your DUI charges.

If you are certain that your speech is not slurred, you could speak to the police. However, you should not lie because whatever you say is recorded on a body cam and could weaken your defense if arrested. It is recommended that you speak only in the presence of your DUI attorney.

Hand Your License, Vehicle Registration, and Proof of Insurance to the Police

When law enforcers pull you over for DUI in California, they will request you to produce particular documents, including license, car registration, and proof of issuance. The procedure should happen often, and you are required to comply. After the police ask for the documents, you are not needed to do anything other than producing them.

While you are reaching for the requested documents, the police are keen to observe your coordination and see if you can do what they say and if you have alcohol cans on you. They also ask you questions for you to speak and find out if you or your car smells alcohol. Other questions are to determine if you could multitask. For example, remember certain information at the same time search for your documents.

Say No to Field Sobriety Tests (FST)

As a standard, the police are obligated to have you do particular sobriety tests, including:

  • HGN (Horizontal Gaze Nystagmus) — When performing this test on you, the police officer holds a pen or another object approximately one foot away from you and watches your eyes follow the object. If your eyes jerk around or twitch, the odds are that you have been driving under the influence.
  • Walk and Turn — Another common name for this test is “walking a straight line.” With this test, you should first watch the law enforcer demonstrate the test, then do it. A walk and turn test entail about nine steps, with the toe of one foot touching the other foot’s heel. At this position, you turn and take nine steps towards the starting point.
  • One-Leg Stand — Yet another FST test that you are required to watch the traffic officer perform before doing it. When doing the test, you should raise one leg approximately six inches above the ground and count from 1,000 moving upwards, for instance, 1,001, 1,002, 1,003… The police could request you to count upwards up to 1,020 while standing on either leg without exhibiting poor balance signs.

Depending on the circumstances, the police could make you perform other unofficial tests like balance-related ones, reciting the alphabet, and counting backward.

Note that the law doesn’t require you to perform field sobriety tests. However, you risk having your driving privileges revoked per the “implied consent” laws. According to the implied consent laws, you consent to take Blood Alcohol Content (BAC) when you apply for a California driver’s license.

Even though you can resist doing sobriety tests at the DUI stop, you must take a test that the police deem fit, whether a blood test or breathalyzer, after your arrest. Repercussions of refusing to take a breath test could be stiff, especially if the case is forwarded to the Department of Motor Vehicle (DMV). Lastly, if the police want to know why you refused to take a breath test, let them know you could only speak after an attorney’s counsel.

In some circumstances, you could be certain that you haven't drunk an alcoholic drink in a while and consider consenting to take the FSTs. You have the right to clear guidance on the testing process. The judge could dismiss the test results and your case if the arresting officers did not precisely explain how you should perform the tests.

Exercise Caution When Consenting to a Chemical Test

You want to be cautious when deciding whether the police should do a urine, blood, or breath test on you. Note that chemical tests are like a double-edged sword. Refusing the test deprives the law enforcer of incriminating proof the test could produce. The refusal could result in the DMV suspending your driver’s license for a year. If you have been drinking shortly before the DUI stop, you should refuse the state’s chemical testing. Should you consent to the chemical test, ask for an additional independent test. You have a right to independent testing, and law enforcement must reasonably help you have the test.

DUI Testing Refusal and Implied Consent in California

If arrested for DUI in California, you could refuse to take a breath or blood test. However, under implied consent laws, you must take a chemical test. You face serious consequences if you resist undergoing a chemical test. As mentioned earlier, the implied consent law states that all motorists consent to chemical testing of their breath or blood for law enforcement to determine their blood alcohol content.

If you refuse a chemical test after detainment, you are subject to refusal enhancement penalties. They include:

  • First DUI violation. Your driver’s license is suspended for a year, and you are detained for 48 hours.
  • Second DUI violation. You lose your driving privileges for two years and are jailed for 96 hours.
  • Third DUI violation. You face a 10-day jail term and driver’s license suspension.

