Avoiding a DUI in California

Just because you were arrested for DUI in California and/or Refusal does not mean you will be convicted. If you are arrested and have not consulted with a competent and experienced DUI lawyer, always plead “NOT GUILTY” at your arraignment. Protect your rights and contact us.

There are many ways to attack a DUI and Refusal arrest. The officer may not have had a valid reason to stop you. The officer may not have had sufficient probable cause to arrest you. The way a police officer obtained your chemical test results or advised you of your right to refuse to take a breathalyzer test may not comply with the law. The equipment the police used may not have been properly maintained and calibrated according to the Department of Health rules and regulations. There may have been medical or other physical reasons for what the police describe as your poor performance on the field sobriety tests.

A competent and experienced DUI attorney from the Law Office of Christopher P. Welch can help you decide the best approach to attacking your DUI arrest.

DUI Lawyer in Ventura - Christopher P. Welch

In California, you have the right to refuse a field sobriety test. Even if you do not feel impaired, it is usually in your best interest to refuse the test. These tests are highly subjective and are often administered incorrectly. Contrary to common perception, refusing a test is not an admission that you are intoxicated. Politely tell the officer that you do not wish to take one. Do not let the officer convince you otherwise. Many people who are not intoxicated may fail a field sobriety test. Factors like nervousness, injuries, medical conditions, or even a general lack of coordination can cause you to fail.

If you have been drinking, it is not advantageous to lie and say you had one drink if you have had five. It is best to say as little as possible. Avoid giving any specific responses, especially if you are genuinely uncertain.

It is likely you will also be asked to take a breathalyzer. If you are not in custody, you have the right to refuse the test. Again, you can politely ask the officer if you have a right to refuse the test and if you are under arrest. Once you are under arrest you cannot refuse a test, although you are able to elect whether you would prefer a blood test or a breathalyzer.

If you are ultimately charged with driving under the influence (DUI), make sure you consult an experienced Ventura DUI lawyer/attorney at the Law Office of Christopher P. Welch in California.