THE INFORMATION ON THIS BLOG IS WRITTEN BY AN ATTORNEY LICENSED IN CALIFORNIA. The validity of information outside of California has not been verified. THE INFORMATION ON THIS WEBSITE IS NOT MEANT TO CREATE A LEGAL RELATIONSHIP. David Nitka will only acknowledge an attorney-client relationship with those persons who have a signed retainer agreement with David Nitka or his law office.

Friday, December 17, 2010


This article was written by my business partner John Ramirez who spent many years as a District Attorney prosecuting DUI arrests.

I always recommends that you use a designated driver or take a taxi home. In the unfortunate event that you are caught driving drunk here are some ways to minimize the impact of the DUI. If you are pulled over, follow these tips but we you will almost certainly need a lawyer to assist you with your case to reduce the penalties and fines that are sure to follow.

Five things to do:

1. Cooperate: Don’t flunk the “attitude test”: Be pleasant and cooperative with the officer. But that doesn’t mean to do everything you’re asked. There is no requirement that you answer any questions that the officer asks you that they call pre-field sobriety test questions. Never tell them how much you’ve had to drink.

2. Don’t take the Field Sobriety Tests. FST's are so you can show you're NOT under the influence, or they provide the police with evidence of your intoxication. You're not legally obligated to take a FST. However, the officer will then have to make a determination based on observed driving, odor of alcohol, and your ability to hold an intelligent conversation. The officer will not be able to rely on the FST, his most common ally in making a determination on whether to arrest you.

3. Take the Breath-a-lyzer: You will be asked to submit to a BAC test which will measure your Blood Alcohol Content. The two most common tests are the breath test and the blood test. The blood test is almost infallible. The breath test has certain flaws which may provide a basis for invalidating the test.

4. Find a Good Lawyer ASAP: California DUI / DWI arrests occur unexpectedly, and the driver is rarely prepared for the complex legal issues that follow. Drunk driving arrests require fast action. The most pressing issues are typically finding an experienced DUI Attorney, locating someone in custody, finding a reputable bail bond firm, and requesting a DMV hearing to prevent the automatic suspension of a driver’s license.

5. Facilitate Getting out of Jail: Getting the driver released from jail is usually a top priority. Although some individuals arrested for driving under the influence are released on their own recognizance - also known as OR - others must post bail. Locating a bail bond provider is the first step in getting a suspected DUI driver released from jail. Bail Bondsmen usually require an up-front down payment of 10 percent of the bail amount to secure the driver’s release. Locating a driver after a California DUI arrest can be challenging without the right resources, an attorney can be an excellent resource in facilitating this process.

No comments:

Post a Comment