As a driver in California, drinking alcohol and driving shortly after could put you in trouble. If the police pull you over at a DUI stop, you should comply. The primary purpose of the stop is to investigate whether you are driving under the influence. The police may ask you to take a preliminary breath test after pulling you over the suspicious DUI. You may refuse to submit the test since sometimes the apparatus provide unreliable and inaccurate information. Upon refusing to perform the test, the police will arrest you. After your arrest, you require legal help from a DUI attorney to guide you through the entire legal process.

What Could Make the Police Officers Suspect You Over Driving Under Influence

For the police to arrest you over a DUI charge, they must have probable cause. It means the officer must have a reasonable belief you were driving under the influence. The following reasons might make a police officer pull you over and even arrest you for a DUI charge.

  • Poor Driving

When you are erratically driving, making frequent lane changes, swerving or making sudden line changes, or driving slowly, the police officers may have probable cause to suspect you of a DUI.

  • Lights Off or Not Working

The police may suspect you are driving under the influence when driving at night time with headlights off. The police will automatically pull you over and contact a DUI investigation. Although the aim of the pullover was the unworking headlights, it doesn't mean the case won't evolve to a DUI charge.

  • Traffic Violation

Violating any traffic laws may give the officers reasonable suspicion and pull you over. Although the initial stop involves traffic violations, it doesn’t mean the case won’t evolve to a DUI. If the officer notices intoxication signs, including alcohol odor, or slurred speech during the traffic stop, he/she will likely investigate DUI.

  • In-Person Observation

As the police observe your driving pattern during a traffic stop, they may suspect you are driving under the influence. For the police officers to arrest you, they must detect signs of impairment, including bloodshot eyes, alcohol odor, and slurred speech.

What to Do or Not Do When Police Pull You Over Suspicious DUI

The police must establish reasonable suspicion for them to pull you over a suspicious Driving Under Influence. Panicking is the last thing you should do in this situation. If the police pull you over, and you had a drink that might be above the legal limit, take a breath, relax and follow the steps below:

Find A Convenient Place to Pull Over

Slow down and correctly use turn signals as soon as you find a convenient place to pull over. The officers will immediately start to make observations and record them in their reports. The police must have noted something that makes them suspect you of drunk driving before stopping you. As a driver, you cannot do anything about the police observations at the checkpoint. However, the report may significantly impact the results of your court hearings and trial. Among the critical things the officers will note is the way you pull over. When you slow down abruptly, or drive erratically, or pack your car in an unsafe location, it’s more likely the police will suspect you of drunk driving.

Wait for The Police Officers to Approach

After finding a safe place to pull over, turn off your car’s engine and roll down the window, don't panic when the officers approach you. Again, don't reach for your wallet or license abruptly. Avoid leaning over to look for your registration in the glove compartment. You should search these documents when asked. If the police see you moving, they might think you are hiding illegal products like drug paraphernalia or suspect you are reaching a weapon.

Be Polite and Not Conversational

Try to say as little as possible. Skip questions or don’t ask questions like, why did I pull over? In case the police ask you whether you know the reason for stopping, say no. Again, if the officers ask you what you have been doing in the last hours or if you had a drink, don’t answer the question. Once you show the police respect, it’s more likely they will not arrest you.

If you are hostile, insincere, rude, the police are more likely to arrest you and make an effort to ensure you face conviction, including writing an incriminating report. Once the officers ask you to come out of your car, you need to comply with them and minimize the possibility of being arrested.

Don’t Make Suspicious or Sudden Movements

Police officers are trained to protect themselves and be cautious. They approach cars from behind to have a clear look and prevent the drivers from attacking or shooting. So, don’t make sudden movements, don’t jump out of the car, or twist to watch the police approach you. The best thing to do is maintain your hands on the car's wheel until the police approach you through the window and inquire to know your identification.

Have Your Registration, Proof of Insurance, and License Easily Accessible

When the police pull over a suspicious DUI, they will also require to know whether you have these items. Thus, you need to place the items in a place you can easily retrieve smoothly. Have them ready and clipped together since an investigation for these items may proceed to a DUI investigation.

Don’t Answer Possible Incriminating Questions

Police’s anxiety of pulling you over at a checkpoint is something they often see drivers experience. Often, drivers are likely to incriminate themselves, especially if they are lying. You should provide your full names, registration, insurance information, or license upon request. If the officers ask whether you are impaired or how much you have drunk, but you suspect you may incriminate yourself, say you are sorry and that you are advised not to answer questions. The officers will pressurize you and may even arrest you and make you lose your driving license, but the arrest may not be serious because you didn’t incriminate yourself.

In case you had one drink, you may say so. The fact is one or two drinks won’t place you above the authorized limit, although it may vary depending on the drink and the person. So if you doubt yourself, say nothing. You should know lying isn’t the best idea. Thus when you answer the police questions, be truthful. If you provide wrong information and the officer notes, the information might be used against you at the law court.

Refuse Taking the Hand-Held Breathalyzer Test

If the police officers suspect you of operating a car while impaired, you have the right to call your defense lawyer over the phone before submitting for the test. In California, the breathalyzers are unreliable and have countless ways of skewing the outcomes. Due to improper maintenance, training, or calibration, the officers may gather inaccurate results. If you refuse to take the breathalyzer test, your driving license will be suspended, but that is much better than spending your time behind bars.

So, don’t blow the breathalyzers at the DUI stop. Alternatively, the police officers may ask you to take other tests including chemical or blood tests after arriving at the police station. If the police take you to custody and require you to take the tests while at the station, don’t refuse since you might be charged for resisting arrests.

