A DUI stop can set in motion events that can very well lead to your arrest
on suspicion of drunk driving. You need to be aware of how a
DUI stop works so you can stay informed of your rights the entire time, potentially
in order to challenge your arrest.
A stop begins with a police officer observing your driving and suspecting
you are driving under influence. Once stopped, law enforcement may ask
if you have been drinking or what you have been doing the last few hours.
While you are required to offer them your driver's license and registration,
you are not obligated to volunteer any of this information. You should
of course always be polite in speaking with police, but you should refrain
from divulging any information that may increase your odds of getting arrested.
Chemical & Field Sobriety Tests
You may be asked to perform a field sobriety test to determine your sobriety.
These tests could be:
- Balancing on one leg
- Walking in a straight line
- Reciting the alphabet backwards
- Following a light with your eye from side to side
You are required to take a chemical test such as a breathalyzer to ascertain
your blood alcohol content, and although the officer will probably not
mention it, you are not required by law to submit to a field sobriety
test. If you have been drinking, these tests will likely give the officer
the "proof" they need to arrest you. No matter how you perform,
how you do on the test can be used against you.
If the officer believes you have been intoxicated while driving, they will
arrest you and take you to the station or hospital for a blood, breath,
or urine test. At this point you should ask to speak to a lawyer. You
are not convicted of DUI just by being arrested and an Orange County DUI
attorney can fight your charge in court.
Speak with Attorney Jacqueline Goodman right away if you have been arrested to begin your defense!