A very common question I hear is “What should I do if I’m pulled over?” California has some of the most sophisticated DUI law enforcement tactics used in any state. If you’re worried about a DUI arrest, there are some important things to understand an d some important steps you can take to minimize your chances of being arrested, or worse, convicted of DUI.
Keep in mind the the officer who stops someone for suspicion of DUI isn’t looking for reasons to let you go home. He or she is looking for reasons to arrest you. Don’t unwittingly give the officer’s the evidence they need to use against you.
Should I blow a breathalyzer??
Remember this helpful memory aid when it comes to blowing a breathalyzer:
“On the roadway, No way. At the Station, OK.”
There are two types of breathalyzer tests that law enforcement use in DUI cases. The PAS device (or preliminary alcohol screening device) and an EVIDENTIAL device. The evidential device is named this way because it can be used against a person in court as evidence because it meets higher scientific standards and accuracy measurements than the more simple “preliminary” device.
The goal here is to not blow in the PAS device at the side of the road, but to submit a chemical sample at the police station if you are taken there. Why? Because refusing to blow into an evidential device is grounds for a DUI Refusal case against you, with a much more severe license restriction (1 year vs. 3 months.) As an attorney who has handled refusal cases, I can tell you categorically you do not want to face a refusal allegation.
DO’s and DON’Ts that you should be aware of.
Be polite and cordial to the officer
Remember the officer has training in interrogation tactics, so be careful about what you say and do
Submit a chemical test AT THE STATION
Perform any FST’s (Field Sobriety Tests) such as the One-leg stand, or the “Walk the line” test
Blow into the PAS machine at the side of the road