What to Do During a DUI Stop in California

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What to Do if I Get Pulled Over for a DUI in California?

If you find yourself being pulled over on suspicion of DUI (Driving Under the Influence) in California, you need to know your rights and how to act. Read on to learn more.

Can I Refuse a DUI Checkpoint in California?

While you cannot refuse to stop at a DUI checkpoint in California, you do retain specific rights during the interaction:

  • Right to Remain Silent: You are not obligated to answer questions regarding your activities earlier in the day or evening, nor do you have to inform the officer about any substances you might have consumed. If asked if you’ve been drinking or using drugs, you can politely decline to answer.
  • Right Against Prolonged Detention: Law enforcement can only detain you for a reasonable amount of time. If they don’t have a reasonable suspicion that you’re impaired, they should allow you to continue on your way promptly.
  • Right to Refuse Searches: Without your explicit consent or probable cause, officers cannot search your vehicle. If they ask for permission, remember you have the right to say no.

However, while you can exercise these rights, it’s important to understand the implications. Declining to answer questions or refusing a voluntary search might raise suspicion. Still, without other indicators of impairment, such as the smell of alcohol or visible open containers, these alone typically aren’t enough for an arrest.

The key to navigating a DUI checkpoint is to stay informed about your rights and always remain courteous and cooperative. While it’s within your rights to decline certain requests, do so respectfully and without confrontation.

Volunteering Information Is Not Recommended

If you’re stopped on suspicion of DUI, remain calm and provide only the necessary identification documents, such as your driver’s license, registration, and proof of insurance. Avoid offering any unsolicited information, especially about your drinking or drug use, as this can be used against you.

Submitting to Field Sobriety Tests Is Not Recommended

In California, you are not legally required to undergo field sobriety tests. These tests can be subjective and may not accurately measure impairment. Politely declining may be in your best interest.

If You Are Arrested, Cooperate With the Police

While you have the right to refuse certain tests, if you are arrested, it’s crucial to cooperate with the police to avoid additional charges. Resisting arrest can result in further complications.

When an Officer Pulls You Over for DUI, What Are They Looking For?

Even before pulling you over, an officer is already keenly observing your driving patterns. Indications of erratic driving, such as swerving, failing to maintain a lane, speeding up or slowing down suddenly without apparent reason, or neglecting to use turn signals appropriately, can all indicate impaired driving.

Once the officer has initiated the stop, they will evaluate your personal demeanor and physical appearance. Bloodshot eyes can suggest recent alcohol or drug use. Similarly, the smell of alcohol, cannabis, or other drugs emanating from the vehicle or your person can be a strong indicator of impairment. Slurred speech, a flushed face, or difficulty focusing on the conversation might also raise suspicion.

How you respond to the officer’s requests and questions can also provide clues. If you have trouble retrieving your driver’s license and registration, fumble with your seatbelt, or show any other signs of poor motor coordination, it might reinforce the officer’s suspicion.

Furthermore, your reaction time plays a significant role. Slow reactions to simple requests or questions, or conversely, overly aggressive or animated responses, might indicate impairment. Officers also note if you have trouble following the flow of the conversation or if you repeat yourself.

Open Containers or Drug Paraphernalia

Visible evidence, like open alcohol containers or drug paraphernalia within the driver’s reach, can provide concrete reasons for an officer to investigate further. These items not only suggest recent consumption but also indicate a legal violation in most jurisdictions.

Field Sobriety Tests

If initial observations lead the officer to believe you might be impaired, they could ask you to step out of the vehicle to perform field sobriety tests. These tests assess balance, coordination, and the ability to follow directions—capabilities that alcohol or drugs can affect.

What Questions Provide the Most Information to the DUI Prosecutor?

Law enforcement officers, in their pursuit of public safety, are trained to extract information from those they suspect are driving under the influence. Later on, DUI prosecutors can use the information obtained during such stops as evidence in court.

One of the primary goals of an officer during a DUI stop is to establish a narrative of the driver’s activities leading up to the stop. The following are questions that, when answered, can provide a wealth of information to the prosecutor:

  • “Where have you been tonight?” Answering this question can place you at a location where alcohol or drugs are readily available, such as a bar, party, or concert.
  • Have you had anything to drink tonight?” While a “yes” can be directly incriminating, even admitting to consuming a small amount can be used as evidence that alcohol was in your system.
  • “How much have you had to drink?” Estimations can be tricky. Even if you believe you’re under the legal limit, your estimate can be used against you if testing reveals a higher blood alcohol concentration.
  • “Did you feel the effects of the alcohol/drugs?” Admitting to feeling any effects, even if you believe they didn’t impair your driving, can be problematic in court.
  • “When did you have your last drink?” This can help the prosecutor establish a timeline and argue that even if your blood alcohol concentration was borderline at the time of testing, it might have been higher when you were driving.

Volunteering information or answering these questions can set the stage for the prosecutor’s case. Direct admissions or self-incriminating statements are strong evidence, especially when paired with other evidence like failed field sobriety tests or blood and breath tests.

Initial Alcohol Screening Test

This preliminary test can be conducted at the roadside to gauge if you are under the influence. While it may give officers an initial reading, it’s not as accurate as other tests.

Implied Consent Test

California operates under an implied consent law. This means that by having a California driver’s license, you’ve already consented to blood or breath tests if arrested for DUI. DUI testing refusal can result in license suspension.

What Rights Do You Have?

You have the right to remain silent and not incriminate yourself. You also have the right to an attorney. If arrested, ask to speak to one before answering further questions.

Blood or Breath Tests Are Not Required

Although implied consent applies if arrested, before arrest, you aren’t legally required to take a blood or breath test at the roadside.

Will I Go to Jail for My First DUI in California?

For a DUI first offense in California, jail time is a possibility, but it often depends on the circumstances of the arrest. Influencing factors such as your blood alcohol content and whether there was an accident or any injuries can impact the outcome. Penalties can be severe, especially under California’s DUI zero-tolerance laws for drivers under 21.

Contact a Lawyer

Facing a DUI charge in California is serious. To understand your rights and the best course of action, you should consult with a knowledgeable attorney.

If you’re in need of legal assistance, consider reaching out to a California DUI lawyer through LegalMatch. They can guide you through the legal process and ensure your rights are protected.

star-badge.png

16 people have successfully posted their cases

Find a Lawyer