| You know you should have never gotten behind the | | | | pen, flashlight, finger with your eyes), the one leg stand, |
| wheel to begin with. Or maybe, you thought you | | | | finger to nose, etc. However, make sure that you are |
| were fine, and below the legal limit. But here are | | | | aware that under California law, there are |
| police lights behind you, you have the odor of alcohol | | | | consequences for refusing an evidentiary test – |
| on your breath, the officer is walking up to your | | | | that is, a Breath or Blood test. The consequence is |
| window, and there's nothing you can do about it now. If | | | | that you could lose your license for one year on a first |
| you are stopped or arrested for DUI, then there are | | | | time refusal. So, the best thing to do is to politely |
| five things that you need to know now that you should | | | | refuse the field sobriety tests, and request a breath or |
| never do. | | | | blood test at the station, which gives you more time to |
| 1. Don't Freak out, and Don’t Admit to Anything | | | | burn off alcohol. |
| I often have people asking me about immediately start | | | | 3. Don't Miss Your Court Date |
| popping mints, Listerine breath strips, chewing gum, or | | | | Before you're released from the custody of the police, |
| even reaching under the seat for that flask that | | | | you will be given a court date. Do not ever miss a |
| they’ve kept hidden for just this situation (so that | | | | court date, period. Not only will it void your bond |
| the police can’t prove when the alcohol was | | | | agreement, you will have a warrant for your arrest. |
| consumed). Suffice to say that reaching around | | | | Many times, the fines are considerably higher for those |
| frantically in your car for anything, especially something | | | | that miss court dates, since there is a failure to appear |
| shiny and metal as the officer approaches your vehicle | | | | criminal charge tacked on. It also does not put the |
| is a good way to increase your chances of getting | | | | judge in the best of moods. Keep your court dates to |
| shot. Roll down all your windows, (this also airs out | | | | avoid adding these problems to your case. |
| the car), turn on your interior lights, put your hands high | | | | 4. Don’t Assume you Must Plead Guilty. |
| on the steering wheel, and don’t get out of the car. | | | | There are many defenses to DUI cases, including |
| Now is also not the time to go into detail about what | | | | defenses specific to breath testing or blood testing. |
| you had to drink and about how you’re fine. | | | | Make sure you go over your defenses during a free |
| Because the Fifth Amendment protects you from | | | | consultation with a DUI Specialist, to see if, and how, |
| self-incrimination, you have the right to refrain from | | | | your DUI case can be dismissed, or reduced to a |
| answering any and all questions that the police officer | | | | different charge that can end up saving thousands in |
| asks you. This means that you do not have to tell the | | | | points, fines and fees, and save a criminal record. After |
| officer how many drinks you had. If you do not say | | | | you plead guilty, it’s too late. |
| anything, the officer can't testify later in court that you | | | | 5. Don't Defend Yourself |
| were slurring when he pulled you over. Your refusal to | | | | You may be considering defending yourself in court, |
| speak cannot be held against you, so do what any | | | | but that is never, ever, a good idea. You’ve heard |
| judge or lawyer would advise you to do - politely | | | | the saying, "a person who defends himself has a fool |
| refuse to answer any questions, and tell the police that | | | | for a client!" You need an aggressive, experienced |
| a lawyer told you not to answer any questions (since | | | | attorney who is familiar with the law, and the court |
| you are reading this, this is now true). | | | | where your case is in. Trying to tackle something as |
| 2. Don’t do the Field Sobriety Tests (FSTs). | | | | complex as DUI by yourself is truly unadvised. |
| In California, the FSTs are optional, and voluntary. | | | | If your case is in Orange County, you should strongly |
| They are designed to give the police evidence to | | | | consider consulting with one of the best Orange |
| support probable cause that you were under the | | | | County DUI Lawyers in the area, and get advice from |
| influence, and can be refused without any | | | | a DUI Specialist Orange County, to save your license |
| consequence. Field sobriety tests include the walk | | | | and stay out of jail. |
| and turn test, the horizontal gaze nystagmus (follow a | | | | |