The Law Offices of Anna R. Yum is San Diego’s Premier Criminal Law Attorney

Top 10 DUI Don’ts

You get pulled over for suspicion of DUI. A million thoughts are racing through your mind as you see the red and blue flashing lights in your rearview mirror. You feel yourself start to panic. What do you do? Or perhaps a better question to ask yourself is what should you not do if pulled over for suspicion of DUI? Remember that knowledge is power. Know your rights. Know that there are certain factors that can hurt your case. Should you be pulled over by the police while under the influence consider the following DUI don’ts:

  1. 1.  Don’t be belligerent. Be polite to the officer. There’s no need to be defensive or act as though you have anything to hide
  2. 2.  Don’t answer any questions about how much you drank, what you ate, how many hours of sleep, whether you are on medication, etc. Politely refuse to answer those questions when the officer asks them of you.
  3. 3.  Don’t agree to take the field sobriety tests. They are not mandatory! Again, politely refuse to take the field sobriety tests.
  4. 4.  Don’t give consent to search your vehicle. If probable cause exists, an officer can search without a warrant. But make sure to let the officer know that you do not consent to the search.
  5. 5.  Don’t agree to be interviewed by law enforcement officers or investigators without consulting with an attorney.
  6. 6.  Don’t resist arrest. Other charges could be filed against you if you resist, evade or obstruct arrest.
  7. 7.  Don’t automatically accept that the police officers’ equipment and the calibration logs were accurate. An attorney can request the maintenance and accuracy logs of the breathalyzer to determine whether the equipment was in proper working condition.
  8. 8.  Don’t automatically plead guilty without consulting a criminal defense lawyer. An attorney can apply his/her specialized knowledge of the law in order to explore possible defenses. An experienced attorney may be able to spot favorable legal issues.
  9. 9.  Don’t hire an attorney who does not have jury trial experience. Many attorneys settle cases without ever going to trial. You want to hire an experienced attorney who will look after your best interests during negotiations with the prosecution, but who will also confidently take your case to trial if necessary.
  10. 10.  Don’t assume that you cannot be arrested for driving under the influence if you are on lawfully prescribed medication. Even if you did not drink any alcohol, you can still be arrested for DUI while on prescribed medication if you were mentally and/or physically impaired.