“Do you have anything to drink tonight?” When you are dragged away by the police, these are probably the seven worst words you want to hear, especially after drinking. We have all considered that we might encounter a problem. However, did you know that you can significantly limit the tools the police must use when investigating your DUI? All you need to do is to learn and have the courage to exercise your constitutional rights to significantly increase your chances of not only being arrested by DUI and defeated by DUI accusations.
Before that, We want to point out one thing. We are Los Angeles DUI lawyers. This means that most, if not all, of this information, is based on California State DUI laws. Although the same rules may apply to your state, they may not apply. Therefore, please treat this article only as information and not as legal advice. If you are building a house, consider it as information on how to draw up a building plan. This may help, but you need more information to make a substantial house.
First, it is essential to understand what the police must find to arrest you for finding DUI. This is called probable cause, and it means that the law must have a basis to believe that you committed the crime they accused you of. In easy-to-understand terms, they need sufficient evidence to prove that the crime you committed is reasonable, and a fair third party believes that the crime has been committed. Although this sounds easy, in the context of the DUI investigation, it may not be very easy if you correctly exercise your constitutional rights.
Before going further, we want to talk about the greatest elephant in the room and how it appeared to defeat the DUI type article. The fact is that this article is not involved at all. From my perspective, if you are affected, then the information in this article will not help. This article will not teach you how to drive correctly, talk correctly, or act correctly. It will teach you how to prevent yourself from being intimidated by DUI because of bad luck after drinking a few glasses of wine. From my perspective, the police are trying their best to stop crime every day, and we commend them for that. But sometimes, they take advantage of ordinary citizens’ lack of information and knowledge of the law to obtain information that they might not be supposed to provide. If the police correctly inform citizens of their choice, we don’t have to do this.
Because the police must have a basis for arresting you, you must try to counteract their attempts by restricting information about cooperating with them as a basis for arresting you. The great thing is that the US and California constitutions give you the power to do this. The key is to understand the power you have and use it in a way that maximizes its effectiveness against the police.
This is the typical DUI investigation and arrest. First, they will pull you to random traffic violations, such as speeding, damaged tail lights, or no signal when changing lanes. Next, they get in the car and ask for your driving license and insurance information. Later, they mentioned that they smelled alcohol or suddenly asked you if you were drinking that night. Once this happens, they will ask you to get out of the car and ask if you want to conduct a field sobriety test. After completing these operations, they will arrest you for DUI and take you to the station.
In this case, you can intervene in multiple places and limit the amount of information they have. The first is when they ask you if you have wine to drink. There are two keys to this one. The first key is not to lie. If they can smell alcohol on your body and you lie, they are ready to arrest you. Second, don’t answer this question. You have the right not to provide the police with information about you to not use it for you in the future. The fact that you have been drinking will be against you in the future. Therefore, please do not answer this question and then wait for him to write you a ticket and leave or ask you to perform a field sobriety test.
When he asks you to take the field sobriety test, please refuse. But what’s related to this is that if you refuse, they can use prejudice against you later (translation-the police can say that he thinks you declined because you will fail). However, the reason you will fall is twofold. First of all, you are not obligated to take them. Second, you have heard that they are unreliable, and your lawyer friend told you not to use them (they are wildly inaccurate and do not provide any evidence of your ability to drive a vehicle).
If/when he asks you to take a portable breath test, for the same reason, you should refuse it again. You don’t have to take the exam, so why should you? And these machines are not traditionally accurate (which is why they have a huge machine in the police station to measure your breath alcohol content).
At this point, the officer will have to make a difficult decision (although we guess he will arrest you for DUI) because there is too little evidence against you:
- You commit a random traffic violation that everyone commits.
- You smell like alcohol, but this is not enough to prove that you are too drunk to drive.
- There is no information about whether or how much you must drink that night.
- There is no field sobriety test information.
- There is no portable breath test information.
I don’t know you, but it sounds trivial to me.
The fact is that the officer may arrest you for DUI at this moment. However, as your DUI lawyer, I would instead let you know the case’s facts, then tell the police that you are drinking alcohol, take a field sobriety test and perform a portable breath test. In the latter case, the evidence against you is much more important than in the former case. Therefore, the next time you drive outside, you will be stopped for a DUI investigation and exercise your rights.