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    Why Would You Be Arrested for a DUI If You Aren’t Drunk?

    Posted on: May 14th, 2024 by Dod Law

    Arrested for a DUI

    Arrested for a DUI

    Police officers in California may arrest you for a DUI even if you aren’t drunk. This may be because they believe you suspiciously refused to take a field sobriety test, refused a chemical test, or may have taken illegal drugs prior to getting behind the wheel, among other reasons. Learn about being arrested for a DUI If You Aren’t Drunk.

    Officers in California want everyone to make it from Point A to Point B as safely as possible. Unfortunately, in their efforts to secure the roads, these officers can fail to appropriately assess the criminal nature of some of their encounters. If you find yourself facing wrongful DUI accusations, you can connect with a Dod Law criminal defense lawyer to request legal support. 

    Why Would You Be Arrested for a DUI If You Aren’t Drunk?

    There are multiple reasons why an individual may be arrested for a DUI even if they aren’t drunk, such as: 

    Refusing a Field Sobriety Test

    You have the right to refuse to participate in a field sobriety test in California, but doing so can have immediate consequences. Officers have the right to arrest you if you refuse to participate in a field sobriety test, as they can hold you under the unproved suspicion of your intoxication. 

    If you’re not drunk, this can feel like a violation of your rights. Unless officers can prove that you have more than the legal limit of alcohol in your bloodstream or that you pose an active danger to the public, though, they have an obligation to release you within 48 hours of your arrest.

    Refusing a Chemical Test

    California rarely offers urine tests during suspected DUI road stops. Instead, officers may ask you to blow into a breathalyzer or take a blood test. As is the case with a field test, you have the right to refuse to participate in these tests. Unfortunately, doing so can lead to your immediate arrest. Even if officers can’t hold you, they can ruin any weekend plans you had by refusing to let you go until Monday.

    Exposure to Faulty Tools

    The tests that police officers use to determine your blood alcohol content (BAC) do not always work as they should. You may not be drunk and still find yourself under arrest for alleged intoxication if a breathalyzer or blood test broke prior to your testing. 

    If you suspect you received faulty test results, we encourage you to connect with a criminal defense attorney. Our team can investigate the test used to arrest you in our effort to have the DUI charges brought against you dropped.

    How to Defend Yourself Against a Wrongful DUI Arrest

    There are instances wherein California’s police officers may overextend their authority in an attempt to keep local roads safe. Should you find yourself accused of a DUI while not intoxicated by any substances or otherwise in violation of the law, you have the right to defend yourself. You can connect with a criminal defense attorney to do just that. Learn about being arrested for a DUI If You Aren’t Drunk.

    Dod Law can step in and cultivate a defense on your behalf. We can argue that the tests used to determine your alleged intoxication, if applicable, do not accurately reflect the reality of your physical state. You can learn more about the defenses our criminal defense attorneys can use on your behalf when you meet with our team for a free defense evaluation.

    Call Dod Law for Legal Support Today if you are Arrested for a DUI

    Police officers in California can often prove overzealous in their efforts to eliminate drunk driving in local interstates. Should you find yourself at risk of facing criminal charges despite not being drunk at the time of your arrest, you deserve the chance to fight back. You can connect with a criminal defense lawyer through Dod Law to discuss how to leverage the rights afforded to you by the state and federal systems.

    Contact us at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form to book a free defense evaluation today. Don’t let unchallenged criminal charges ruin your future – let Dod Law stand up for you.

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    Meet Attorney Dod Ghassemkhani

    • Recent Case Results
    • San Diego Criminal Defense Bar Association | Named San Diego County’s 2023 Trial Lawyer Of The Year
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    • Over 20 years of criminal defense experience
    • 10.0 “Superb” Avvo Rating