Dui Arrest - Five Things Not To Do

You know you should have never gotten behind the wheel to begin with.  Or maybe, you thought you were fine, and below the legal limit.  But here are police lights behind you, you have the odor of alcohol on your breath, the officer is walking up to your window, and there's nothing you can do about it now. If you are stopped or arrested for DUI, then there are five things that you need to know now that you should never do.

1. Don't  Freak out, and Don't Admit to Anything

I often have people asking me about immediately start popping mints, Listerine breath strips, chewing gum, or even reaching under the seat for that flask that they've kept hidden for just this situation (so that the police can't prove when the alcohol was consumed). Suffice to say that reaching around frantically in your car for anything, especially something shiny and metal as the officer approaches your vehicle is a good way to increase your chances of getting shot.  Roll down all your windows, (this also airs out the car), turn on your interior lights, put your hands high on the steering wheel, and don't get out of the car.

Now is also not the time to go into detail about what you had to drink and about how you're fine. Because the Fifth Amendment protects you from self-incrimination, you have the right to refrain from answering any and all questions that the police officer asks you. This means that you do not have to tell the officer how many drinks you had.  If you do not say anything, the officer can't testify later in court that you were slurring when he pulled you over. Your refusal to speak cannot be held against you, so do what any judge or lawyer would advise you to do -  politely refuse to answer any questions, and tell the police that a lawyer told you not to answer any questions (since you are reading this, this is now true).

2.  Don't do the Field Sobriety Tests (FSTs).

In California, the FSTs are optional, and voluntary.  They are designed to give the police evidence to support probable cause that you were under the influence, and can be refused without any consequence.  Field sobriety tests include the walk and turn test, the horizontal gaze nystagmus (follow a pen, flashlight, finger with your eyes), the one leg stand, finger to nose, etc. However, make sure that you are aware that under California law, there are consequences for refusing an evidentiary test – that is, a Breath or Blood test.  The consequence is that you could lose your license for one year on a first time refusal.  So, the best thing to do is to politely refuse the field sobriety tests, and request a breath or blood test at the station, which gives you more time to burn off alcohol.

3. Don't Miss Your Court Date

Before you're released from the custody of the police, you will be given a court date. Do not ever miss a court date, period. Not only will it void your bond agreement, you will have a warrant for your arrest. Many times, the fines are considerably higher for those that miss court dates, since there is a failure to appear criminal charge tacked on. It also does not put the judge in the best of moods. Keep your court dates to avoid adding these problems to your case.

4.  Don't Assume you Must Plead Guilty.

There are many defenses to DUI cases, including defenses specific to breath testing or blood testing.  Make sure you go over your defenses during a free consultation with a DUI Specialist, to see if, and how, your DUI case can be dismissed, or reduced to a different charge that can end up saving thousands in points, fines and fees, and save a criminal record. After you plead guilty, it's too late.

5. Don't Defend Yourself

You may be considering defending yourself in court, but that is never, ever, a good idea. You've heard the saying, "a person who defends himself has a fool for a client!" You need an aggressive, experienced attorney who is familiar with the law, and the court where your case is in. Trying to tackle something as complex as DUI by yourself is truly unadvised.

If your case is in Orange County, you should strongly consider consulting with one of the best Orange County DUI Lawyers in the area, and get advice from a DUI Specialist Orange County, to save your license and stay out of jail.