IF I AM STOPPED FOR A DUI SHOULD I TAKE THE TESTS THE OFFICER ASKS ME TO TAKE?

In most cases, the answer is NO. If you have been drinking alcohol or have used any type of drug in the hours prior to you being stopped you do not want to provide possible “evidence” to the officer to give him “probable cause” to arrest you. 

Generally, when a driver is stopped and the officer believes he or she may be driving under the influence of alcohol or other illegal substance the office will ask the driver to do a series of “tests”. The officer may say he is asking the driver to do so for the safety of the driver to ensure they are able to properly operate a vehicle. However, in reality, the main reason the officer is asking you to do these “tests” is to obtain possible evidence that can be used to convict you of driving under the influence (DUI).  These tests include the walk-and-turn, balancing on one foot, walking in a straight line, and a preliminary alcohol screening (PAS) test. 

It is important to note that you cannot be “penalized” in any way for refusing to take these tests. Your driver’s license cannot be suspended for refusing to take any of the tests outlined above.

However, if you do agree to take these tests the office may videotape each test. This is being done so the results can be used as evidence against you in a court of law. 

If You Are Arrested, Are You Required to Take a Chemical Test?

If the officer does arrest you and then asks that you submit to a chemical test of your blood or breath when at the police station or at a hospital you must submit to such a test or you may face the loss of your driving privilege for one year. Whether you agree to take this blood or breath test after you have been arrested depends upon a balancing of the potential penalty of losing your driving privilege vs. providing what may be damaging evidence against you in the criminal DUI case that will likely be filed against you. 

If You Are Arrested, Are You Required to Take a Chemical Test?       

     However, one of the unanswered questions among the California courts is whether a statement by an officer indicating that the driver is “required” to submit to a chemical test constitutes a violation of a driver’s Fourth Amendment right to be free from unreasonable searches and seizures. If a court finds a violation, then any evidence the officer obtained as a result of the test can be suppressed at trial. Thus, if you feel that an officer told you that you were required to take a chemical test or that you had to submit to a chemical test, then you may very well have a strong defense!

Contact an Experienced DUI Defense Attorneys at Wallin & Klarich For More Information Regarding DUI Laws and Your Potential Chances at Trial

If you have been arrested on suspicion of DUI, do not hesitate to speak with an experienced defense attorney. The attorneys of Wallin & Klarich have more than 38 years of experience in successfully defending against DUI charges. We know how to raise challenges to the officer’s reasoning for pulling you over, and we have decades of experience in challenging violations of your constitutional rights. Let us help you find the best possible outcome in your case. 

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, there is an experienced Wallin & Klarich DUI defense attorney near you, no matter where you work or live. 

Call us today at (877) 4-NO-JAIL or (714) 386-7333 for a free phone consultation. We will be there when you call.