What To Do When You Are First Pulled Over For A California DUI

Typically when you are first pulled over for a California DUI, the officer will ask, “Do you know why I stopped you?”  Your best answer (unless it is already quite obvious) should be, “No.”  This way you avoid confessing to something that may have nothing to do with why the officer stopped you.  If, however, it is quite obvious why you were pulled over (e.g., you were going 75mph in a 45mph zone), then you should answer honestly.  In order to be arrested for a California Driving Under the Influence charge  the officer must have probable cause.  Be sure to make notes of any reason that the California arresting officer gives gives for pulling you over.   

If the officer suspects that you have been drinking, he or she will often ask, “How much have you had to drink?”  It is important to realize that you are under no obligation to volunteer this information when you have been pulled over for suspicion of drunk driving in California.  However in order to avoid suspicion, you may want to respond by asking the officer a question, such as “Have you been having problems with drunk drivers on this road?”  Do not assume, however, that the officer will not ask you again how much you have had to drink.  While you may invoke your right to remain silent or right to counsel, you should only do so if you believe that you are over the legal limit or that the truth will make the officer believe that you are driving drunk in California.

California DUI Guide

Law Offices of Thomas Wallin & Scott Henry
California DUI Lawyer

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Irvine, CA 92606

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