The PERFECT Way to Conduct Yourself When Stopped for DUI

Recently a colleague of mine was stopped for DUI and 148 (obstruction of justice). He is a seasoned criminal defense attorney and understood exactly what he was required to answer and what information he was at liberty to relinquish. I present his testimony as a narrative to model after to anyone who wants to know how to properly and legally conduct themselves during a DUI traffic stop by a police officer in order to preserve their constitutional rights and increase the odds of successfully defending against the inevitable criminal action. PLEASE READ AND FOLLOW the model described below.

Officer: “How much have you had to drink?”

Client: “I will not answer that, sir.” 

Officer: “I smell alcohol on you tell me how much you’ve had to drink?” 

Client: (No answer). 

 Officer: “Step out of your truck.” 

Client: “OK.”  

Officer: “Step over to the curb.” 

Client: “OK.”  

Officer: “I want to give you a few balance and coordination tests.” 

Client: “No sir.” 

Officer: “What do you mean?”

Client: “I mean I will not do your FST ballet.”

Officer: “Why not?”  

Client: “One, I don’t want to. Two, I am not legally mandated to so do. Three, your tests on a person my age (67) are not scientifically validated.” 

Officer: “Yes they are.” 

Client: “Wrong.”

 Officer: “All right, I’m just going to give you an eye test.”

Client: “Wrong again, sir.” 

Officer: “If you don’t comply you will be arrested.” 

Client: “For what?” 

Officer: “I have reason to believe you were driving under the influence.”

Client: “Based on what?”  

Officer: “Are you refusing to do the test?”

Client: “If you are talking about FST’s (field sobriety tests) or SFST’s (standardized field sobriety tests), I am.  If you are talking about a chemical test, I am not and will submit to a blood test.” 

*******Client was taken to hospital for a blood draw and then to jail. He was charged with CVC 23152(a) and (b) and PC 148(a)(1)******** 

Client: “Under what basis am I being charged for the 148?”

Officer: “You failed to submit to a FST and thus obstructed my investigation.”

Client: (laughter) “OK!”. (NOTE: He answered NO questions other than his NAME!)

I consistently tell my clients to REFUSE to answer any questions the officers pose, other than their NAME, and present the officer ONLY with their license, registration, and a copy of their insurance. Providing any answers to the police inquiry is simply assisting the police in building their case against you. The police officer must show IMPAIRMENT. They use the FST’s as a means of demonstrating that you were impaired (presumably by alcohol) and therefore in violation of driving under the influence of alcohol and/or drugs.

FST’s are NOT a pass/fail test. They are a FAIL/FAIL test. Therefore, ALWAYS REFUSE TO TAKE THEM! Without indicia of driving impairment, and without providing the police officer any basis on which to claim this driver was actually impaired, my colleague has a very good chance of successfully defending against the criminal action for suspicion of driving under the influence of alcohol. He certainly will have a colorable claim to have the 148 dismissed outright! It is can NEVER be a criminal violation to exercise your constitutional rights!

If you have been arrested for Driving Under the Influence in Newport Beach, Huntington Beach, Santa Ana, Long Beach, or anywhere in Orange County, you need the assistance of competent DUI defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your DUI charges, possibly getting them reduced or dismissed, and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the criminal defense attorneys of Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .

.