by G. Spencer Mynko, Esq.
The Thanksgiving-Christmas-New Year’s Holiday season is notorious for increased DUI enforcement. While there is controversy surrounding DUI statistics, there is no controversy that a DUI arrest and conviction carries heavy consequences. Fines, jail sentences, alcohol classes, lawyer fees, license suspension, etc. are some of the consequences that can cost you a lot of time and money.
While I suppose I can really impress some of you by advising you not to drink and drive, and to not mix alcohol with drugs or medication, I think I can be more useful by advising you what to do if you find yourself pulled over. First of all, don’t answer any questions: politely refuse to answer any questions and simply provide your Driver’s License, Proof of Insurance and Vehicle Registration. If it makes you feel better, tell the officer Attorney Mynko advised you not to answer his or her questions.
Refuse to take a pre-arrest preliminary alcohol screening test. The “on scene” breath test is voluntary (if you’re over 21) and does NOT implicate California’s Implied Consent Law (where refusal to submit to a test results in an automatic 1 year license suspension – those are the tests that are done at the station or hospital.)
Refuse to perform Field Sobriety Tests. These too are voluntary and again you can let the officer know I advised against it.
Breath over Blood. Breath testing is more unreliable and therefore more susceptible to challenges. If breath testing is unavailable choose a blood test as opposed to urine.
Be Polite. Assume you are being recorded, so always be on your best behavior.
Call Someone ASAP. Call a friend from jail ASAP so they can note the status of your sobriety. Have them record the conversation if possible.
Document, document, document! Write down all the details of your arrest ASAP while the events are still fresh in your memory.
Contact the DMV within 10 days. You must request a hearing within 10 days! This will prevent the automatic DL suspension from going into effect. Transportation Attorneys can take it from there.
CONTACT TRANSPORTATIONATTORNEYS.NET. Contact our office ASAP so we can prepare a vigorous defense. Too much is at stake to go it alone on a DUI Charge.