dui attorney bakersfield Archives - Mark Anthony Raimondo; PC

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.

Getting accused of a DUI in Bakersfield CA can be a very stressful experience and there are several consequences that can end up costing you money and your reputation. If you are convicted of a DUI, it can have serious consequences on your background and career, and it may make it more difficult for you to find work. A DUI can stay on your permanent record, but if you hire a DUI attorney in Bakersfield, as soon as possible after being accused of one, your chances of getting the charges dropped are much higher.

1.) When you are pulled over, don’t talk to the police

You are considered “detained” when you are pulled over, and although the police may not have read your Miranda rights they will often ask incriminating questions. You can invoke your Fifth Amendment right to remain silent, and you should. You are only required to provide your license and insurance. Also, any field sobriety tests are optional even though the officers will not let you know that. Politely decline the field sobriety tests and tell the officers that they are not required by California state law.

2.) Make your social media accounts private

Anything that is published online can be used against you in a court of law. If there is an evidence that suggests that you may have been drinking on the night that you were accused of a DUI, it can be collected by the police. Even before you call an attorney you should make your profiles private or remove the accounts altogether. At this point you will need to be more focused on your case, and social media accounts will only end up being a potential hazard for you as you try to beat your charges.

3.) Read all of your paperwork and seek legal counsel

Two things are triggered after a dui arrest. One is the criminal process with the court, and the second one is with the DMV. The only thing the DMV can do to you is take away your driver’s license. In California if you have a valid driver’s license when you are arrested, no matter how intoxicated you are, or how many prior DUI’s you may have, you leave the arrest with a valid (temporary) driver’s license. Most of the time the arresting officer takes away your hard copy of your driver’s license and gives you a temporary “pink colored” driver’s license. This license is only valid for 30 days. If you do nothing it will automatically expire 30 days after the arrest. However, the DMV gives you the opportunity to fight the DMV suspension and if you win at the DMV your license may never be suspended. On that temporary driver’s license there is a notice to you that you have ONLY 10 DAYS to call the DMV and to tell them something to the effect of, “I want to fight the DMV suspension”. The DMV rules regarding the 10 day time period to call are very firm. If you fail to call within the first 10 days, it is next to impossible for anyone to stop the automatic suspension. If you call within the 10 days, then that temporary license remains valid until you actually have your DMV hearing and only if you lose the DMV hearing. The DMV will most likely give you a hearing date about five or six weeks out from the time you call. I would suggest you call the DMV as soon as possible, even if you have not yet found an attorney to help you. It is a simple phone call, and if you later find an attorney to assist you that attorney can easily jump in and take over your case with the DMV and hopefully give you a decent chance at nor losing your driving privilege.

4.) Get witnesses

If you can find anyone who is willing to testify on your behalf in court, it can swing the odds in your favor that you beat your charges. Anyone that was with you at the time of the stop and arrest are most helpful. We have also gotten great information from tow-truck drivers, or even the nurses that helped administer the blood test. Find acquaintances, friends, family members and anyone who saw you before during or after you were stopped and ask them if they would testify for you in court. Your attorney can gather statements from witnesses, and one good witness can help you avoid a guilty charge.

5.) Don’t stress out about it

Stressing out can make your case that much more difficult to get through, and it can cause unneeded stress on your family and friends. Do everything that you can based on the recommendations of your attorney, but continue on with your life and stay in good communication with your attorney. Stay positive and trust the experience of your attorney to get you through your case.

Mark Anthony Raimondo is an experienced DUI attorney in Bakersfield who can advise you on your DUI case and help you beat your charges. If you have been accused of a DUI you need an experienced and skilled attorney, contact Mark Anthony Raimondo today for a free consultation.