First Offense DUI: Punishment And Penalties

A non-injury first offense DUI in Orange County is punishable by up to six months in the Orange County jail. (Vehicle Code Section 23152). There are also mandatory fines and fees of up to $4,500.00. A judge can impose some, or none of the six months of possible jail time for a first offense DUI. However, any Orange County DUI lawyer will tell you that in most cases, Orange County judges do not impose any jail time at all for a non-injury first offense DUI. However, if the first offense DUI involved an accident, a child age 14 or younger in the car, excessive speed and reckless driving, an excessive blood-alcohol level, a refusal to take a blood or breath test, an altercation with police, or other criminal charges, then the law either requires or encourages jail time for a first offense DUI. If the first offense DUI resulted in injury to anyone other than the defendant, (DUI with injury), it can be charged as a felony, punishable by up to three years in the state prison.



Although most first offense DUI defendants receive little or no jail time, by law, these defendants MUST be placed on a minimum of three years of "informal" probation. This means that the balance of the jail time is "hanging over their head" and can be imposed if they break any term of their first offense DUI probation. The terms of first offense DUI probation must include; break no law (felony or misdemeanor), do not drive with ANY ALCOHOL in your system, maintain and carry driver's license and insurance, complete a state-approved alcohol program (3, 6 and 9 month program depending on your blood-alcohol level), pay fines/fees of at least $2,100.00, and submit to a breath test any time you are driving. These are the mandatory terms for first offense DUI probation. The judge can impose additional terms such as attending AA meetings, submitting to search and seizure by any police officer, and not leaving California without permission.



Aside from the punishment from the court, a first offense DUI defendant also faces two driver's license suspensions from the DMV. If the defendant, or their Orange County DUI lawyer, does not request a DMV hearing within ten days of the first offense DUI arrest, then the DMV will automatically impose a four-month DMV suspension. This can be reduced to a 30-day suspension followed by up to ten months of "restriction". The second suspension is imposed by the DMV if the defendant is convicted of first offense DUI in court. This is a six-month suspension but can also be reduced to a 30-day suspension followed by restriction. A skilled DUI attorney can time the suspensions so that they run concurrently, giving the defendant credit for both suspensions at the same time.



If you face charges for a first offense DUI and would like to talk to a skilled Orange County DUI attorney, call The Law Offices of EJ Stopyro at (949) 559-5500 today. We offer a free and confidential telephonic consultation.

Domestic Battery: Penal Code Section 243

In California a "battery" is "any willful or unlawful use of force upon the person of another." A "domestic battery" occurs when the victim is in a special relationship with the defendant. California's domestic battery law, Penal Code Section 243, makes a battery a "domestic battery" when the victim is the  spouse, ex-spouse, cohabitant, parent of the defendant's child, fiancé, fiancée, or in a dating relationship with the defendant. Any domestic violence lawyer in Orange County will tell you that domestic battery conviction draws harsher punishment than an ordinary battery.



While ordinary battery, (California Penal Code Section 242), is punishable by up to six months in the Orange County jail, domestic battery is punishable by up to a year behind bars. Moreover, anyone convicted of domestic battery MUST successfully complete a 52-week batterer's treatment program. This is a mandatory term of probation under California's domestic battery sentencing scheme. Also, a defendant convicted of domestic battery will usually be subject to a "domestic violence protective order" for the length of probation. Probation will last from three to five years. During this time, the defendant's contact with the victim will be limited or prohibited all together by the protective order.



If a defendant has a prior conviction for domestic battery or other crime of domestic violence, such as "corporal injury" or "child endangerment", then a new conviction for domestic battery will require mandatory jail time. Also, if the victim suffered "serious bodily injury", then the domestic battery can be charged as either a misdemeanor or as a felony (called a "wobbler"). A felony conviction for domestic battery can be punished by up to four years in the California State Prison. Aside from the possibility of jail or prison time, a domestic battery conviction on a person's criminal record may have long-term consequences on employment and reputation.



