If you have a driver’s license, you know what those flashing red and blue on the top of a marked police car behind you mean–you are getting pulled over. There are many things that could be running through your mind the moment those lights turn on, but one of the first is usually some kind of expletive. Knowing the law is an important advantage you have when it comes to combating a DUI.  As professionals, the Law Offices of Max Gorby are here to help give you a few pointers on what not to do when you get pulled over for suspicion of driving under the influence.

First off, the only way to completely avoid a DUI conviction is to simply not drink and drive. There are far too many reasons for police officers to pull over drivers. For instance, if you have a broken tail light at the wrong time of the night, you could even be a victim of a bored, head hunting police officer (even though it’s not extremely common). Furthermore, if you happen to be leaving a bar at 2:02am, there is a possibility that your little license plate light that burnt out a week or so ago may get you pulled over as well. Either way, if you happen to get charged with a DUI, it’s important to consult an experienced DUI lawyer like Max Gorby as soon as you can. Facing jail time is not a fun situation. It’s important to find a DUI lawyer who has been around the block a few times who focuses on DUI’s to help you get the best results possible for your case. No matter how guilty you may think you are, it’s very possible that you’re not.

It’s important for the general public to know the law. People don’t understand how easy it is to get a DUI in today’s world. Technically, you don’t even have to be drunk to be arrested for drunk driving. It takes very few drinks to be considered a “drunk driver” and you may not even feel any different than you did at lunch 5 hours earlier. It doesn’t matter how you feel, though. It matters how the police officer thinks you feel.

The Fourth Amendment of the Constitution protects the public from unreasonable search and seizure. In other words, the police must have a valid reason for pulling you over and detaining you. If not, an experienced DUI lawyer like Max Gorby can effortlessly help get your case dismissed in a suppression hearing. The only way the state can bypass this amendment is by using a DUI sobriety checkpoint where officers can stop any vehicle at their choosing without probably cause in order to see if they are within their legal right to operate a motor vehicle. Though a police officer needs to have probable cause to pull you over, the “probably cause” list is quite long. An officer can pull you over for anything from a broken taillight or dark tint to loud exhaust pipes or a broken license plate light. In short, it’s ultimately up to the officer’s discretion. The moment they do pull you over and ask for your license and registration however, there a few things you need to know.

If you are pulled over for suspicion of a DUI, try to keep your answers limited. You don’t want to talk too much to allow the officer any more “discretionary information” to keep you from going where you are trying to go. A lot of people make the mistake of trying to carry on a casual conversation with the officer with the idea that the cop “is just like me”. By doing this, you are not only burying yourself, but you are also hurting your chances in court if, for some reason, you are arrested for a DUI. Anything you say can affect you detrimentally later on in court. If the officer asks if you have had anything to drink, any answer that is synonymous with “ yes” automatically proves to the officer and the courts that you had been drinking. Regardless of the amount that you tell them that you drank, the next step would be to see exactly how much you’ve had to drink.

This next step usually involves field sobriety tests, which brings us to our next “not to do” item– perform a field sobriety test. Complying with law enforcement is very important as a United States citizen, but field sobriety tests have proven to be largely inaccurate and they aren’t even required by law. By performing a field sobriety test, you are again giving the officer more material to build a case against you. Being unable to lift a leg, touch your nose with the tip of your index finger, or recite the ABCs backwards does not mean you are under the influence, it means you may be a bit uncoordinated. But being uncoordinated isn’t a crime, it could just mean that sports aren’t your thing. So again, refrain from performing circus stunts in front of a small audience to prove your innocence…it likely won’t help.

When the officer’s request for you to perform field sobriety tests fails, he will ask you to blow into a breathalyzer. Again, you are not required to blow into it. This is important to know because in some cases, the police officer had no reason to pull you over in the first place and consenting to a breathalyzer test could show that you are over the limit, which gives the officer cause to arrest you. Keep in mind that it is possible to still be arrested if the officer has enough evidence to arrest you without the preliminary breathalyzer test.

Furthermore, it’s important to note that you are required to provide a chemical test if you are arrested. California has an implied consent law that states that if you refuse to submit to a chemical test, you will be subject to a fine and automatic license suspension. Due to this law, a breath, blood or urine test will be required if the police officer has built up enough evidence to arrest you for drinking and driving. Until the time comes where you are arrested for a DUI, you are within your rights to refuse any sobriety tests, though.

If the police officer has built up enough evidence to convict of you of driving under the influence of alcohol, your best bet is to consult a DUI lawyer who knows the ins and outs of DUI law. Self-incriminating yourself is one of the top ways you can get yourself in trouble with the law. But even if you do, the Law Offices of Max Gorby can help you get out of any jam you find yourself in. In addition to working to keep our clients’ driver’s licenses valid, we’ve also helped thousands of clients stay out of jail and keep them out. We will do the same for you!