Starting from the point of being pulled over, the DUI process involves many complex stages. Since our skilled attorneys have helped thousands of people accused of DUI navigate the legal system, we can provide you with some tips many of our clients wish they would have known before being arrested.
How to Calculate Your BAC
The best way to avoid DUI charges is to avoid drinking and driving. Since drinking is a pastime many people enjoy, driving after drinking alcohol can be tempting. If you insist on driving after drinking alcohol, the best thing to do is figure out your blood-alcohol content level.
You can calculate your BAC using a complex formula involving your body weight and amount of alcohol you’ve consumed. But rather than doing all this math at a bar or party, you can use portable breath test devices or apps such as IntelliDrink and Drink.app to calculate your BAC. You are in violation of California DUI laws if your blood-alcohol content level is .08% or greater. Since Breathalyzer tests have a margin for error, it is best to wait until you’re well below .08% BAC to drive.
What Police are Looking For
If you are stopped by law enforcement officials while driving, they will be checking to see if you exhibit any of the following signs of impairment:
- Inability to follow instructions
- Slurred speech
- Watery or red eyes
If you are aware that you are displaying these qualities, it would be wise to avoid driving, even if you believe you are not impaired.
You Should Exercise Your Right to Remain Silent
You should never lie to law enforcement officers, but that does not mean you should admit to drinking if they question you. Rather than responding to their questioning with potentially incriminating evidence, it is best to politely exercise your Fifth Amendment rights.
Respectfully inform officers that you have been advised by your attorney not to answer any questions from law enforcement officers. Do not answer any questions; simply state your refusal to answer without the presence of your lawyer.
How to Handle a DUI Checkpoint
DUI checkpoints are especially complex. The first thing you need to know is that all DUI checkpoints in California must be disclosed ahead of time by law. If you plan to go out to a bar, check online to see if any checkpoints have been announced in the area. Additionally, you are not required to enter a DUI checkpoint. You can turn and leave, but you need to do so carefully so that officers do not claim to see signs of impairment.
At a checkpoint, police will likely attempt to get your consent to a search of your vehicle and admit that you were driving while under the influence of alcohol. In addition to respectfully refusing to answer questions, you do not have to consent to a search of your property or person.
You also do not have to consent to field sobriety tests. However, if you are placed under arrest, your consent to a blood or breath test is implied.
Call a Skilled DUI Defense Attorney at Wallin & Klarich
If you or a loved one has been charged with DUI, you need to contact an experienced DUI defense attorney immediately. At Wallin & Klarich, our skilled lawyers have been successfully defending clients facing DUI charges for over 30 years. We will meet with you immediately to review the facts of your case, and plan a defense strategy that will help you get the very best outcome possible.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.