It is not necessary to be drunk to be pulled over and arrested for DUI. Consuming any amount of alcohol can give a police officer reason to believe you could be over the legal limit, arrested and forced to undergo chemical testing at the police station. That said, thousands of innocent people that are arrested every year and charged with DUI fail to exercise their traffic stop rights and unwittingly help the police make a case against them. The following are the most common rights of California drivers when they are confronted by the police during a traffic stop.
The Police Must Have Probable Cause
Your first right in a California DUI traffic stop is that a police officer needs a probable cause to pull you over. Common reasons to give the police probable cause include committing a moveable violation such as failing to stop at a stop sign or failing to use your turn signal, a physical defect in the safety features of your car like a broken headlight or brake light, and/or operating your vehicle in an unsafe or reckless manner.
The Right to Remain Silent
When you are pulled over you are under no obligation to answer the police officer’s questions. You have the right to remain silent. The only information you are required to give the police at this point is your driver’s license and proof of automobile insurance.
Field Sobriety Tests
If you are over 21 years old, you have the right to refuse to take field sobriety tests. Field sobriety tests include standing on one foot while counting, walking an imaginary line heel-to-toe, and the finger-to-nose test. Failing to take field sobriety tests cannot be held against you and the police are required to tell you that the tests are optional.
Search of Your Vehicle
You have the right to refuse to allow a police officer to search your vehicle except when, during a routine traffic stop the officer finds contraband such as a container of alcohol, drugs, or a weapon, or finds evidence of a crime having been committed. Once an officer thinks the driver has committed a crime he may legally search your entire vehicle.
If you are arrested, taken into custody, and charged with a DUI, you need to have a lawyer by your side to do the talking for you and to answer any questions put to you by interrogators at the police station. Call the California DUI defense attorneys at the Kavinoky Law firm today.
Sources: https://www.motorists.org/issues/dui/traffic-stop/
http://www.legalmatch.com/law-library/article/what-to-do-during-a-dui-stop-in-california.html
