Three Common Mistakes People Make Before Calling a California DUI Attorney

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A DUI investigation begins long before a person speaks with a lawyer. There are several common mistakes people make during a DUI stop that can make defending the case much more difficult later.

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Telling Police How Much You Drank

The first major mistake is telling law enforcement that you drank very little or that you stopped drinking a long time before driving. Statements like these can eliminate the ability to argue that a person's blood alcohol concentration (BAC) was still rising at the time they were driving. For example, telling officers that you had only a small amount to drink several hours earlier suggests your BAC was already decreasing rather than increasing.

Because a rising blood alcohol concentration can be a crucial defense point when evaluating the scientific evidence, statements made during the roadside investigation can severely damage that analysis.

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Participating in Field Sobriety Tests

The second mistake is participating in voluntary roadside field sobriety tests. Many people mistakenly believe these physical and cognitive exercises will demonstrate that they are not impaired. However, these tests are inherently difficult to pass, and officers are trained to look for specific clues to conclude that the tests indicate impairment. The subjective observations made by officers during field sobriety testing ultimately become formal evidence presented in a DUI case.

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Arguing With or Insulting the Officer

The third mistake is becoming argumentative or insulting toward the arresting officer. Making hostile comments, insulting the officer, or aggressively challenging the arrest typically ensures a much more difficult experience during the booking process. This behavior frequently results in spending more time in custody, having the vehicle towed rather than parked, and overall complicating the situation.

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Avoid Making the Situation Worse

Attempting to flee from law enforcement is an incredibly dangerous choice with severe legal consequences. A driver who is initially facing a standard misdemeanor DUI investigation can face additional, severe felony evading charges if they attempt to run from the police. Evading law enforcement never helps the underlying situation and guarantees harsher penalties.

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Every DUI Case Is Different

Every DUI case depends entirely on its own unique facts and circumstances. The evidence collected during the initial stop including statements made to law enforcement and the observations recorded by officers plays a defining role in how the case proceeds. If you have been arrested for a DUI in California, obtaining legal advice as early as possible is the best way to understand your rights and protect your legal options.