What to Do When You Are Pulled Over for a DUI

California DUI consequences are one of the harshest nationwide. A conviction may mean jail time, hefty fines, and other implications. How you act and deal with law enforcement when they pull you over is one of the primary factors determining whether they will ultimately arrest you and the success of contesting the accusations against you.

That said, it is essential to know what to do when stopped for driving while intoxicated in California. What you do will not necessarily prevent the officers from arresting you or even facing a conviction. However, they can give your lawyer a fighting opportunity to contest probable cause to arrest you should it come to that. This could assist you in beating the charges against you, saving your driver's license, and preventing your auto insurance from increasing.

Be Polite and Keep Calm

If a police officer has flagged you for DUI in California, you should slow your car down and then pull over. Then, turn the car off and roll your window down. Ensure your hands are where the police can see, preferably on the steering wheel. You can then greet the officer politely using a few words. For example, you can say “Good evening, officer” or “Officer” with a polite nod.

Note that soon after the officer wants to pull you over, they begin making observations they will include in their report. For them to want you to stop, they have already observed something they think indicates you are impaired or under the influence. You can do nothing about those observations at this stage. However, the police report can significantly affect your trial and other proceedings related to the revocation or suspension of your license.

Among the first things the police are likely to observe is how you pull over. If you slow down too abruptly, drive erratically, or pull over in an unsafe place, they will include that in their report, which could hurt your case.

When the police request your registration, insurance, and driver's license, ensure you stay calm and hand them over. Avoid making unexpected movements while handing over the documents. Although you might feel nervous, making unexpected movements will make the police think you pose a threat.

If the officer asks you to step out of the car and place your hands on the roof of the car, calmly obey their request. Exit the car and walk directly to where the police officer directs you. At this point, the law enforcement officer is looking for a lack of coordination.

On the other hand, do not consent to the officer searching your car. Make them obtain a search warrant. If they threaten or coerce you into allowing them to search your vehicle, you will have consented under duress. That means the car search is unlawful, and any evidence acquired will not be admissible in court.

Ensure to remain polite and respectful, even when the police officers are not. Otherwise, they will end up arresting you. Also, stay polite even if the officer ends up arresting you. Being insubordinate or rude will only harm your defense and the entire case.

Exercise Your Right to Stay Silent

You might chit-chat with the officer, hoping they will favor you. Or you are just a talker when you are nervous. However, note that the police are not on your side, nor are they your friends. They have undergone training to interrogate you, asking questions meant to have you incriminate yourself. They may ask questions like:

• Where have you been?
• Where are you going?
• When and what did you eat last?
• How much alcohol did you have to drink, and when?

The officer asks these questions to establish probable cause to restrain you. For example, they could be looking to see whether you have slurred speech. That is their job. Yours is to remain polite while staying silent. Remember that the officer would not have stopped you unless they saw a possibility of arresting you.

You might think it is ideal to inform the police that you had a couple of bottles of beer some hours ago, but it is okay since your house is not far away. However, that is not okay. If you do that, the police will have a reason to subject you to BAC testing. In California, if your BAC is 0.08 percent, you are under the influence as described under the law. In that case, the police have the right to place you under arrest.

The reason it is not ideal to tell the officer you had a couple of beers some hours ago is this: As you consume alcohol, blood alcohol content rises over time, reaches its peak, and then starts falling. Therefore, if you tell the officer you took a couple of beers some hours ago, they will think that if they arrest you, the BAC results may indicate a decreasing BAC, from which the jury could deduce a higher BAC when the police pulled you over.

That said, instead of saying you had a few beers, simply invoke your right to stay silent. This would, without a doubt, strengthen the police’s suspicions and perhaps even piss them off. However, it will not be admissible before a court of law.

Now, some individuals feel they should say something. This is still a bad idea. However, if you must say something, agreeing you had some drinks ten or five minutes before being pulled over is less detrimental than saying you drank some hours earlier. That is because should you go to trial, an expert witness can justifiably argue that:

• When the officer pulled you over,
• Your blood alcohol content was increasing instead of decreasing, and so
• Your BAC level was lower than 0.08%

Note that the judge can still convict you of drunk driving even when your BAC level is lower than 0.08 percent. This can happen if the D.A. shows you drove while impaired. However, it will be more difficult to demonstrate if you do the right thing when pulled over.

Be Tactical In Answering Direct Questions

Now, you know it is not okay to chit-chat with the police. However, the police will still ask you direct questions. How, then, should you answer this case? Here are some common questions officers ask and their proper responses.

Do You Know Why I Pulled You Over?

If the officer asks you this question, do not say something incriminating, such as “because of my speeding?” Rather, say a neutral comment, “No officer. Could you kindly tell me?”

Have You Been Drinking Tonight?

Most individuals who were drinking will attempt to undersell their response. They will say, for example, "Yes, officer, but I just had two bottles of beer at my friend's party some hours ago.” If you say this, not only would you have admitted you have been drinking, but you would also have given the police an approximate timeline.

They will assume you were more drunk when you began to drive than you were at the time of the stop. Rather, politely decline to respond to the question. You could say, for example, “I would rather not respond to your questions, officer.”

How Much Have You Had to Drink?

This is a question to set you up since the police officer already presumes you are drunk. Even agreeing you consumed only a glass of wine while taking your lunch is confessing that you drank. Instead, say, “I am sorry, officer, though what makes you believe I was drinking?”

The key point here is never to confess to anything. If you admit to something, defending your case will be more difficult. Also, do not lie or mislead the police. By doing so, you will more likely provide evidence to be used to prove your guilt than you will trick the officer into allowing you to go.

