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
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.