California DUI Lawyer Explains What to do if You're Stopped for a DUI

LONG BEACH, Calif., July 29 /PRNewswire/ -- Nationally-known California DUI attorney Lawrence Taylor, author of Drunk Driving Defense, offers this advice:

"What should I do if I'm stopped for suspicion of DUI?"

First, don't flunk the "attitude test": Be pleasant and cooperative with the officer. But that doesn't mean to do everything you're asked. For example, you're not required by law to take the DUI field sobriety tests, and frankly I'd advise you to decline them. In Los Angeles, Orange County, San Diego, San Francisco and other parts of California, you may be asked to take a DUI handheld breath test during the DUI investigation; again, you're not required by California law to take it and you should politely decline.

"Should I answer the officer's questions?"

Decline to answer potentially incriminating questions, such as "How much have you had to drink?" or "How do you feel?" Remember: whatever you say that can hurt you will be put in the officer's DUI report - and whatever will help you will be left out. A good answer is, "I would prefer not to answer any more questions until I can see an attorney."

"Should I take a breath or blood test?"

If you're offered a test after you're arrested for DUI, you should probably take it. If you refuse, the possible license suspension and jail time will be longer and a refusal can be used in evidence as an implied admission of intoxication. The blood test is potentially more accurate than the generally unreliable breathalyzer, so if you're confident that your blood-alcohol level is under .08%, take it.

"How serious are the consequences of a California DUI conviction?"

Initially, the possible legal consequences of a DUI conviction depend upon many factors, such as the blood-alcohol level, any prior DUI record, presence of children in the car, etc. Penalties include jail, fines, license suspension, DUI schools, probation and possibly more. But the indirect damage can be considerable: including a criminal record, increased car insurance, employment problems, professional licensing issues, security clearance -- even possible consequences in divorce or child custody cases.

"What is the most important thing for me to know if I'm arrested for DUI in California?"

DUI is the most difficult crime for an attorney to defend correctly, due to the complex criminal DUI laws and scientific blood-alcohol issues, as well as separate California DMV administrative hearings. Recognize that it's usually the unreliable breath machine that largely determines guilt or innocence. It's crucial that you retain a California DUI attorney with at least 10 years experience, preferably a lawyer who specializes in DUI defense exclusively in Los Angeles, Orange County or wherever you were arrested.

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