Category — Criminal Defense Attorneys Lake Tahoe-Truckee

I’ve often been asked, AFTER a traffic stop that results in an arrest for Driving Under the Influence (DUI), whether co-operating with the officer’s request to submit to the coordination/sobriety tests, and giving a breath sample in the field was a good idea or not.  There are some general guidelines about what to do or not to do.  The best advice available before a traffic stop is DO NOT EVER DRINK AND DRIVE!  But….

A DUI arrest will usually involve the same series of events.  Generally, the arresting officer must move from one step to the next to be sure the case is constructed correctly, or when it comes time to prove the case in court, the case can be dismantled, sometimes by just removing one or two small but critical parts of the officer’s case.

Assume the officer has a valid reason to stop and detain you.  (See highlighted notes.)  If pulled over, BE COURTEOUS AND COOPERATIVE!  But don’t answer the question, “Do you know why I pulled you over?” with an admission that you must have been speeding or otherwise breaking the law. (This helps build the officer’s case.)

“In California, under current law, an officer’s “stop” can be justified as legally valid if the reason comes from an anonymous phone call reporting bad driving even if the officer did not see any bad driving or the smallest traffic violation.

The California Supreme court has ruled that such detentions and arrests that arise from them are VALID.  Scholars and attorneys see this as a “bad” ruling that should be overturned by the U.S. Supreme court.  The specific California case is now working its way to that court for review.

The current state of the law accounts for the many signs seen on California highways requesting you to report bad (“Drunk”) Drivers!”

If you are willing to risk an arrest, here is how to not participate in building a DUI case against yourself:

The officer will ask you to watch his pen or finger as it moves across your field of vision, and to perform some coordination tests.  And then you will be asked to give a breath sample in the field to test for alcohol. THEN you will be arrested.  In California, you will then be given the choice between an alcohol blood test or breath test.  (If the officer suspects drugs are involved, you will be requested to give a urine test.)  THE POST ARREST TEST IS THE ONLY ONE THAT MATTERS!

You don’t need to help the officer build his case by giving him observed evidence of impairment.  You do not have to submit to any coordination tests or the field alcohol test.  But you MUST submit to the post arrest test, or you will lose your license for at least ONE YEAR.

If you are afraid of needles, and weak of breath, say so, and request a urine test.  For alcohol testing, the breath test is less reliable and easier to attack than the blood test.  The urine test is easier to attack for alcohol content, but harder to attack for drugs.

For more information about what to do AFTER an arrest, visit this informational website.