Domestic violence lawyers are familiar with proven and successful defenses to the charge of domestic battery. Lack of a "special relationship", self-defense, defense of property, and false accusation are all defenses used by domestic violence attorneys to successfully defend a charge of domestic battery. If you would like to speak to an experienced Orange County domestic violence attorney call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation with an experienced attorney.

Drug DUI: A DUI Lawyer's Perspective

California Vehicle Code Section 23152 makes it a crime to drive under the influence of alcohol (alcohol DUI) or drugs (drug DUI). While most DUI arrests are for alcohol DUIs, drug DUIs are a close second. Although a drug DUI may have more of a negative social stigma than an alcohol DUI there are often some legal advantages to defending a drug DUI charge. These advantages can be used by a skilled DUI lawyer to get a better deal for client--maybe even a reduced charge such as a "wet reckless".



You see, under Section 236152, there are two ways for the Orange County District Attorney to convict someone of an alcohol DUI. Either show that their blood-alcohol level was a 0.08% at the time of driving or show that they were too impaired to drive safely. Thus, in the case of an alcohol DUI, if there is no bad driving or signs of driver impairment the DA can still convict with a blood-alcohol level of 0.08% or higher. But in order to convict someone of a drug DUI the District Attorney must prove that the driver was too impaired to drive safely.



There simply is no "legal limit" for drugs--whether legal or illegal.

So in a drug DUI case, the prosecutor needs strong evidence of actual impairment. This usually consists of bad driving and/or poor performance on the field sobriety tests ("FSTs"). But even if there is evidence of bad driving or poor performance on FSTs, a skilled DUI attorney can often easily explain this evidence with reasons that have nothing to do with impairment. For example, a DUI defense lawyer can introduce phone records showing an incoming call or text message to the driver, thus distracting that driver and causing a weave or other instance of bad driving. Also, in a drug DUI trial, a DUI attorney can show that the defendant's "poor performance" on an FST may be due to an injury or other medical condition.



The point is that in a drug DUI case the "evidence" of impairment is often subjective and open to more than one interpretation. And without the "black and white line" of a measured level of impairing substance, the DA often has a much tougher case to prove. An experienced DUI defense lawyer can often exploit this and either get a "not guilty" verdict at a drug DUI trial or get a great offer from the DA to settle the case.

second offense DUI: Punishment in the O.C.

A second offense DUI in California carries mandatory jail time. California Vehicle Code 23152 requires at least 96 hours of confinement. But your actual sentence for a second offense DUI will vary greatly depending on what county you are in. Other factors that influence sentencing include; whether there was an accident, any injury, the driver's blood-alcohol level, excessive speed, a child in the car, and cooperation with the police.



A "standard second" is a term used by Orange County DUI lawyers. It refers to a second offense DUI where there is no accident, injuries or other aggravating factor. And in the case of a standard second sentence, there is a great deal of difference depending on the county. While some counties only require the minimum 96 hours of custody, other counties impose penalties that are close to the maximum punishment of one year in the county jail. Any Orange county DUI attorney will also tell you that a second offense DUI also carries other mandatory penalties as well. The defendant must pay a minimum fine and fees of around $2,000.00. Also, the defendant must complete an 18-month alcohol program. A second offense DUI defendant also must be placed on informal probation for five years. These minimum sentencing conditions must be imposed for any second-offense DUI, regardless of what county it occurred in.



In Orange County, a standard second offense DUI usually draws an offer of 90 days in the Orange County jail. If the defendant was still on probation for the first offense DUI, then the offer usually goes up to 120 days. If there was an accident the second offense DUI offer typically goes up to 180 days. The alternative to accepting a standard second offense DUI offer is to go to trial. Of course, if your DUI defense attorney can find a weakness in the DA's case, they may be able to get the charge reduced to a wet reckless. This charge requires no mandatory jail time.



