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Should I talk to the Police? As to all cases... should you speak to the police? NO! NO! NO! You have a constitutional right to remain silent. USE IT! Often, the one thing that hurts a defendant's case the most case is his statement to police made without the benefit of consulting a lawyer first. Don't ever try and talk your way out of a situation. Even if you are polite, courteous, and truthful it can still be held against you. Frequently, the police already know certain facts that they will withhold to trick you into incriminating yourself by making a statement. Court decisions have held that police may lie to a suspect in an interrogation. Your answers to even routine questions may prove damaging. For example, in a DUI stop, your response as to the last time you ate could be damaging to you at trial. Your response to the officer's question on a scale of 1 to 10, how impaired are you? Two may prove fatal at trial. (In California, any impairment is sufficient for conviction. Thus, an answer of two may get you convicted). Should I take the Field Sobriety Tests? Simply stated: NO! These tests normally include the walk and turn, finger to nose, one leg stand, and the Horizontal Gaze Nystagmus (HGN). There is no requirement to submit to any field sobriety test. Unfortunately the officers are not required to advise you of this. This is not the breath or blood test. Should I take a breath or blood test? If the officer has a reasonable basis to suspect drugs or alcohol in your body, the officer has the right pursuant to law to require you to submit to a test. This is called the "implied consent law." If you refuse the test, you may be subjected to a forced blood draw AND your license will be suspended for one year (called the admin per se suspension). What will happen to my driver's license if I am charged with a DUI? If your alcohol reading is above .08, the Department of Motor Vehicle will suspend your license for 120 days. If eligible, after the first 30 days of suspension, a restricted license for work purposes may be issued. The license suspension occurs regardless of whether or not you have been convicted of a D.U.I. If you refuse to comply with a police officer's request to take an alcohol test your driver's license will be revoked for one year. This will also happen regardless of whether or not you have been convicted of D.U.I. If a hearing is requested with the Motor Vehicle within 10 days after receiving a D.U.I. citation, the suspension will be stayed, or stopped, until the hearing takes place. What do I do when I am pulled over for a DUI? Do not answer questions. You have a constitutional right to remain silent. Call us, we are available 24 hours a day. Do not agree to take the field sobriety test (including the eye test- otherwise known as the Horizontal Gaze Nystagmus). Do not take the PAS test (preliminary alcohol screening device). This is a hand held mini-breathalyzer. You do not need to submit a PAS test. Be polite and courteous to the officer. If the officer has a reasonable basis to suspect drugs or alcohol in your body, the officer has the right pursuant to law to require you to submit to a test. This is called the "implied consent law." If you refuse the test, you may be subjected to a forced blood draw AND your license will be suspended for one year (called the admin per se suspension). Our offices recommend that you take the breath test, which usually occurs at the police station or jail.