DUI Arrest: You MUST Be Given A Choice Of Blood Or Breath

Law Offices of EJ Stopyro
Orange County DUI Lawyer
DUI Attorneys in Orange County

A typical DUI arrest begins with a traffic stop or a stop at a DUI checkpoint. The officer will come up to your window, ask you for your driver’s license and insurance, and ask if you’ve had anything to drink tonight. If you have been drinking, the officer will likely smell the odor of an alcoholic beverage coming from your car. If you admit to drinking or if the officer smells alcohol, the cop will begin a DUI investigation. As most OrangeCounty DUI attorneys will tell you, the cop will likely perform an eye test called Horizontal Gaze Nystagmus where the cop looks for how smoothly your eyes track his finger and at what angle your eyes display nystagmus—an involuntary jerking of the eyes. The more alcohol in your system, the earlier nystagmus begins.

The cop will then ask you to perform a series of field sobrietytests to determine whether your mental or physical abilities have been impaired by alcohol. This impairment is an essential part of proving your guilt of an Orange County DUI. These field sobriety tests are completely VOLUNTARY and mostDUI lawyers in Orange County will advise against taking these tests. The final voluntary test is usually a breath test, called a “preliminary alcohol screening” test or PAS test. Again, completely voluntary and usually not advised my most DUI attorneys in Orange County.

After talking to you about these voluntary tests, (and possibly you performing them), the officer must decide whether to arrest you for DUI or let you go. If you are arrested for drunk driving in Orange County or driving under the influence of drugs (drug DUI), the law requires the cop to then advise you that you have the CHOICE of a blood test or a breath test. Often times the arresting cop will have their own preference but they are supposed to give YOU the choice. If you refuse to take any test you will be charged with a Refusal and the penalties are more severe. Once you are arrested for a DUI you not only must go through the DUI court proceedings, but you also face a DMVhearing and the possible license suspension. Of course, the DUI penalties for an Orange County DUI are fairly severe.

If the officer did NOT give you the choice of blood or breath when you were arrested for an Orange County DUI, you certainly should consult with a DUI lawyer in Orange County with lots of experience and excellent case results. You may be entitled to have the result of whatever test you took SUPPRESSED. This means the result would be thrown out. This makes it very difficult to prove a DUI against you in court and you may be able to get the charge reduced to a wet reckless or even dismissed altogether.

So if you’ve been charged with a DUI in Orange County it is important that you consult with an Orange County DUI attorney. Call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an OrangeCounty drug DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyers in Orange County
Orange County DUI Attorney