If you would like to speak to an experienced DUI defense attorney call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation.

The DMV Hearing: California DUI Arrest

When someone is arrested for DUI in California, the law requires the arresting officer to confiscate the driver's California driver's license and give them a temporary paper license. This triggers a 10-day window for the arrestee, or the arrestee's DUI lawyer, to call the DMV and request a DMV hearing. If no DMV hearing is requested by the driver or their DUI attorney, then the DMV will automatically impose the appropriate driver's license suspension. If a DMV hearing is requested, then the DMV will mail a new paper temporary license to the driver, allowing them to continue driving until and unless they lose the DMV hearing.



The DMV hearing is usually scheduled for around 45 days after the request for the DMV hearing is made. Thus, a driver can at least buy some more time to driver. Moreover, it is typical for the driver's DUI defense lawyer to "continue" the hearing, or set it another month or two later. Your DUI attorney will need this time to subpoena crucial evidence in the case, such as the calibration and maintenance logs for any breath-testing device as well as the audio/video in the case. So the DMV hearing usually isn't completed for about three months from the date of the request. Again, even if a driver is likely to lose the hearing they can have some flexibility for when the suspension begins.

At the DMV hearing, the DMV must prove its case against the driver by a preponderance of the evidence. Typically, the DMV must prove that the driver was lawfully stopped, that there was sufficient probable cause to arrest the driver, and that the driver had a blood-alcohol level of 0.08% at the time of driving. Since this is a civil matter, (the criminal case is handled in court), the rules of evidence are lax. In fact, the DMV hearing can even be conducted over the telephone.

Although the low evidentiary threshold and the lax rules of evidence make DMV hearings very difficult to win, they can be won. California law requires that breath and blood tests be conducted in a very specific manner in order to avoid mistakes. If the officer makes a mistake, the law requires the test result to be thrown out. For example, the officer must continuously observe the driver for 15 minutes before any breath test to make sure the driver doesn't burp. A single burp can transport minute amounts of alcohol from the stomach to the mouth. This will give a false reading. Also, the cop is supposed to take two breath samples, at least two minutes apart, to confirm the result. If this is not done correctly, the results must be suppressed.



Also, at the DMV hearing, the DMV must prove that there was legal grounds for the stop in the first place. If there was not sufficient "reasonable suspicion" for the initial detention, then all evidence that flowed from the illegal stop must be suppressed. A "rising defense" can also be raised at the DMV. A breath or blood test given long after the time of driving does NOT tell us what the driver's blood-alcohol was at the time of driving. Blood alcohol levels continuously change in a person's body. So a driver may be at a 0.06% at the time of driving but be much higher just 30 minutes later.

If you, or your DUI defense attorney, don't request a DMV hearing within ten days of the arrest, then you give up your right to challenge any suspension. Even if you or your lawyer later learn that the test was not done correctly, once you give up your right to a DMV hearing you can no longer challenge the suspension. Even one  based on faulty evidence.



If you would like more information about the DMV hearing call The Law Offices of EJ Stopyro at (949) 559-5500 today. We offer a free and confidential telephonic consultation with an experienced DUI attorney.

Orange County Criminal Attorney: P.C. 148(a)

It is a crime to "wilfully resist, obstruct or delay" a police officer in the performance of their "legal duty". Penal Code Section 148(a) makes it a misdemeanor to do so. Conviction of this offense is punishable by up to a year in the Orange County jail. Orange County criminal attorneys call Penal Code Section 148(a) "contempt of cop" because of it widespread misuse by law enforcement. It has become routine for police officers to arrest citizens for any disrespect shown or for any hesitation to immediately comply with their commands. The broad, vague language of the statute make it easy for an officer to justify an arrest. After all, what does it mean to resist, delay or obstruct? If I invoke my legal right not to talk to the officer will I be arrested for "obstructing" or "delaying" their investigation? The ambiguous wording of the law and cop-friendly judges have provided fertile ground for rampant police abuse.



