Your Rights in a DUI Arrest
When you are stopped for a suspected DUI, there are certain laws that you must comply with. You also have certain rights and options available to you under California law that could help you strengthen your DUI defense, including:
Right to refuse PAS testing: During a traffic stop, if the officer smells alcohol on your breath, he or she will ask you to take a roadside preliminary alcohol screening (PAS) test using a Breathalyzer device that calculates your blood alcohol content (BAC). If you are over 21 and are not on probation for a prior DUI, you do not have to submit to PAS testing.
Why should you refuse PAS testing? The Breathalyzer device used roadside is not as reliable as the larger machines back at the station, so it could produce an inaccurate result. Additionally, the test results will be used to build a stronger case against you.
Right to refuse field sobriety tests: The officer may also ask you to perform a series of field sobriety tests. You may politely refuse to do these tests without facing any consequences.
Why should you refuse field sobriety testing? These tests can be highly inaccurate in determining sobriety and can be difficult for even sober individuals to perform. Like PAS testing, these results can be used against you, whether they are accurate or not.
Right to choose BAC testing method: If you have been arrested on a DUI charge, under California's implied consent law, you must submit to blood alcohol content testing at the station. Refusing to submit to testing will result in an automatic driver's license suspension. However, you have a right to choose between three testing options:
- DUI blood test
- DUI breath test
- DUI urine test
Which test should I opt for? Blood tests are the most accurate, so if you are confident your BAC is not over the legal limit, then this may be the best option. Also, by the time the blood test is performed, your BAC level may have gone down. If you are concerned that you may have other illegal substances in your system, you may want to select the Breathalyzer test. From a criminal defense standpoint, the Breathalyzer is the easiest testing method to attack.
Right to a lawyer: You have a right to have a Sacramento DUI rights attorney present before you answer any questions. You will be asked to take a BAC test before you are allowed to speak with a lawyer.
Contact Our Experienced Elk Grove Attorneys
If you have been charged with a DUI, immediately call the experienced criminal defense lawyers of Bell & Boylan at 916-905-3674 in Sacramento, 559-512-1271 in Fresno or from anywhere in California at 877-861-3636. You may also contact us online. We typically answer our phones 24/7 so we can be available to you when you need us most.
Practice limited to California only. Bell & Boylan — Lawyers is licensed to practice law in California and nowhere else. The firm does not intend to represent anyone desiring representation in any matter arising outside of California.
