If you are stopped in Southern California and a police officer claims that you’ve been weaving or driving recklessly, they may ask that you take a breath test. A breath test is one of a few ways to determine the blood alcohol content of your body at that moment. It’s not always 100% accurate, but it does give the police an idea of your level of intoxication, if any.
When you get stopped for a DUI, there are some things that you should not do if you want to protect your rights and best interests. Here are three things you should avoid doing when you’re pulled over.
1. Don’t admit to drinking
There is no guarantee that admitting that you’ve been drinking will help you, but there is a guarantee that it will hurt you. Admitting that you were aware that you were drinking and then got behind the wheel is as good as a confession, so it’s best to stay quiet.
If asked if you’ve been drinking, you don’t have to answer. Remember, Miranda rights don’t apply to you until you’re under arrest and taken into custody. Regardless of that fact, anything you say or do can still be used against you, so answering any questions could hurt your case.
2. Don’t fight the breath test
If you argue that you don’t have to take the breath test and put up a fight, the only thing that will happen is that you’ll lose your license. In California, anyone who obtains a license has agreed to the implied consent laws. That means that you have already agreed to take a chemical test upon request if you’ve been lawfully arrested for driving while intoxicated.
3. Don’t submit to an interview without your attorney present
Finally, don’t go through an interview unless you’ve had an opportunity to speak with your attorney. Your attorney can give you good insight on what you should or should not say to protect yourself. Your only concern after an arrest should be to focus on having the charges dropped or reduced. The way you act and things you say can directly impact your chances of making that happen.
Your attorney will discuss your case with you and focus on getting you the best possible solution. Remember to avoid doing the above three things, since they can negatively impact your case and leave you with a lasting DUI charge.