Decline a PAS (Preliminary Alcohol Screening) Test

The officer can also ask that you take a PAS test. The PAS device refers to a breathalyzer machine that officers use at DUI checkpoints. You are not mandated to undergo PAS testing unless:

• You are under twenty-one years of age or
• Not serving a probation sentence for a past DUI conviction

If none of the above situations apply to your case, you are not obligated to take the tests. You also do not have to give your reasons for refusing to take them. That said, you can politely decline to undergo the test. Do not let the officer's arguments on why you should take it sway you. For example, the officer may say, ‘If you are not drunk, it will show it, and you will be free to be on your way.”

Decline Field Sobriety Tests (FSTs)

The police officer can also require you to undergo FSTs. Some of the available FSTs include the following:

• The Rhomberg balance test: The officer asks you to stand straight with your eyes closed and feet together. They will then watch for your body movement about the perpendicular item behind you. If you topple or exhibit irregular swaying, the officer will conclude you are drunk.
• The finger-to-nose test: The officer will ask you to close your eyes, tilt your head slightly, and then touch your nose using your index finger. Here, they look for clues of intoxication, like swaying, inability to obey instructions, or body or eyelid tremors. If you show several of these signs, they may deduce you are drunk.
• The stand-on-one-leg test: The officer will ask you to raise one leg at least six inches high for about thirty seconds. They want to see whether you can maintain balance for the requested period.
• The walk-and-turn test: The police will instruct you to walk nine steps heel to toe one way and back. They expect you to follow an imaginary line while keeping balance. If you lose the balance, you will have failed the test.
• The gaze nystagmus test entails the officer observing your eyeballs as you try focusing on an item going back and forth. The officer is looking out for involuntary twitches or jerking in your eye. The twitch shows that the level is beyond the stipulated limit.

Even the most sober individuals have failed these tests. Therefore, there is no point in taking them. If you take the tests and anything does not add up, the officer can use it against you, regardless of how minor it is. It is true that if you decline these tests, the officer will likely place you under arrest anyway. However, your attorney will at least know how to argue your case should it go to court.

Politely decline to undergo each of these tests and maintain your refusal even if the officer cajoles and threatens you with arrest. If the officer had probable cause to place you under arrest, you would be arrested by now. So, if they ask you to take FSTs, there is still no probable cause.

Remember, this point does not discuss declining chemical testing, just field sobriety tests. You should decline to take FSTs because these tests serve two purposes:

• To permit the police to observe (and will testify later) how best you followed FST instructions and
• How best did you perform in the tests themselves

Suppose you are serving a probation sentence for a past DUI, and one of the probation terms is that you undergo FSTs. In this case, you will have to submit to the tests. Failure to which the D.A. could charge you with probation violation, subjecting you to more severe penalties on your prior DUI. Request your lawyer to help you review your probationary terms if you are unsure of what they are.

Submit to Chemical Testing If Placed Under Arrest

If, after all this, the police officer still says they have probable cause to place you under arrest, do not argue or be impolite. Just remain calm. After the officer arrests you, they will subject you to breath, urine, or blood chemical testing.

Each of these tests has its advantages and drawbacks. However, it is essential to understand you should not decline to undergo chemical testing. Whereas you can decline these tests before your arrest, things are different after a DUI arrest has occurred already. The reason you must take the tests after your arrest is that failure to which the following could happen:

• You may face a sentence increment for chemical test refusal
• The DMV can suspend your driver's license for a minimum of 12 months

Remember, the DMV utilizes a much lower standard of proof than that applied in criminal courts. Therefore, the DMV can still suspend your license even if you win your case in criminal court.

Do Not Give The Police Reason to Place You Under Arrest

The most essential thing to remember if pulled over for drunk driving is not to give the police probable cause to place you under arrest. An officer cannot place you under arrest for drunk driving without a valid reason. By talking too much or taking FSTs, you are likely handing them the necessary probable cause to arrest you.

If the police simply think you may be under the influence but lack solid evidence to support these suspicions, they cannot lawfully place you under arrest for drunk driving. If they proceed with arresting you anyway, a skilled DUI attorney may successfully argue wrongful arrest. The judge can then dismiss your case.

This is true even when, after your arrest, you did not pass the chemical testing. If the court determines that the arrest was illegal, any evidence collected during the incident will also not be admissible. Understanding your constitutional rights to safeguard yourself and prevent criminal charges is essential.

Remain Silent, Polite, and Calm if Arrested

If the officer arrests you, remain calm. You will likely be released soon enough. It will not be in your best interest to argue rudely or fight. So do not do it. Save it for when you are presented in court. Note that you are entitled to at least three completed local phone calls free of charge. Call an attorney, a relative, a bail bondsman, or any other party and leave them a voicemail if possible to later prove you did not have a slurred voice, contrary to what the police might have included in their arrest report.

Find a Skilled DUI Defense Lawyer Near Me

Whatever you do after being pulled over for DUI can significantly prevent an arrest and charges. However, even if you are arrested, you do not have to challenge these charges alone. A skilled DUI defense attorney can help you challenge the arrest and charges to avoid a conviction. Remember, a conviction may have severe consequences that can impact your professional and personal life.

At Koenig Law Office, we are available 24/7 to help you without judgment if you are charged with DUI in Bakersfield. We boast in-depth experience handling any DUI charge under California law. We will review your case right from when the police arrested you, which will help us develop a solid defense strategy. We will also answer your questions and counsel you on your legal options. Call us at 661-793-7222 for a consultation.