Reader’s Question:

It would seem fortunate that even though I have risked drunk driving so many times, I have never been caught by a police officer here in California. I try so much not to do it but it seems unavoidable and maybe I would still keep on doing it until I get caught. If I will be stopped for a DUI suspicion, what are the things that I would have to keep in mind?

Marty

East San Gabriel Valley, CA

If you get arrested for DUI in California, the worst thing you can do is aggravate the situation by incriminating yourself or doing something that can possibly make the charges against you heavier.

You have to keep in mind that you should discuss your case with the arresting officer and limit the information you give to what is necessary. This would include your name, permanent address, birthday, etc. Don’t answer any questions related to the arrest and don’t tell them if you have been drinking, how much alcohol you consumed, if you were driving the vehicle, etc. You have to exercise your right so remember that you have the right to speak to an attorney before you say anything to the police.

Stay calm and don’t resist even if you think you are innocent because everything that you say or do can be used against you. Don’t attempt to run and always keep your hands where the arresting officer can see them. Contrary to popular belief, you can actually refuse to take any chemical test (blood alcohol content or BAC test) until you have spoken to your attorney. You also have the right to set up an additional privately-administered test upon your arrest, while you are detained in the police station.

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Reader’s Question:

I have been living here in San Diego, California almost all my life. We cannot avoid sometimes that after partying the whole night, we need to drive ourselves home with a little alcohol in our system. I know some people who have already been charged with DUI, most of them don’t get away with the tough penalties. But just in case, how can I be arrested for DUI?

Alice

San Diego, CA

Living in San Diego, California could mean a busy life. But sometimes, you can get away with it by having a party with some drinks. If you really can’t avoid drinking and driving on those occasions, it would be unfortunate if you get caught and charged with DUI.

A person is charged with DUI if he/she exceeds the legal limit of .08% blood alcohol content (BAC). Usually, the BAC of the person accused of DUI is used to determine guilt. In California, an arrest for DUI can be made at any blood alcohol level. Some counties routinely prosecute people with BAC levels below .08%. More often, the decision of the patrol officer to arrest drivers depends upon the performance on the field sobriety tests (FST) and the driving pattern (speeding, weaving, an accident, etc). A police officer could arrest for simply being under the influence of alcohol or drugs with no reference to the driver’s BAC level at all. The District Attorney would then file a 23152(a) CVC charge, which is simply DUI. Again, this will likely be based on the police officer’s observations of your driving pattern and performance on FST.

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You can’t walk into the office of your Los AngelesĀ  DUI attorney with no information, or your consultation will turn out very unproductive. Instead, you’ll need to bring some info, especially about what kind of evidence your DUI case is based on. The kind of evidence will have a big effect on your ability to fight your case.

Evidence for DUI varies, and one of the most common forms this evidence comes in is that of symptoms of drunkenness. This may be that you were driving erratically in some way or another, or that when you spoke to the police officer you slurred your words and had eyes that were bloodshot.

If you’re pulled over for a DUI, then you’re probably going to be given a test. Even people without slurred speech may fail when asked to walk in a straight line, and either way you’ll end up having your breath or your blood itself tested. If they find you were over the legal limit, your case will be harder for you and your Los AngelesĀ  DUI attorney.

Along with that, you may have gotten yourself into some trouble as well. If you weren’t in the right state of mind, you may have admitted that you were drunk, which will turn out badly for you. You need the best attorney you can get.

This is the reason why you need to hire the best Los Angeles DUI lawyer to represent you in court. They can asses your situation and they will be able to explain to you the consequences to you so you will be aware. An experienced DUI lawyer know the ins and outs of court and they can help you get a milder sentence if especially if you already have too many DUI offenses in your record.

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