Avoiding DUI in California
Do You Have to Take a Field Sobriety Test in California?
California law allows for individuals to refuse a field sobriety test. It is typically in the driver’s best interest to refuse the test, even if they do not feel impaired. The tests are known to be significantly subjective, and law enforcement officials often administer them incorrectly.
Many people think that if they choose not to take a field sobriety test, they are admitting to being intoxicated. However, this is not the case. Although the police officer will likely try to convince you to take the test, if you have not been arrested, you have the right to tell the officer that you do not wish to be subjected to them. Remember, like many others, you could fail even if you are not intoxicated. Performance can be affected by a medical condition, injury, nervousness, or even a lack of coordination. Therefore, it is always a good decision to politely refuse.
If you were arrested for DUI and/or refusal in California, that does not mean you will be convicted. Consulting with a competent and experienced DUI lawyer in Ventura can help you work toward avoiding a conviction and the associated penalties. The Law Office of Christopher P. Welch is here to ensure that your rights remain protected.
Your Options for Avoiding DUI
There are many ways to attack a DUI and refusal arrest. Our skilled DUI attorney at the Law Office of Christopher P. Welch can help you decide on an effective approach for your situation.
Potential defenses against DUI charges include:
- The arresting officer did not have a valid reason to stop you
- The police officer had insufficient probable cause to arrest you
- The equipment used by the police had not been properly maintained and calibrated according to the rules and regulations of the Department of Health
- The police officer failed to collect your chemical test results in a manner that complied with the law
- Law enforcement advised you of your right to refuse to take a breathalyzer in a way that did not comply with the law
- Your poor performance on the field sobriety tests was due to a specific medical condition or other physical reason
Do’s & Don’ts When Pulled Over for DUI
Getting stopped by the police generally makes anyone nervous. If you have consumed alcohol prior to getting behind the wheel, it can be even more frightening. In this situation, there are some things that you should and should not do.
If you have been pulled over and a DUI investigation ensues, remember this list of do’s and don’ts:
- Do be polite to the officer
- Do say as little as possible to the officer
- Do avoid giving specific answers, especially if you are uncertain
- Do not lie to the officer about how much you have been drinking
- Do not give police permission to search your person or vehicle
- Do not trust the police officer, even if he is really nice
- Do not resist arrest, even when you know you are innocent
- Do not touch the officer in any way
If you are ultimately charged with driving under the influence (DUI), do make sure you consult our experienced Ventura DUI attorney at the Law Office of Christopher P. Welch. Contact (805) 467-6542 now to set up an appointment.
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