Of course, any Orange County criminal attorney will tell you that getting arrested is a far cry from being convicted. You see, we all have the right to question a police officer when they are on our property or telling us to do something. Nor is it against the law to respond slowly to a cop's commands. It is well settled that the First Amendment protects our right to question authority and to voice our opinion. Our founding fathers did not want a docile, compliant population. Rather, they warned against it. Our courts have repeatedly held that Penal Code Section 148(a) cannot be used to silence criticism of police officers. And it certainly cant be used to prevent citizens from filming or recording the police.



However, just because you cant be CONVICTED of 148(a) for exercising your rights doesn't mean the cop wont ARREST you for it anyway. In fact, Orange County criminal attorneys see this happen all the time. The officer knows that they can inconvenience you with the trauma of an arrest at no cost to them. Not to mention saddling you with the cost of an Orange County criminal attorney to get the charges dismissed. And as for the cop, well there is no repercussion for making the illegal arrest in the first place. Although someone illegally arrested could sue the cop in civil court, the high expense of a civil suit and the low dollar damages deter most police victims from filing. Of course, a victim of a false arrest should absolutely file a complaint with the officer's department. Your Orange County criminal attorney will be more than happy to help. These complaints of misconduct stay in the cop's file for five years. They can be very useful for the next victim's Orange County criminal attorney.



If you would like to speak directly to an experienced Orange County criminal attorney call The Law Offices of EJ Stopyro at (949) 59-5500. We offer a free and confidential telephonic consultation.

Choosing An Orange County Domestic Violence Attorney

Choosing the right Orange County domestic violence attorney may seem like a difficult task. But when you break it down, you really want to ask three important questions: 1) Does this lawyer practice in the Orange County courts? 2) Is this lawyer well trained? and 3) Does this Orange County domestic violence attorney have enough experience to handle my case?



1. Does This Lawyer Practice In The Orange County courts ?



Every judge in every courtroom has their own way of doing things. For example, some judges will allow a case to be resolved with home confinement and others will not. And, just like all of us, judges have their own "pet peeves". That is why it is extremely important to find an Orange County domestic violence attorney that practices regularly in front of the judge in YOUR case. Knowing the tendencies and personalities of the judges and DAs who are prosecuting you can make a huge difference. So when searching for an Orange County domestic violence attorney to represent you, ask them how often they appear before the judge in YOUR case.



2. Is This Orange County Domestic Violence Attorney Well Trained?



Lawyers receive the bulk of their training in law school. An inferior law student becomes an inferior lawyer. Don't be afraid to ask a prospective Orange County domestic violence attorney about their legal training. Ask them what their class rank was. Ask them about any awards for academic achievement. Ask them their GPA. This is basic information that you absolutely should ask for. Your freedom may turn on your Orange County criminal defense attorney's training. Don't wait until a malpractice lawsuit to find out that the lawyer you counted on to protect you barely made it through law school. The burden is on you to ask these questions up front. And any lawyer that is uncomfortable answering these questions is NOT the lawyer for you.



3. Is This Orange County Domestic Violence Attorney Experienced?



Ask any prospective Orange County criminal defense attorney how many years they have been practicing domestic violence defense. Many lawyers have been practicing law for years but have never handled a domestic violence case. Ask specifically how many domestic violence cases they have personally handled in their career. And, of course, find out how many of those cases were in the Orange County courts.



Domestic violence defense can be a tricky area--there are special enhancements that may apply as well as specific terms of probation that must be considered carefully when crafting a defense strategy or structuring a plea deal. A lawyer unaware of these requirements may lead their client right into a minefield.



If you would like to speak with an experienced Orange County domestic violence attorney about your case, call The Law Offices of EJ Stopyro at (949) 559-5500 today. We offer a free and confidential telephonic consultation.