If the case proceeds to the courts and the prosecution team use breathalyzer test results, you only need to prove the charges are insufficient or invalid. Your defense attorney may avoid the conviction verdict by showing the prosecution lack sufficient evidence.

Don’t Take Field Sobriety Tests

After the police pull you over a suspicious Driving Under Influence, they may decide to perform a field sobriety test. The test involves several instructions which you have to follow. For instance, the test may require you to have a balance on one foot. Other tests may need you to look in a particular direction fully or partially.

Again, the test may require specific movements with a given number of steps. Most of the instructions are difficult for many drivers to follow correctly. Most people may not complete the test due to health issues or their age. Thus, you may refuse the test under the above circumstances.

In California, the police aren’t under obligation to make you perform sobriety tests. The tests are among the most accurate tools in gathering evidence against you. Although they aren’t that reliable, they give the police an observation line on where to make decisions about intoxication.

If you refuse to perform the sobriety test, the court may suspend your driving license. However, it’s better to refuse the test and skip the probability of remaining in jail for months, if not years. Again, it is better to have the judge hear from uninformed police about how you were drunk based on unscientific sobriety tests.

Don't Admit That You are Drunk

After the police pull you over a suspicious DUI, provide them with your insurance details, drivers license, name, and registration but don't admit to drinking. The best thing is to remain silent because the police record your conversation, meaning admission for DUI will be used against you in the court of law. Note that the biggest problem with admitting is how non-specific it was. The officers will pressurise you to tell them how much drink you have had. But they won't ask you the type of drink or when you had the drink. It is illegal to drink and drive in California. So if you admit, ensure you explain the kind of alcohol, the time you had the drink and whether you had anything to eat with it.

Minimize the Smell of Alcohol Coming From Your Car, if You Had a Drink

After pulling over for a suspicious DUI, the police are trained to smell alcohol odor coming from your car. The officer might stick his/ her head close to the window to have a close breath of alcohol. You can minimize the smell by rolling your window before the officers approach you. By rolling the window, you will minimize the officer's encounter.

Again, you may smoke or chew gum to reduce the alcohol odor if you had a drink. But don't start the actions in front of the officers since they may argue you are chewing gum or smoking to cover the alcohol odor. Therefore, you need to use these items before the police approach you. Ensure you keep a distance from the officers without appearing suspicious.

Don't Make any Statement After the Arrest

Many police cruisers have cameras/microphones in front seats or on back seats. So whatever you say while in the cruiser is recorded either through audio or video. Remember, the law allows you to call your defense attorney while interacting with the officers.

Don't Consent For a Vehicle Search Without Probable Cause

In California, the law requires police officers to have probable cause before they search your vehicle. They usually look for objects inside your car which they may view in plain sight. If they have a reason to believe you are drunk driving or having something illegal, then they have a reason to search. However, if they ask you whether they can search your vehicle, you have the right to decline the search even if they pressurize you.

Don't Submit For a Chemical Test

After the police pull you over a suspicious DUI, politely refuse when the officer asks you to submit for a urine or blood test if you had a drink. Remember, after declining the blood or urine test, the police will arrest you for a DWI/DUI regardless of whether you take the test.

In California, declining to submit for a chemical test subjects you to at least one year of license suspension. As mentioned above, suspension of your driving license would be better than facing conviction for a DUI charge since a DUI conviction would trigger heavy fines and long jail terms.

Prepare for The Worst-Case Scenario

Refusing to perform a breathalyzer and field sobriety test doesn’t mean the police won't arrest you for the Driving Under Influence charge. The police may arrest you, provided they have probable cause. They may smell alcohol beverage on your breath, see an open container, and then notice you have impairment signs like bloodshot eyes and slurred speech. It’s often sufficient to determine a probable cause for your arrest over DUI. Thus work with a criminal defense attorney to guide you when you require him/her the most.

Contact A California DUI Attorney

The whole court process might be complicated, especially when it’s your first time arrest. Thus you deserve and need legal help from a skilled DUI attorney to fight for your rights. The vital thing you need to do for yourself is hiring a qualified attorney conversant with DUI laws. The attorney will examine your situation and guide you through the entire legal exercise. When you call the attorney while at the court, he/she will advise on whether to submit for the tests.

Once the police release you, write everything you remember concerning the arrest. If you have many notes about your arrest, your defense attorney will have an easier time fighting your charges. A fresh memory is usually accurate, thus do this immediately. If possible, you may include the following information in your record:

  • The exact location where the police pulled you.
  • Where you were and the activities you were doing before driving.
  • The behavior of the police and the instructions they gave you.
  • What you drank and how much you had the drink.
  • The period you had the drink before the police pulled you over your car.
  • The information you gave the police officers.
  • If and when you submitted for a chemical test.

Write carefully everything you remember, even if you think it’s irrelevant. For instance, roadside sobriety tests may be hindered by several things like your dressing (high heels or tight skirts, among others). After the attorney takes over your case, you want to be honest and discuss everything you remember. By doing so, details which seem minor to you could be critical to the attorney. When you know you made mistakes, be honest for the attorney to know how he/she could assist you in understanding your rights.

Find A Criminal Defense Law Firm Near Me

When police pull you over a suspicious DUI, the situation may be challenging, especially if it is your first time. Remember to remain calm throughout the entire process. Being uncooperative and defensive will only worsen your situation. The impacts of DUI might affect you financially and have a stain on your criminal records. Working with a criminal defense attorney would ensure favorable outcomes for your case. At the LA Criminal Defense Law Firm, our team of skilled attorneys has helped many clients facing DUI charges in Los Angeles, CA. Call us today at 310-935-1675 and speak with one of our lawyers.