Posted By The Law Offices of Jacqueline Goodman || 12-Dec-2014
Protect Yourself after a DUI Stop
If you are stopped on suspicion of driving under the influence, you need to know that you do not have to admit to anything. If the officer suspects you are intoxicated because you were driving erratically, you may be asked to take a breath or blood test. California's laws are strict and do not allow you to speak with an attorney prior to taking one of these tests, if this happens.
If you were stopped at a checkpoint or DUI roadblock, you should know that the police officers must comply with a neutral policy when conducting these stops. That means that every car must be stopped or they must have a systematic process for stopping cars. If this does not occur, they may be operating under unlawful circumstances, which can be used in your favor when it comes time to building a defense.
What Are the Penalties for Refusing Sobriety Tests?
When an officer suspects that you might be driving under the influence, you may be asked to step out of your vehicle and take tests to measure your physical and cognitive aptitude or to take a chemical test. Unfortunately, California's current DUI laws have an implied consent rule. That means that if you refuse to take any chemical tests, the officer has enough cause to arrest you for a DUI.
These are the possible consequences of refusing to submit to the tests:
- License suspension for at least one year
- Fine costing $125
- Jail time added to DUI conviction
- Mandatory attendance in DUI school
The severity of these penalties will vary depending on how many DUI offenses you have on your record. You may be able to lessen the possibility of penalties by having an Orange County DUI attorney on your side.
The Law Offices of Jacqueline Goodman may even be able to convince the prosecution that there was not enough reasonable cause to charge you with DUI at the time of your arrest. We might be able to bring them down to a wet reckless or reckless driving charge in a plea bargain deal. Attorney Goodman has a track record of success, helping numerous clients receive complete case dismissals.
Whatever your circumstances might be, you should take advantage of your right to have an attorney defend you if you are accused of any crime. When you are ready, feel free tocontact our firm for a free initial consultation!