Orange County DUI Attorney: O.R. Release

Any Orange County DUI Attorney will tell you that when a driver is arrested for DUI where nobody was injured, the law allows for that driver to be released from custody on their "own recognizance" ("O.R."). That is, the driver can be released from jail while their case is being litigated without posting bail. Penal Code section 853.6 specifically provides for an O.R. release in the case of a DUI arrest. However, an Orange County DUI attorney will also tell you that just because the law says a driver can be given an O.R. release doesn't mean that they will be. In fact, in Orange County, a driver with a prior DUI is almost never released on their own recognizance.



The first opportunity for an O.R. release happens at the jail where the arrestee's Orange County DUI attorney cannot intervene. The jail officer will review the arrestee's record to see if the arrestee has any prior DUIs within the past ten years. If not, the arrestee is usually released on their own recognizance. If the arrestee has a prior DUI, bail will usually be required. The amount of bail will depend on how many prior DUIs the arrestee has. Usually, if the driver has only one prior DUI within the past ten years, bail will be set at ten thousand dollars ($10,000.00). This must be posted until the case has been litigated by the driver's Orange County DUI attorney. Once the case is over, the bail is returned to whoever posted it. The arrestee can either deposit this amount with the court or hire a bail bondsman to post it. A bail bondsman typically charges ten percent of the bail amount, which the arrestee does NOT get back.



Bail is next reviewed at the first court appearance, called the arraignment. At the arraignment, the court checks to see if bail has been posted and whether it is sufficient. If the defendant was released O.R., their Orange County DUI attorney will try to persuade the judge to let the defendant remain out of custody on an O.R. release. The judge has broad discretion and can increase bail, reduce bail, or allow it to remain unchanged. If the judge feels that an O.R. release is insufficient to protect public safety or ensure that defendant will show up in court, the judge will impose bail. Thus, it is up to the defendant's Orange County DUI attorney to persuade the judge that the defendant will not be a danger to the public and will not be a "flight risk".



Usually, if the judge is leaning toward imposing bail, the defendant's Orange County DUI attorney will suggest that the judge allow the O.R. release to continue but that the judge impose "bail conditions" that will ensure public safety. These "conditions" include attending AA meetings, not driving with any alcohol in their system, and even abstaining from alcohol. In In Re York (1995) 9 Cal.4th 1133, the California Supreme Court ruled that when it comes to an O.R. release, a judge has broad discretion to impose reasonable conditions related to the furtherance of public safety. However, there are limits to the bail conditions a judge can set and your Orange Count DUI attorney should challenge unfair or overly burdensome conditions. The federal court held that theses conditions must be reasonably related to public safety and making sure the defendant shows up. (U.S. v. Scott (2005) 424 F.3d 888.) In that case, the court struck down a DUI release condition that the defendant be subject to search at any time of the day or night. The court held that such a release condition does not protect public safety in a DUI case.



If you would like to speak with an experienced Orange County DUI attorney call The Law Offices of EJ Stopyro today at (949) 559-5500. We offer a free and confidential consultation.

DUI Blood Test: How A Sample Is Tested

When someone is arrested for a DUI in California they are required to submit to either a DUI blood test or a breath test. A driver does NOT have the right to refuse to take a DUI blood test or breath test or to have their DUI lawyer present before submitting. (CVC 23612) A refusal to take a post-arrest test is a separate crime. A breath test will provide the officer with instant results--which the officer usually does not disclose to the driver. The results of a DUI blood test, on the other hand, will not be available for at least ten days. The reason for the delay is that the blood sample must be transported to the Orange County crime lab. The sample will then  be refrigerated until it is tested by a forensic analyst. The analyst will use a gas chromatograph in order to test the DUI blood test sample.