Be Keen On What The Traffic Officers Say And Do

As mentioned earlier, it is recommended that you remain calm when stopped at a DUI stop. Only when in a calm state can you pay attention to the police officer’s deeds and words. Their actions weaken the prosecutor’s case, should you face DUI charges. Some actions that could strengthen your defense and make the judge dismiss your charges include forcing you to take field sobriety tests or forcing you to answer their questions through threats.

Do Not Permit Them To Search Your Vehicle

The Fourth Amendment to the US Constitution protects you from particular police actions when stopped. Firstly, you have the right not to be pulled over without probable cause, for instance, signs of driving under the influence. The traffic officers must have a reason for stopping you. Also, the law protects you from being arrested unless the police have credible proof that you are guilty of DUI. The Fourth Amendment also protects you from unlawful search at a vehicle stop. The judge could dismiss any evidence the police obtain after searching your car without a warrant or our consent.

Write Down All Events That Took Place On Your Arrest

It is not uncommon for you to forget the events following your DUI arrests after being taken to custody. You want to write everything that happened during your arrest as soon as possible before you forget. Your lawyer could use this information to build your defense. It is advisable to write every piece of information even if it doesn't appear relevant to you. Note that your lawyer is knowledgeable in matters law and could find your “irrelevant information” helpful. The information you could write down include:

  • The place you were previously at and what you were doing before being pulled over.
  • What you had and, if possible, the amount of alcohol you consumed before driving.
  • The duration between when you finished your drink and when you the police pulled you over.
  • The police officer’s behavior and any command they administered to you.
  • The responses you gave the police and whether you co-operated with their command.
  • The exact location at which you were pulled over.
  • If the officer read your Miranda rights.
  • If you consent to the chemical or breath tests.
  • Where and when the chemical or breath occurred.

Look For a DUI Attorney or Lawyer

Since you have no experience navigating the California justice system, you want to seek legal counsel from a reputable DUI attorney. From the instance you are stopped at a DUI stop, you have the right to representation by a lawyer. That means the police cannot make you speak or take a breath test without an attorney’s presence. Retaining a lawyer increases your chances of achieving a favorable outcome in your case. Your lawyer could help you maneuver the situation and offer you answers to any question that you might have.

Seeking help from an attorney who understands local DUI laws and could be dedicated to fighting for your rights is crucial to mitigate severe sentences. Things to think of when hiring a DUI lawyer are:

  • Is the lawyer local? The benefits of hiring a local lawyer are many. Reputable local lawyers have a good rapport with judges, police officers, and prosecutors, which is a major advantage.
  • Has the attorney defended many DUI suspects in the past? Normally, attorneys specialize in particular practice areas. A lawyer’s area of specialization could be family law, but they know little about DUI cases. You don't want to gamble with your future. It is safer to entrust your case to a lawyer who has handled multiple DUI cases before.

Schedule a one-on-one meeting with your attorney for a no-obligation consultation. The primary purpose of scheduling a meeting with your attorney is to build trust. You must have a solid relationship with your attorney, and an in-person consultation is ideal for building a rapport.

Bail Out

Your detainment after your arrest does you no good. Your lawyer could convince the judge that you would seek treatment and stay out of trouble if you are released on bail. After walking out of jail, you do not violate any statute each day, proving to the judge that you could be rehabilitated. If you cannot afford the bail amount set, you can seek the help of a bail bond agent. They could help with paying your bail amount, and you could pay them later per the agreement.

Contact a Los Angeles DUI Attorney Near Me

The majority have misconceptions about what you should do when the police stop you for a DUI check. If you follow the steps explained in this article, you could protect yourself and your rights. In a nutshell, be polite to the police, surrender your driver’s license, do not talk without your lawyer’s presence, and resist consenting to any tests at the stop.

To avoid incriminating yourself, you want to seek legal counsel if pulled over for a DUI. At Los Angeles Criminal Attorney, we are devoted to representing DUI suspects and fighting for their rights. Do not wait until the worst happens. Call our DUI lawyers at 424-333-0943 if you are arrested for DUI in Los Angeles, CA.