Law Offices of EJ Stopyro
Although there are exceptions, as a general rule, if you are
stopped by the police after you have been drinking, DUI lawyers recommend
the following tips:
1. PAY ATTENTION TO YOUR DRIVING while you are pulling over.
When you see the red light in your mirror, don’t panic. HOW you drive now is
very important. If you drive in an unsafe manner, make wide or narrow turns,
don’t park within the lines of a parking spot, or hit the curb when you park,
this can be used as evidence to convict you of DUI in court proceedings. The officer will write it in his report and it
will be evidence to show that you couldn’t operate a car safely. So when you
pull over, give all your attention to driving.
2. DO NOT answer the officer’s questions about what you
drank or ate or even where you are coming from. There are many ways to do it;
you can say that you’re not comfortable answering questions without your
lawyer. Be polite but remember that all you need to give the officer is
your name, license, registration, and proof of insurance. Beyond that, it’s
best to give as little information as possible. Be ready to be arrestedbecause
there is a good chance you will be. But nothing you say is going to help you
anyway. But WHAT YOU DON’T SAY may help prevent charges even being filed later
on for lack of evidence. Help your DUI lawyer help you later on.
3. DO NOT take any field sobriety tests.
Including the test where the cop asks you to follow his finger. (Horizontal
Gaze Nystagmus) DON’T DO IT! These tests are VOLUNTARY, but most people don’t
know it. Simply politely decline to take any field sobriety tests.
4. DO NOT submit to a voluntary breath test. Most police agencies in Orange County will ask people
to take a breath test BEFORE the driver has been arrested. This test is
voluntary and you should NOT take it. Again, be polite but firm.
5. DO submit to either a breath or blood test AFTER you have been arrested. Under California’s
“implied consent” law, all drivers must take a test after arrest and refusal
to do so will result in increased penalties. Deciding which test to take is a
bit tricky. A breath test is less accurate and reliable than a blood test and
therefore easier to attack in court. However, a breath test SHOULD NOT be taken
close to the time of drinking because the breath machine will usually read
HIGHER than your actual BAC if the test is taken while alcohol is still being
absorbed from the stomach. (absorptive phase) Once all the alcohol has moved
from your stomach to your bloodstream and your body is now eliminating alcohol,
(elimination phase), then a breath test can actually read low in your favor. So
if the testing is done long after you finished your last drink, a breath test
is probably best.
These tips will NOT help prevent you from being ARRESTED for
a DUI. However, they may be quite effective at preventing you from being
CONVICTED of drunk driving. If you’ve been charged with a DUI in Orange County it is
important that you consult with an Orange
County DUI attorney with outstanding case results.
Call theLaw Offices of EJ Stopyro at(949) 559-5500 to consult with an Orange County drug DUI lawyertoday.
The consultation is free and confidential.
Or visit our website at www.EJEsquire.com.
Law Offices of EJ Stopyro
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