California DUI Rights
Save Yourself from Being Convicted of a DUI
If you have had any alcohol to drink within 10 hours of driving and you are being pulled over by law enforcement remember the following rights which could save you from being convicted of a DUI:
- You have the right to remain silent. This includes answering questions such as "how much have you had to drink," "what was the last time you drank any alcohol," "do you feel the effects of the alcohol!"
- You have the right to NOT subject yourself to field sobriety tests.
- You have the right to NOT blow into the HANDHELD breath device at the side of the road where you were stopped. This is just another field sobriety test which can be declined. If you are 21 or more years old, and are not on DUI probation, it is LEGAL to decline the field sobriety tests even if you have been drinking and driving.
- You have the right to have in your possession ONE wallet or coin purse which has the following three documents readily accessible: (i) valid driver's license, (ii) valid registration for the vehicle you are driving and (iii) valid proof of insurance. That way when asked by a cop you will have all the required documents in one place and the cop can't fill his police report with gibberish about you fumbling for your documents.
- You have the right to demand a BLOOD test NOT A BREATH test if arrested. The cop may try to talk you into a breath test. Do not do it.
- You have the right to NOT submit to a second sample (blood or breath) once you have given an initial sample. The officer must advise you that you can submit to a second sample. Politely decline.
- You have the right to be calm, cooperative and respectful to the officer. Remember this, if you are on the bubble of being intoxicated or not, you just may be given a get out of jail free card if you are polite.
- You have the right to have and use breath mints while driving your car. One of the first things that an officer notices when he or she approaches a vehicle after a stop is the "odor of alcohol." This is so, even though there is absolutely no correlation between an odor of alcohol, no matter how strong, and any level of intoxication.
- You have the right to be represented by the following attorney: Darryl Genis handles all his own cases and court appearances personally, he is a National Highway Traffic Safety Administration Qualified Instructor in the Standardized Field Sobriety Tests. He has successfully completed training on the Draeger Instruments 7110 MK IIIC and 7410 EPAS in San Francisco, California. He is certified (by the P.O.S.T. Academy) in the use, operation and calibration of the AlcoSensor IV Preliminary Breath Testing Device.
- You have the right to call me anytime at (805) 680-2728 if arrested for DUI.
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