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Your Rights During a California DUI Arrest

When you are pulled over on suspicion of driving while intoxicated there are several requirements that you must comply with. Knowing what you must do and what you have the right to refuse will better your chances of fighting a DUI case and will help weaken the government’s case.

A preliminary screening test is not required by law. If the officer asks you to take a test that will give a reading on your Blood Alcohol Level (BAC) at the site of the alleged DUI, this is upon your volition. It is not required that you take this test, you can choose to wait until you reach the station.

It is necessary that you provide the arresting officer with your basic information. This may include showing him or her a form of ID, insurance information and current address and phone number. The law requires that you have to provide this to the arresting officer and may not refuse to do so.

Additionally, when taken to the station you are required to take a blood or breath test to determine your BAC. Unlike the test administered at the site of the arrest, this one is required. You do not have the option to decline the sobriety test at the police station.

Furthermore, admissions or statements at the time of arrest do not have to be given. You do not have to admit to any kind of drinking or even disclose that you were drinking. The arresting officer may ask you questions regarding what you were drinking, how much and what not. The law does not require that you answer these questions, and you may remain silent until you are in court and/ or have an attorney present.

It is important to know what is required of you when stopped for a DUI. An experienced California DUI attorney can help prepare a strong case based on the facts. Knowing your rights and what you may refuse to do, will help the attorney weaken the government’s case and assure that you get the best possible outcome.