Testing the DUI blood test sample is accomplished by placing a small amount of the blood in a test tube. The tube is plugged with a stopper but there is a small amount of airspace between the blood and the stopper. The substances in the blood sample, including alcohol and drugs, will off-gas into the airspace above the sample. This air is then sucked out of the test tube with a needle and injected into the gas chromatograph. This air then circulates around a large metal tube within the gas chromatograph. In this tube, the substances, drugs and alcohol, gather together. Then, the machine burns each collection of substances. This length and intensity of the burning of each collection is recorded and printed out. This shows what substances were in the DUI blood test and the amount of each substance.



These results of the DUI blood test are recorded on a forensic report that is forwarded to the District Attorney and the DMV. The DA will use these results to determine what to charge the driver with, (i.e. DUI, DUI drugs). The DMV will use these results to issue a license suspension after the driver's DMV hearing. Your DUI attorney will also receive this data and will typically have an expert forensic scientist review the gas chromatograph data to see that the testing was properly accomplished.

Because a DUI blood test shows the level of drugs in one's system, as well as the level of alcohol, a driver should never opt for a blood test if they have any impairment-producing drugs, whether prescription or otherwise, in their system. If you would like to speak with an experienced Orange County DUI defense attorney call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation.

Drug Defense Lawyer: Illegal Pat-Down Search

There is a widespread misperception among the public that the police are entitled to pat down anyone they come across. Watch any episode of "Cops" and you will see this pat-down search routinely performed on just about everyone the police encounter. Often, this pat-down search leads to an arrest for drug possession or possession with intent to sell. Any drug defense lawyer will tell you that the Constitution prohibits the police from putting their hands on you and patting you down unless they have specific legal justification. If an illegal pat down search is challenged in court by the defendant's drug defense lawyer, the evidence will be suppressed. Moreover, the police officer will be subject to a civil lawsuit for violating the defendant's Constitutional right to be free from an unreasonable search.



In the landmark case of Terry v. Ohio, a case well known by Orange County drug defense lawyers, the United States Supreme Court held that the police can only perform a warrantless pat down search when the police have:

1. reasonable suspicion;
2. based on articulable facts;
3. that the defendant was engaged in criminal activity; and
4. that the defendant was armed and dangerous.

When a cop performs a pat down search without all four elements (and without a warrant or exception thereto) then it is illegal. But if the pat down search isn't challenged by a drug defense lawyer in court, the illegality will go unnoticed. Unfortunately, many pat down searches are never challenged, especially when a defendant doesn't consult with a drug defense lawyer and just pleads guilty.

So if evidence can be suppressed by the defendant's drug defense lawyer and the cop can be sued, why do the cops continue to regularly perform illegal pat down searches? Because the cops don't really care if the evidence ends up getting suppressed. It doesn't affect the cop one bit. And as for a civil lawsuit, that costs money. Even those defendants with the means to sue a cop usually don't want to expend the energy and time for a small damage award. They are just happy their drug defense lawyer got them out of trouble. Thus, there really is no consequence for the cop. That's why the illegal pat down search continue to be standard practice in police encounters.



If you would like to speak to an experienced Orange County drug defense lawyer call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation.

DUI Arrest: Can I Avoid A DUI Checkpoint

DUI arrests are the primary purpose of DUI checkpoints. If you are stopped at a DUI checkpoint after you’ve consumed alcohol it is likely that the officer will lean into your car, take a good whiff and smell the booze. The cop will then question you extensively about what and when you drank—questions you should not ask without your Orange County DUI lawyer present. Next the officer will ask you to exit the vehicle and perform some “simple” field sobriety tests before they “let you go on your way”. The officer is looking to gather evidence to support a DUI arrest. Then, the cop will ask you to take one last test—a voluntary breath test. But remember, even if you are under the legal limit you are still subject to a DUI arrest and prosecution if the cop feels that you are too impaired to drive. The Orange County DA’s office prosecutes at a blood-alcohol level of 0.06% if they have any evidence of “impairment”, such as a cop’s subjective evaluation of your performance on field sobriety tests. This is allowed pursuant to Vehicle Code Section 23152(a).



