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California DUI Arrest Guidelines

DUI Law Guidelines:
What follows are general guidelines that someone who has an encounter with a police officer should follow.

As a general principle, you should always be respectful and polite when speaking with a police officer. Badmouthing an officer out of frustration or anger can only come back to haunt you.

You should be polite and respectful. Never badmouth a police officer. Stay calm and in control of your words, body language and emotions. Also, never get into an argument with a police officer. Keep in mind that your words and actions can later be used against you.

Make sure your hands are visible at all times to the officer. Do not run from the officer, nor should you ever physically touch an officer. Even if you believe you have done nothing wrong, do not resist an officer. In addition, do not tell an officer that they are wrong or that you will file a complaint. You should not make any statements regarding the incident, and ask to speak to an attorney as soon as possible. It will help if you write down details of the incident while it is still fresh in your memory, such as the officer’s badge number, the patrol car’s number, and names of witnesses and their phone numbers. Should you have been injured, try to take photos of your injuries after you have sought medical attention.

General Rules

• When You Are Stopped By an Officer for Questioning
• When You Are Pulled Over While Driving
• What To Do If You Are Taken to a Police Station
• When You Are Questioned Inside Your Home

While you should never hinder law enforcement efforts, it is important to understand your rights and responsibilities in the event that you have an encounter with a police officer, so that you will be prepared to invoke them if necessary. Just like how police officers should be treated with respect and courtesy, police likewise have a duty to treat you with respect and courtesy as well. Contact an experienced Orange County DUI Defense Attorney at the Law Offices of Michael L. Guisti if you feel that your rights have been violated.

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When You Are Stopped By an Officer for Questioning

1. You have a right to refuse to answer any questions posed to you by a police officer. However, this may result in the police officer becoming suspicious with regard to you. Although you cannot be arrested for refusing to identify yourself to a police officer, an officer can arrest you if the police are acting on a tip they have received regarding a crime to determine if you fit the description of the suspect.

2. A police officer is authorized to pat you down if they suspect you are carrying a concealed weapon. Do not physically resist this search, but be sure to vocalize your lack of consent to any further searches to the police officer. If there are witnesses or passersby within earshot, you should also state your lack of consent loud enough so that they too can hear you.

3. You should ask the police officer if you are under arrest. If he says that you are, you have a right to know the reason why. If you are in a situation where you think you are under arrest, but the officer will not specifically say so, you should ask the officer, “Am I free to leave?” If he says that you are not, then you are technically under arrest.

4. You should not speak in a derogatory manner to the police officer, or attempt to flee from the officer, even if you feel that the officer’s behavior is unreasonable. Doing so can lead to the police officer being justified in putting you under arrest.

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When You Are Pulled Over While Driving

1. Provide your driver’s license, vehicle registration, and proof of insurance to the police officer upon his request. Under certain circumstances, a police officer has the authority to search your car without a warrant if he believes probable cause exists that you have committed a crime. A recent court case decision makes it permissible for a police officer to look through a vehicle’s passenger compartment during a traffic stop in an attempt to locate your driver’s license and registration and identify you. As such, having your driver’s license and registration in an easily accessible location to you can prevent the officer from looking through your vehicle without consent. Telling the police officer that you do not give consent for your car to be searched can be a protection, since a police officer cannot arrest you for simply refusing to give consent to a search.

2. In the case of a possible DUI, if an officer tries to have you take a preliminary alcohol screening (PAS) test, you should politely ask the officer if you have the right to refuse the test. If he is being honest, he will tell you that you do have the right to refuse the PAS test. This is not in violation of the Implied Consent laws of California, and submitting to a PAS test does not necessarily mean that you have satisfied California’s “implied consent” laws. When the officer tells you that you do have the right to refuse the PAS test, tell him that you will refuse the test in a polite and respectful voice. However, if you are later arrested and taken to the police station, you must consent to either a blood or breath test, or face a one-year suspension of your driver’s license under California’s “implied consent” laws, as well as possible stiffer penalties if you are convicted of DUI in court.

3. If the police officer gives you a ticket or a citation, you should sign it even if you feel you have done nothing wrong, since you can be arrested for refusing to sign. If you are given a ticket, you should sign it, otherwise you can be arrested. You will be given the opportunity to contest the citation in Court on a later date.

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What To Do If You Are Taken to a Police Station

1. Remember that you have a right to speak to an Orange County DUI Defense Attorney before answering any questions from the police. The only information you should give the police is your name and address. Resist the temptation to give an explanation or an excuse. The best time to do that is in court, once you have consulted with your experienced criminal defense lawyer. In the meantime, you should remember that anything you say to an officer once you have been arrested can be used against you later. People have often done serious damage to their DUI defense by inadvertently admitting certain details or making statements regarding the incident to the police.

2. One of the first things you should do is to ask to speak to an Orange County DUI Defense Attorney. Even if you cannot afford to hire a lawyer on your own, you have the right to be appointed a public defender at no cost to you. Never make any statements to the police without speaking to an Orange County criminal defense lawyer first.

3. You have the right to make a phone call to a DUI Defense Attorney, family member, friend, or bail bondsman within a reasonable amount of time of your arrest. The police are not allowed to eavesdrop on your conversation, but any communication by you should be made discreetly so that it is not inadvertently overheard by those in your vicinity.

4. Once you have been booked and processed, you might be released without bail, or have your bail amount lowered. This is referred to as being released on your own recognizance. In this case, you will be given certain documents as well as a court date for you to appear before a judge. Once you are released, you should contact an experienced Southern California DUI Defense Lawyer if you have not already done so. If you were not released from custody, you will be taken before the judge on the next day. You should not make any decisions, such as entering a plea, until you have spoken to an attorney.

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When You Are Questioned Inside Your Home

1. Except under extraordinary circumstances, a police officer is not authorized to enter your home unless they have a search warrant signed by a judge. A search warrant will specifically identify the location of the search and the items for which the officers will be searching. If they do have such a search warrant, then you should allow them to search your premises without delaying or interfering with them. However, if they do not have such a warrant, and there does not appear to be an emergency or crime being committed, you should not consent to them searching your home under any circumstances. Also, if you do not verbally or otherwise clearly indicate your objection to a search during the officer’s questioning, you may be deemed to have given implicit consent to a search.

2. In some extreme circumstances, officers may be allowed to search your home without a warrant. This is referred to as “exigent” circumstances, and includes such situations as when someone can be heard screaming for help from the outside, or if they are in pursuit of a suspect who was seen heading towards or entering your home. In such cases, the police would be justified in entering your home without a warrant to investigate the emergency situation, or to effectuate an arrest.

3. Should you ever be placed under arrest, the police have the authority to search you and the immediate vicinity of where you were arrested. If you were arrested within a building, this usually refers to the room in which you were. However, like described above, if there are exigent circumstances, the police may be allowed to search areas adjacent to the room in which you were arrested.

If you have been arrested for a DUI/DWI in Orange County, you need to speak with an experienced Orange County DUI Defense Attorney. Call the Law Offices of Michael L. Guisti today for a free initial consultation at (714) 530-9690 regarding your DUI case.