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Helpful Tips:

Fact #9:
If you are ill or have been in an accident in your DUI or DWI investigation and are taken to the hospital for treatment, you are required to give blood. But there must be a reason to take you to the hospital, not just because the Officer wants you to take a blood test. In California you have the right to choose between a breath or blood test. Always choose breath at the police station; not the hand held breath test in the street unless the Officer tells you that it is the chemical test and not a preliminary test. Now if the Officer suspects that you are under the influence of drugs, the Officer may also require you to take a urine or blood test in addition to the breath test, but the Officer must tell you so, and if that is the case, take it, but never request another test after you have taken the breath test at the police station even if one is offered.

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Helpful Tips:
Here are some helpful hints to protect your rights in a DUI investigation in California. Be advised in following these tips you will probably be arrested. However, you are probably going to be arrested anyway, and what I am about to tell you may help you in your criminal defense and at your DMV (APS) hearing in keeping your drivers license.


Fact #1
Always have your proof of insurance and your vehicle registration wrapped around your drivers license so they are all together in one place so you can easily hand it to the Officer. That way the officer will not see you taking it out, and later say you were fumbling with it. (Fumbling is a sign of intoxication).


Fact #2
Officers ask alot of questions during a DUI investigation, if the Officer asks you questions about where you were coming from, do not answer that question. If you do, you may be cutting off time defenses that you have. Just ask the Officer why he or she stopped you.


Fact #3
During your DUI investigation if the Officer asks you if you have been drinking, and you have not, then tell the Officer no. But, if you have, do not lie. Just tell the Officer politely, Officer, I do not mean to be argumentative, but my attorney has told me never to answer a question like that.


Fact #4
At this point in a DUI investigation, the Officer will probably get a little brisk with you and ask you to get out of the car. When you get out of the car, do not lean against the car, or the Officer may write in his or her report that you were so intoxicated that you had to lean against the car to hold yourself up.


Fact #5
Next in your stop for DUI or DWI, the Officer will probably ask you some pre-arrest questions regarding your health, medication, when you ate last, what you ate, when you slept last, how long you slept, what time did you start drinking, what time did you stop drinking, what were you drinking, and how much did you have to drink. Most people say two (2) beers. You may tell the Officer if you have any medical conditions, but you should say nothing else. Simply say, Officer I do not wish to answer any questions thank you, and be polite, do not argue with the Officer.


Fact #6
The next thing that will probably happen in your DUI investigation is that the Officer will want you to take some Field Sobriety Tests (FSTs). If you have not been drinking, and are not under the influence of drugs, do them. On the other hand, if you have had anything to drink, simply say, again Officer, may attorney has advised me never to take any "SUBJECTIVE TESTS" including Field Sobriety Tests, and I am going to follow that advice. This is to include the Preliminary Alcohol Screening Device (PAS) machine in the field or street;Unless you are on probation for a prior DUI or are under 21. If you are on Probation for a Prior DUI offense of if you are under 21, DO NOT refuse to take the Preliminary Alcohol Screening device (PAS) test.If you are NOT under 21 or on Probation then no breath testing in the small hand held device in the street unless the Officer tells you this is the chemical test and no other tests will be required of you. Inform the Officer that you will consent to a breath test only if it is the chemical test and no other tests, breath, blood, or urine are going to be required. Sometimes the police have larger breath machines at the police stateion, and sometimes the large machines are taken to the field for Sobriety Check Point Stops; that is OK, but not the hand held machine unless the officer says this is the chemical test, and in that case, you should only have to blow two (2) times. Additionally, at this point, the officer may try to intimidate you by telling you that he or she will write down that you are refusing to take the tests (FSTs) that are being requested. Do not become intimidated. You do not have to take these tests in California. You are only required to submit to a chemical test of breath of blood; always take breath at the police station or in the street if it is the chemical test not a preliminary test; ask.


Fact #7
If you are ill or have been in an accident in your DUI investigation and are taken to the hospital for treatment, you are required to give blood. But there must be a reason to take you to the hospital, not just because the Officer wants you to take a blood test. In California you have the right to choose between a breath or blood test. Always choose breath at the police station; not the hand held breath test in the street unless the Officer tells you that it is the chemical test and not a preliminary test. Now if the Officer suspects that you are under the influence of drugs, the Officer may also require you to take a urine or blood test in addition to the breath test, but the Officer must tell you so, and if that is the case, take it, but never request another test after you have taken the breath test at the police station even if one is offered.


Fact #8
Pay attention to the Officer who arrests you for DUI and his or her partner, if there is one. Where do they sit you in the car, who is driving, is there a cage, is the police radio on. From the time you get out of the car, how long does it take before you take the breath test; right away?


Fact #9
After the test and after you are booked for DUI, call two (2) people PERSON TO PERSON (COLLECT) so that you have two (2) people that can testify for you at trial that they spoke with you from jail regarding whether or not you had slurred speech. The collect call allows you to have a phone bill to prove that you spoke to the person who will testify about your speech. Police Officers always put in their reports that the defendant had slurred speech because it is a sign of intoxication, this is your evidence to disprove that standardized statement.


Fact #10
Do not discuss your DUI case with anyone on the phone from the jail other than to say that you have been arrested and where you are. You have no expectation of privacy on the jail phones, and in many police stations, the conversations are recorded without your knowledge.


Fact #11
Keep all papers given to you upon release from jail for your DUI arrest which should be your promise to appear and court date, property receipts, a copy of the print-out of the breath machine, and receipt for you car being towed and stored.


Fact #12
Call an attorney as soon as you can after being released from jail for assistance with your DUI; DON'T WAIT.


Fact #15
Call the DMV Driver Safety Office and request an In-Person hearing, discovery and a STAY on your driving privilege until the hearing in your DUI or case has been completed. It is better that you let your attorney do this for you, but if you have not retained an attorney you must remember that you only have ten (10) days from the date of arrest to do this, so do it and protect your rights.


Fact #13
Following the aforementioned steps in your DUI or investigation, will most certainly mean going to jail. However, you were probably going anyway, and they may increase your chance of winning your case as much as fifty (50%) depending on your case facts. The decision at the time of being stopped to follow this advise or not is up to you.


Fact #14
DO NOT DRINK AND DRIVE. ALWAYS HAVE A DESIGNATED DRIVER. BUT SHOULD YOU DRINK AND DRIVE, REMEMBER WHAT WAS JUST COVERED SHOULD YOU BE STOPPED FOR A DUI. The information that I have just given you is not intended for you to break the law. It is intended to preserve your Constitutional rights.