One minute you’re having fun at a dinner party in Bakersfield, the next there are flashing lights behind you. Suddenly you realize you are being pulled over, and that you had a couple of glasses of wine earlier in the evening.
You tense up as you pull to the side of the roadway, and with the police car’s blinding white searchlight shinning; you fumble to get your license and registration.
What do I do? What should I say?
You’re on pins and needles as the officer approaches, and you roll down your window. He asks if you’ve been drinking and you say yes, but just a few. An hour later you’re sitting in a jail cell, facing a DUI charge. You’re mind races with a millions of thoughts. How long will I be in jail? Will I lose my job? Do I need a lawyer? Every day, this exact situation happens to thousands of drivers, and certainly those in the Bakersfield area. Knowing what your Constitutional rights are when you are pulled over, and exactly what you are required to do and not do, makes all the difference. So here is some advice for you to follow when you are about to face a DUI, to help you out before it’s too late.
For starters, there is only one sure way to avoid a DUI conviction — never ever drive while under the influence. Call a cab, friend, or tow truck. All of which are far cheaper than a DUI conviction and a whole lot safer. Nevertheless, if you are charged with a DUI, there are some important things to know.
First, you should contact an attorney as soon as possible. If you cannot afford one, in most states a court-appointed attorney will be provided to you at no charge. The most important thing is to make sure to see your counsel immediately, so the details of the events leading up to your arrest will still be clear. The more you can remember, the better your lawyer can defend you.
Next, keep quiet when you are pulled over. Do not offer any information to the officer until it is necessary. Everything you say, can and will be used against you, so take a deep breath and compose yourself. Never admit to having any alcoholic beverages, if you do, you have given up your Constitutional right not to testify against yourself, and probably helped prove the officers case against you for DUI. Also by saying little, you do not allow the officer to smell the odor of alcohol on your breath, or allow him to see that your speech may be impaired. However, even if you keep your mouth shut, you will probably be asked to perform a field sobriety test.
You are in no way obligated to perform any of these tests under any circumstances, regardless of what the officer tells you. There is also no advantage to you to perform these tests, as they are only used to build the case against you, by providing the officer with evidence to support probable cause to arrest you for DUI, and that you really under the influence of alcohol. That’s because nine times out of 10 you are going to fail some part of the tests, showing multiple signs of impairment in the eyes the officer giving it. In some jurisdictions, officers will forego the standard field sobriety tests, opting to persuade drivers to blow into a portable breath analyzer, telling them that it cannot be used in court because these devices are notoriously erroneous. Fact is, that while the analyzer’s results are not admissible in court to show proof of the level of blood alcohol in your system, the results are allowable if your attorney wants to challenge the officer’s probable cause to arrest you. So, you should not blow into one of these devices at the scene for any reason.
Consequently, you are required by law to submit to a breath sample once arrested for driving under the influence. This usually occurs at the police station, and is done because you gave your consent to be tested under such circumstances when you obtained you driver’s license. Your refusal to do so could result in a mandatory 12 month loss of license with no opportunity for a restricted license to drive to and from work if you are convicted of a DUI. Finally, even though you have the right to exercise your Constitutional right against self-incrimination, be polite to the officer at all times. Do not be argumentative or discourteous, as it can only harm your case in court. The information provided in this article is for informational purposes only, and is not in any way a substitute for legal advice.
If have been arrested for DUI in Bakersfield, please contact a Bakersfield DUI attorney.
I like what you said about how you are required by law to do a breath sample once arrested. I need to get an attorney to help my sister get better a better sentence. I’ll have to get her a lawyer who has good online reviews.
I thought you made an interesting point when you mentioned that you shouldn’t be argumentative in court when you are dealing with a DUI case. I would think that it would be a good idea to hire a lawyer to work with if you are going to court when facing a DUI charge. It seems like it would be a good idea to let the lawyer handle all of the talking so that you don’t mess things up.