Since being anywhere near the legal limit can result in a DUI arrest and conviction, it is best to avoid the DUI checkpoint all together. You can, of course, check the internet for DUI checkpoint locations and plan your drive accordingly. But if you should happen upon an unexpected DUI checkpoint remember this: you do not have to go through it. Orange County DUI attorneys have challenged DUI checkpoint law and police are now required to ensure the DUI checkpoints are well-lit, well-marked, and allow approaching drivers the opportunity to avoid the checkpoint if they choose. That’s right, avoiding a DUI checkpoint, and a possible DUI arrest, is your right. But one work of caution—the police will watch you turn away from the checkpoint and they will look for any legal reason to pull you over. Any law violation will suffice—failing to stop completely at a stop sign, not signaling, or even a defective license plate lamp. So be on your best behavior when you exercise your right to avoid a DUI checkpoint and a DUI arrest.



For more information about a DUI arrest call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free telephonic consultation. You can also reach us on our contact page. Our main office is at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Checkpoint: Exercise Your Rights

DUI checkpoints have become a common DUI enforcement technique with law enforcement agencies in southern California. Even drivers with no drugs or alcohol in their systems become nervous when approaching these menacing traps. Needless to say those drivers with some alcohol or drugs, even prescription drugs, in their system have good reason to be nervous. If a cop thinks you might be impaired there is a good chance you will be arrested for DUI. Knowing your rights at a DUI  checkpoint can help you navigate these intimidating obstacles with the least amount of tension.



First of all, you have the right to avoid DUI  checkpoints. The law requires that DUI checkpoints be

clearly marked with signs in advance. Moreover, the law requires that DUI checkpoints be set up in a way that allows drivers to avoid them–there must be a way to turn in order to opt out of going through them. Any Orange County DUI lawyer will tell you that the police do, generally, follow this law and do set up the DUI checkpoints to allow drivers to turn and avoid them. However, the police also put an officer near the turns and watch to see which drivers exercise their legal right to avoid the DUI checkpoint. The officer will then look for any legal justification to pull those drivers over. Perhaps a license plate lamp is out, or the registration is expired, or maybe a taillight is cracked. So if you choose to turn away from a DUI checkpoint, which is your legal right, your car’s equipment better be up to code. And this is certainly the time to use your best and safest driving skills.



If you choose to go through the DUI checkpoint you also have the right to refuse to answer any questions. While you must provide your driver’s license, registration, and proof-of-insurance at a DUI checkpoint you do not have to say anything. Virtually all Orange County DUI attorneys recommend that you exercise your right to remain silent at a DUI checkpoint. However, remember to exercise this right in a polite manner. Simply tell the officer in a friendly voice that you would rather not answer any questions. Then ask if you are free to go. The officer cannot detain you without reasonable suspicion and the exercise of your right to remain silent can not be used against you.



Finally, please remember that field sobriety tests are completely voluntary. You cannot be compelled to perform them at a DUI checkpoint or anywhere else and DUI defense lawyers agree that you should never do them. Again, it is advisable to exercise this right in a polite, non-confrontational manner. Just tell the cop, in a pleasant voice, that you would rather not do them. Again, ask the officer if you are free to leave. The officer’s last effort will probably be to ask you to blow into a small, hand-held breath test machine before you are “on your way”. Again, as long as you are not under arrest, this test is completely voluntary. And again, DUI attorneys agree that you should never take this test. Remember, you have nothing to gain by answering questions, taking field sobriety tests or agreeing to a voluntary breath test. Don’t try to prove your innocence at a DUI checkpoint. Rather, don’t help the District Attorney convict you by providing all the evidence they need.

For a free and confidential telephonic consultation with an experienced Orange County DUI lawyer call The Law Offices of EJ Stopyro at (949) 559-5500.