The police start building a case from the moment they first see a vehicle that draws their attention. Officers are required to have probable cause to stop a vehicle. In a DUI case that usually means that the officers must observe one or more Vehicle Code violations like speeding, lane straddling, talking on your cell phone, following too close, seatbelt violations, failing to stop for a stop sign or light and other similar violations.
Although my clients often question or disagree with the police officers observation of a violation, one is required for a valid stop. Most people aren't aware that one of the guidelines that the police use to determine a drivers impairment is their ability to promptly produce their drivers license, insurance and registration. A drivers response to this request is frequently a source of the officers observation of impairment by the driver.
Having practiced as a DUI Specialist for over 30 years, I have become increasingly aware of my client's misunderstanding of the law regarding what is required,and what is not required by a driver stopped on suspicion of driving under the influence.
The law does not require a driver stopped on suspicion of driving under the influence to answer questions asked by an officer, other than to provide personal information regarding their identity, address, and drivers license, registration and insurance information. Once a criminal investigation has focused on an individual suspect, they have a constitutional right to remain silent and not make statements that may incriminate themselves. Unfortunately, many drivers during a police investigation make statements that unnecessarily worsen their situation and help the officers build a stronger case against them.
The law also does not require a driver in this situation to admit to drinking or using drugs. There is no reason to make such admissions regardless of whether that is true or not. Suspected DUI drivers are frequently asked by officers to submit to a Preliminary ar Alcohol Screening Test at the scene of the stop. This test is not required by law and eventhough most of my clients feel that they would pass these tests, that is often not the case. This also builds further evidence as to the level of alcohol in the driver's bloodstream.
Statements indicating that you're coming from a bar or nightclub also are not necessary. Clients often feel that the Field Sobriety Tests or coordination tests will prove to the officers that you are not impaired. Client rarely pass these difficult and challenging coordination tests and it provides the officers with additional confirmation of the drivers impairment.These tests are also not required by law and therefore we would not recommend drivers in this situation providing officers additional opportunities to build a sronger case against you.
When a driver is stopped on suspicion of driving under the influence, the Law in
California DOES require a driver to submit to a Breath or Blood Test to determine the alcohol content in their bloodstream. This is a legal requirement and failure to complete one causes greatly increased penalties, including mandatory jail time and a much longer period of License Suspension. In our experience a Breat Test is preferable to a Blood Test since it is somewhat less reliable.
Be polite, respectful and cooperative with the police. Don't engage in a conversation, but merely answer those questions and do those things as outlined above.
Don't help the police build a stronger case against you. By following these practical tips, you can really help the police build a weaker case. Know your legal rights and protect yourself by excercising your Constitional Rights !!!
