DUI Do’s and Don’ts

Drinking and driving is not an illegal activity unless your blood alcohol level exceeds 0.08%. Many people can safely drive after a few drinks, but may still get pulled over for a violation of the California Vehicle Code and face a DUI investigation by a police officer. There are precautions you can take to avoid being stopped in the first place, and other practices you can follow to avoid problems if you do get stopped by an officer who suspects you are driving under the influence.

It’s always smart to keep your vehicle in good working order and compliant with the California Vehicle Code. Don’t give a police officer reason to stop you because your turn signal isn’t working or your registration is out of date. In California, you must have both license plates (front and back) on your car. Give your vehicle a once over to be sure everything is functioning properly before you hit the road. A law enforcement officer cannot randomly stop you to see if you are breaking any laws, but he or she can stop you if there is visible evidence that you are violating the vehicle code.

Keep your registration and insurance information in an easily accessible place, not buried in your glove compartment where you might have to fumble to get it. If you are pulled over for a traffic violation, it’s important to remember that the officer is observing your behavior and looking for evidence that you might be impaired.

Being pulled over by a law enforcement officer, for any reason, is nerve-wracking. Remaining calm and cooperative will help the situation. Remember that what you say and what you do can all be used as evidence later if you are arrested for DUI, so take a deep breath as the officer approaches your car. There are several tactics you can use during a DUI stop to protect your rights and ensure a better outcome, such as:

Ask the officer to record the DUI investigation, if possible. Don’t answer questions, but cooperate in other ways, such as consenting to a blood test at the police station. Politely refuse to submit to field sobriety tests. You have a right to this refusal. Consent to a search of your vehicle or person only if you have already been placed under arrest.

Although it is difficult in the moment, try to remember to write down later all that happened during your traffic stop. Acting quickly to preserve the evidence in your case will help your defense down the road.

The experienced DUI defense attorneys at Hoffman & Associates have a proven track record of successfully defending DUI cases, and over 30 years of daily courtroom experience in courts throughout California. Our knowledgeable DUI attorneys know how to fight to protect your rights and reputation. We offer reasonable rates and affordable payment plans for our clients. Your initial office or phone consultation with one of our skilled DUI lawyers can be scheduled by calling 323-655-3900.