1. What should I do if I have received a DUI?
Seek experienced legal counsel as soon as possible. Having an attorney represent you will better your chances of “pleading down” the charge or having it thrown out altogether. An experienced DUI defense attorney has the knowledge necessary to ensure everything possible is being done to fight for you and will know what steps you need to take. In most cases there will be less consequences if you retain a defense attorney to represent you.

2. What should I do about my license if I receive a DUI?
REQUEST A DMV HEARING. In California you only have 10 days to request a DMV hearing after receiving a DUI. If you hire a California DUI defense attorney, he or she will be able to assist you with this. If you miss the deadline, your license will be suspended for a minimum of 3 months.

3. What behavior will most likely cause an officer to suspect you’ve been drinking?
Blood shot eyes, slurred speech, clumsy hand-eye coordination, the smell of alcohol, inappropriate language or gestures, the inability to stand-up straight or without aid, leaning on stationary objects for support, not following directions or complying with officer requests.

4. Should you admit that you have been drinking?
No. Respectfully tell the officer that you have been instructed by your attorney not to answer those types of questions. Remember DO NOT be rude to the officer, and don’t lie.

5. Should you submit to a field sobriety test?
It is not illegal to refuse a field sobriety test. If the officer believes you have been drinking and suspects you are over the legal limit, he or she will be taking you in for a breath or blood test anyway, so submitting to other field tests is only going to provide more evidence for a DUI conviction. You may politely decline to submit. After you have been arrested you are required, as part of the provisions of your driver license privileges by the State of California to submit to a blood and/or breath test.

6. What if I am already pulled over to the side of the road when a police officer approaches me?
Do not answer questions in regards to who was driving the automobile. Do not answer as to whether or not you have been drinking. If the officer thinks he will be able to convict you on a DUI, he will arrest you and then you will be required to submit to a blood and/or breath test. There is no need to give the officer any more evidence than you are required to.

7. Should you request to speak to an attorney when you are asked to take a breathalyzer or BAC blood sample?
No, in California you have no right to ask for an attorney until after you have been arrested for the DUI. After you have been arrested you are required, as part of the provisions of your driver license privileges by the State of California to submit to a blood and/or breath test. Not submitting to one of these tests may help your criminal case, however the DMV has the right to suspend your license for at least a year if you have refused.

8. What should I pay close attention to when being questioned and/or arrested under suspicion of driving under the influence?

• Make mental notes of the times in which things unfold from the time of the initial stop all the way until the time you are released from detox
• While waiting to get your breath or blood tested, pay attention to the officers watching you.
  An officer is supposed to be watching you for 15 minutes before a test is administered.
• Note whether or not the officer has any problems with the breathalyzer machine.

9. Helpful Tips for avoiding a DUI
Often times, police are on heightened awareness between the hours of 12a.m. and 4a.m. They may even be looking for reasons to stop you, just to see if you may have been driving under the influence. Excessive speed and tinted windows are among the most commonly used reasons for being stopped by police. When you are being questioned, no matter what the question is, the officer is not necessarily waiting for a specific answer, he or she may be watching your mannerisms, how you comport yourself and paying close attention to your speech. This observation by the officer may even begin before he turns his lights on to pull you over and most certainly begins while he approaches your vehicle.

10. Be aware that a California DUI is not a simple traffic ticket.
A DUI not only affects your driving privileges, but can carry harsh criminal consequences as well and should not be taken lightly. If you are afraid you won’t be able to afford an experienced DUI defense attorney, it is at least worth your time to research one and give them a call. Often times a fee arrangement is possible.

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