Three Things a DUI Attorney Would Never Do During a California DUI Stop

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Being stopped on suspicion of driving under the influence can be highly stressful, but the decisions made during the encounter can have a significant impact on the outcome of the case. In California, there are three critical things an experienced DUI attorney would avoid doing during a roadside investigation.

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Do Not Answer Questions About Your Drinking

The first recommendation is to avoid answering questions from law enforcement regarding drinking patterns, where you have been, or where you are going. Any statements made during a traffic stop can later be used as evidence during a DUI prosecution. Information provided to officers becomes part of the official police report and is carefully evaluated by prosecutors when they determine whether to file formal charges.

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Do Not Participate in Field Sobriety Tests

The second recommendation is to decline participation in optional field sobriety tests. These physical and cognitive exercises are designed to gather additional evidence of impairment to justify an arrest, rather than to help a driver prove they are sober. Participating in these tests often provides law enforcement with subjective observations that can be used against a driver in court.

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Understand the Difference Between Field Tests and Chemical Tests

It is vital to distinguish voluntary roadside testing from mandatory post-arrest testing. Following a lawful DUI arrest, California's implied consent law requires an evidentiary chemical test, which is legally distinct from preliminary roadside testing. Strategically choosing between these tests depends on the circumstances:

• When alcohol is the only substance involved: Opting for a blood test may be advantageous because it generally takes longer to administer. This built-in delay can create legal arguments regarding what the actual blood alcohol concentration (BAC) was at the exact time of driving versus the time of the blood draw.
• When substances other than alcohol may be involved: Choosing a breath test is often preferred. If a blood sample is taken, the laboratory may analyze it for drugs or medications if the alcohol concentration alone is insufficient to support the prosecution's case.

Furthermore, a BAC below the legal limit of 0.08% does not guarantee immunity; investigators routinely screen for other substances, including marijuana, which can lead to driving under the influence of drugs (DUID) allegations or combination charges.

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Every DUI Case Is Different

The facts of every DUI investigation are unique. The specific evidence collected, the circumstances of the traffic stop, and evolving California laws all dictate how a case proceeds. If you have been arrested for a DUI, understanding your legal rights and obligations is an essential step before making decisions that could permanently affect your case.