Can I Get Pulled Over For DUI And Let Go?

There are lots of things to consider if you are arrested for DUI, and some of those considerations are outlined below.

The very first thing you need to do is contact the DMV within 10 days of the date of the arrest. This is outlined on your Pink Temporary License, but often overlooked. Don’t overlook it. It is critical that you or an attorney contact the DMV within the appropriate time frame. You will lose important rights if you don’t.

The police will stop every motorist at some point. Perhaps it’s a broken taillight, a routine check, or you get pulled over under suspicion of driving under the influence (DUI). Whether or not you can be pulled over for DUI and let go depends on the level of alcohol and substance in your system, and how you manage the situation.

Have you been drinking or ingesting other substances that may impair your driving? Are you prepared to take tests to prove you are within the legal limits? If your answer to either of these questions is “No,” then your chances of getting pulled over for DUI and let go significantly diminish.

In this article, we’re going to talk about what to expect when you encounter police stops, how to handle the situation appropriately, and how a DUI attorney can help you.

First Things First

The best way to ensure that you don’t jeopardize your chances of getting pulled over for a DUI and let go is to use common sense and not drive when you have been drinking. If you get caught driving after excessive alcohol consumption, contact a qualified and competent defense attorney as soon as possible.

An experienced DUI lawyer like Louis J. Goodman will guide you through the California drink-driving regulations and provide legal support to offer you the best defense for your court case. If you have been arrested for DUI, get in touch with Louis J. Goodman today.

DUI Laws in California

California’s DUI laws are among the strictest in the nation. The legal limit for blood alcohol content (BAC) is 0.08%. If you’re caught driving with a BAC above that level, you can get arrested for DUI. It is illegal for those under 18 to drive with a BAC higher than 0.01%.

Additionally, in January 2022, California expanded its DUI regulatory framework to target an influx of alcohol and substance-impaired drivers. Taking the wheel when you have ingested any drug that affects your ability to drive safely is illegal. The law does not distinguish between illicit drugs, over-the-counter, or prescription drugs.

What You Need to Know About DUI Checks

Drivers can be pulled over under suspicion of DUI for many reasons, including swerving, erratic speed changes, and not signalling correctly. A stop is legal provided the police officer has reasonable cause to believe that the driver violated the law.

If the officer has no reason to believe you are under the influence, your DUI attorney can help you bring forth a motion to suppress which could result in case dismissal. Each DUI case is unique, though this is a general overview of how they commonly occur.

Getting Stopped

When you see the flashing lights coming up behind you, it’s important to find the nearest safe place to stop your vehicle. An officer that already suspects you of being drunk will watch you closely to assess whether there is reasonable suspicion for a DUI investigation. Your license plate number will be recorded, along with the events leading up to the DUI stop.

When the officer approaches, they will ask to see your driver’s license and vehicle registration. It’s a good idea to have these ready to hand over for inspection before the police agent arrives at the car. As you speak with the officer, they will search for clues to determine whether you have likely been drinking or ingesting illegal substances before (or while) driving. These clues can include poor balance, red and watery eyes, slurred speech, or the smell of alcohol on your breath.

Police Questioning

The police officer will ask you questions to gather information about the situation. Regardless of whether you’ve done anything wrong or are driving under the influence, stay calm and collected. The first question an officer will ask you is often “have you been drinking tonight?” or “how much have you had to drink tonight?”.

To offer an appropriate response to these questions, keep in mind the following:

Be Polite

While being pulled over on suspicion of DUI, be polite to the police. It will reduce your chances of having law enforcement actively trying to incriminate you. In contrast, if you were to be hostile, insincere, or rude to the officer, they may do everything in their power to get you convicted, including an implicating police report.

If the police officer asks you to step out of the vehicle, it’s advisable to comply with this request. Otherwise, you may face a charge of resisting arrest, plus a potential DUI.

Do Not Answer Incriminating Questions, But Don’t Lie

If you have been drinking, you may feel compelled to lie about it. However, if you’re getting pulled over for DUI the officer will likely test you even if you say you’ve had nothing to drink. Lying to an officer will make it to the police report. If you do find yourself in a criminal case, it’s not something the prosecution will overlook.

You have the right to remain silent, and any incriminating evidence you give can and will be used against you in court. Responding politely that you do not wish to answer any questions may lead to an automatic loss of license or an arrest, but the consequences may be significantly less hefty than a DUI arrest.

Police Tests

The law enforcement officer will ask you to do a series of tests, including field sobriety tests, a breathalyzer test, and potentially a blood or chemical test.

Field Sobriety Tests

The first is the field sobriety test (FST), in which officers look for clues that a driver is impaired. These tests were developed in the 1970s by the National Highway Traffic Safety Administration (NHSTA). Failure to complete one or more of the exercises is used as a reliable indicator that blood alcohol content is higher than 0.10%. A police officer may ask you to complete FSTs, including some or all of the following:

• Horizontal gaze nystagmus – Nystagmus is the term used to describe the involuntary jerking of the eyeballs. When an individual is impaired by alcohol or substances, the jerking tends to become more pronounced. The law enforcement officer will move an object 12-15 inches from your nose and move it from side to side to determine whether a probable cause for a DUI arrest is present.
• Walk and turn – This is a field sobriety test to determine your coordination and concentration. In this test, a police officer asks you to take nine heel-to-toe steps along a straight line, turn on one foot, and return in the opposite direction in the exact same manner. The officer may notice if you begin walking too soon, stop during the exercise, do not touch your heel to toe, step off the line, or take an incorrect number of steps.
• One-leg stand – This test is administered in two parts: instruction and performance. The officer will explain the test to you and ask if you understand the instructions before proceeding to the test. During this test, you are required to stand on one leg with your foot about six inches off the ground and balance. The law enforcement agents may take swaying, hopping, or putting your foot down as clues that you are impaired.